Chapter 4: Starting Proceedings – Choice of Court

• How a claim starts


  1. Parties follow pre-action protocol

  2. Alternative Dispute Resolution not possible or failed

  3. Claimant issues claim form with brief details of claim

  4. Claimant sends claim form and fee to appropriate court
• Where to start proceedings


  Depends on which courts have jurisdiction to deal with the dispute
• High Court vs County Court


  • Claims arising in England and Wales issued in High Court or County Court
  • Choice depends on value of claim
  • High Court: claims over £100,000 (£50,000 for personal injury)
  • County Court: claims up to £100,000 (can still be issued in High Court)
• Reasons to file in High Court


  • High financial value and amount in dispute
  • Complexity of facts, legal issues, remedies, or procedures
  • Importance of outcome to the public
• If a claimant starts proceedings in the High Court in contravention of the rules, the court can transfer or strike out the claim
• Issuing in the County Court


  1. County Court Money Claims Centre for debts up to £100,000

  2. Online damages portal for non-money claims

  3. Local County Court hearing centres
• Examples of County Court claims


  • Debt owed to plumber
  • Damages claim against accountant
• There is a separate procedure to issue a claim on a question that is unlikely to involve a substantial dispute of fact
• Transfer of case


  Court normally transfers claim to hearing centre local to defendant's home address or claimant's preferred hearing centre
• High Court Divisions


  Chancery, Family, and King's Bench
• High Court District Registries

  High Court located in London, but has District Registries in large towns and cities
• Types of claims in King's Bench Division


  • Defamation
  • Breach of contract
  • Tort: Negligence
  • Personal injury
  • Land possession
  • Non-payment of debts
  • Judicial Review
• Example of claim in King's Bench Division


  • Businesswoman's negligence claim against former solicitors
• Specialist courts in High Court


  Business and Property courts, including Technology and Construction Court and Commercial Court
• Technology and Construction Court


  • Handles disputes about buildings, engineering, and surveying
  • Claims about services provided by professionals
  • Environmental claims
  • Claims about local authority duties
• Commercial Court


  • Handles complex national and international business disputes
  • Emphasis on international trade, banking and insurance
  • Disputes over contracts and business documents
  • Insurance and re-insurance
  • Import, export, and carriage of goods
  • Banking and financial services
• Example of claim in Technology and Construction Court


  • Homeowner's negligence claim against architect
• Chancery Division


  Deals with claims involving equity and trusts, commercial fraud, tax, intellectual property, land, business disputes, contentious probate, regulatory work, bankruptcy, and professional negligence
• Chancery Division judges normally sit in London, but also hear cases in major cities
• Questions on issuing claims are likely to require choosing the most appropriate court based on factors like claim value, claim type, and geographic convenience