Complete notes covering Workshop 3/4 of the University of Law's Dispute Resolution Module.
- Commencing Proceedings
- Service of Documents
- Drafting Statements of Case (Claim Form and Particulars of Claim)
- Court Fees
- Default Judgement
- Defences and Counterclaims
Statements of Case, Service of Documents, and Judgment in Default
Commencing proceedings
Choice of court
In some cases, the client will have a choice as to the court in which to start proceeding.
What court? Value of claim
High Court → PD 7A, para 2.1: If the value of the claim is more than £100,000, can
opt to start here.
→ PD 7A, para 2.4: having regard to… value of claim and/or complexity
of facts, legal issues, remedies or procedures and/or the importance
of the outcome.
Division:
Likely to be the Queen’s Bench Division:
▪ Queen’s Bench Division:
● Claims for breach of contract or tort.
▪ Chancery Division:
● Commercial claims e.g. trusts, claims about land, landlord and
tenant disputes, contentious probate, intellectual property, if
seeking an equitable remedy such as specific performance.
▪ Family Division
County Court Unlimited jurisdiction to hear all tort and contract cases.
→ If value less than £100,000, must start here
→ If more than £100,000, can choose here or High Court
1 Is the value for more than the £100k threshold set out in PD 7A para 2.1?
a. No → County Court – go to 4.
b. Yes → Choose County Court or High Court.
2 PD 7A para 2.4 says you should consider whether the claim ought to be dealt with by a High Court judge due
to:
a. Financial value (is it well over 100k or only just?);
b. The complexity (are expert witnesses required?); and/or
c. The importance to the public.
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