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1. General Matters
Includes:
- Allocation of Business between High Court and County Court
(CPR 7.1 + PD7A);
- The Overriding Objective (CPR 1);
- Duty of the Court to Manage Cases (CPR 1 continued);
- General principles of Alternative Dispute Resolution (ADR
Handbook 1, 2, 4, 9, and 11);
- Timing the use of ADR (ADR Handbook 3).
Allocation of Business between High Court and County
Court (CPR 7.1 + PD7A)
Where to Start Proceedings (PD7A)
2.1 Proceeds (whether for damages or for a specified sum) may only be started in
the High Court if the value of the claim is more than £100,000.
2.2 Proceedings which include a claim for damages in respect of personal injuries
may only be started in the High Court if the value of the claim is £50,000 or more.
2.3 However, a claim must be issued in the High Court or the County Court if an
enactment requires.
Subject to para 2.1 and 2.2… a claim should be started in the High Court if by the
reason of:
(1) the financial value of the claim and the amount in dispute, and/or
(2) The complexity of the facts, legal issues, remedies or procedures
involved, and/or
(3) The importance of the outcome of the claim to the public in general,
the claimant believes the claim ought to be dealt with by a High Court judge.
- A claim under section 7(1)(a) of the Human Rights Act 1998 in respect of a
judicial act may be brought only in the High Court.
Proceedings are started when the claim form is issued by the court, at the request of
the claimant.
The Claim Form (CPR 7)
7.2
, (1) Proceedings are started when the court issues a claim form at the request
of the claimant.
(2) A claim form is issued on the date entered on the form by the court.
7.3 A claimant may use a single claim form to start all claims which can be
conveniently disposed of in the same proceedings.
7.4 The claim form is then filled out by the claimant and served on the defendant.
When serving the claim form the claimant may include their particulars of claim or (if
not included in service) must be served on the defendant within 14 days, after
service of the claim form.
After this, the claimant must, within 7 days of service on the defendant, file a copy of
the particulars to the court.
- The claimant need not file a copy of the particulars of claim under paragraph (3) if the
claim is being dealt with at the Production Centre (under rule 7.10) or the County Court
Business Centre (under Practice Direction 7C) and is not transferred to another court.
7.5 The claimant must complete the service in accordance to the following table,
before 12.00 midnight on the calendar day four months after the date of issue of
the claim form.
Method of service Step required
First class post, document exchange or other Posting, leaving with, delivering to or
service which provides for delivery on the next collection by the relevant service provider
business day
Delivery of the document to or leaving it at the Delivering to or leaving the document at
relevant place the relevant place
Personal service Leaving it with the relevant person,
subject to CPR 6.5
Electronic method Sending the e-mail or other electronic
transmission
7.6 The claimant may apply for an order extending the period for compliance with
service.
(2) The general rule is that an application to extend the time for compliance with rule
7.5 must be made:
(a) within the period specified by rule 7.5; or
(b) where an order has been made under this rule, within the period for
service specified by that order.
(3) If the claimant applies for an order after the end of the 7.5 period or by an order
made under this rule, the court may make such an order only if:
(a) the court has failed to serve the claim form; or
(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has
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