Ordinary Courts
The main Courts that private claimants will use in England and Wales are the High Court and the County Court. The Civil Procedure Rules apply equally in both Courts. Generally, cases will only be started in the High Court it is of significant financial value or raises complex legal issues and it is important that higher level High Court be used. The High Court has jurisdiction in claims more than £1oo,000.00.
Personal Injury cases can be commenced in the High Court providing the figure claimed for is over £50,000. Claims under the value of £100,000 may be commenced in the High Court where a statute requires. For example, Judicial Review proceedings must be brought in the High Court.
Claims involving specialist subject areas may be brought in the Commercial Court, the Mercantile Courts, the Patent Courts or the Technology and Construction Court. Claims for professional negligence, fraud, or defamation and claims deemed to be in the public interest may be brought in the High Court.
It may be appropriate to start cases of claims more than £100,000.00 (but less than £350,000) in the County Court unless particularly complex issues arise.
There were formerly almost 200 County Courts throughout England and Wales and the claimant can proceed in any Court he wishes. Since 2014 they have been merged into a single court.
Likewise, with the High Court, there are different District Registries and it is possible in theory to proceed in any of them. Most claimants will start proceedings in the Courts closest to their home or business. It is possible for the Courts to transfer disputes from one Court to another as may be appropriate.
There are different divisions in the High Court which deal with specialist types of claims. General contract and civil wrong dispute will usually be heard by the Queens Bench Division. The Commercial Court deals with and sits in various other regional cities and deals with particular types of commercial disputes.
There is a great emphasis on the Court’s role in disputes under the Civil Procedure Rules. The majority of applications arising during the case will be dealt with by District Court Judges in the County Court or Masters in the High Court. District Court Judges will usually hear trials where the amount being claimed does not exceed [£15,000.00].
The Chancery Division
Certain types of business disputes involving specialist knowledge are usually commenced in the Chancery Division of the High Court. These include the land dispute, insolvency matters, company law matters and trusts.
In the case of certain specialised types of cases, there are detailed procedures appropriate to them. In many Chancery Division cases, there will be no disputes as to what the actual facts are. What will be required in such circumstances is a ruling on the law by the Courts.
There is a special procedure available in the Chancery Division to facilitate these types of claims. The actual evidence may be very limited and will be sufficient to enable the Court to determine what the facts and circumstances are so it can make the appropriate ruling of law
Specialist Courts
Most Litigation disputes will be dealt with by the County Courts and High Courts throughout England and Wales. However, there are also a number of specialist Courts.
The Commercial Court in London was established over 100 years ago and specialises in commercial and mercantile disputes. This enables the courts it to deal with these kinds of disputes efficiently. The Mercantile Court is also based in London and it is designed to deal with commercial disputes of lesser value.
There are regional equivalents of the Commercial Court and the Mercantile Court in various cities such as Birmingham, Bristol, Cardiff, Chester, Leeds, Liverpool, Manchester and Newcastle.
The Technology and Construction Court hears construction and engineering disputes as well as information technology disputes. It is part of the High Court and sits in London and in a number of district areas.
