Learning Outcomes
After reading this article, you will be able to determine where a claimant should commence civil proceedings in England and Wales, identify the relevant courts and tracks, and apply the fundamental criteria for court and track allocation. You will be able to apply these rules to select the appropriate procedural route for contract and tort claims, as required in the SQE2 exam context.
SQE2 Syllabus
For SQE2, you are required to understand the principles and practice behind the commencement of civil claims. In particular, you need to focus on:
- Identifying which court and division is appropriate for a claim (County Court, High Court, and relevant divisions)
- Understanding track allocation principles (small claims, fast track, multi-track)
- Applying value, complexity, and public importance tests to court and track choice
- Considering any specialist courts and relevant jurisdictional factors
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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A claimant wishes to bring a claim for £18,000 for breach of contract. Which court will be the appropriate starting point for proceedings?
- County Court
- High Court
- Supreme Court
- Magistrates’ Court
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In what circumstances can a claim for damages for personal injuries be issued in the High Court?
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What main factors are used to decide to which track a claim will be allocated?
Introduction
When a civil claim (typically for breach of contract or tort) cannot be resolved informally or through alternative dispute resolution, you must choose an appropriate forum for starting proceedings. The selection of court, division, and track is governed by the value, type, and complexity of the claim. The choice can have significant effects on costs, procedures, and remedies.
Court Structure and Jurisdiction
The civil courts in England and Wales are divided into the County Court and the High Court. Most claims, including those concerning contracts and torts, are started in the County Court. Certain claims, depending on their value or complexity, may be issued in the High Court.
Key Term: County Court
The County Court is a national civil court for most claims up to £100,000 and for personal injury claims up to £50,000.Key Term: High Court
The High Court has jurisdiction for higher-value, more complex, or public importance civil claims, and is split into the King’s Bench, Chancery, and Family Divisions.
Criteria for Deciding Where to Issue Proceedings
Which court to use depends primarily on:
- The monetary value of the claim
- The complexity of the legal/factual issues
- The public importance of the outcome
- The specific type of claim (e.g., personal injury, contract, tort)
Value Thresholds
- Claims with a value of £100,000 or less must be commenced in the County Court, except personal injury claims.
- Personal injury claims must be issued in the County Court unless their value is £50,000 or more, in which case they may be issued in the High Court.
- Claims over £100,000 (other than for personal injury) can be commenced in either court, with consideration of complexity and other factors.
Complexity and Public Importance
Complex cases (including disputes with technical, novel, or difficult legal issues, or those requiring specialist knowledge) and those where the outcome is of wide public significance may be suitable for the High Court, regardless of value.
Court Divisions and Specialist Courts
The High Court is divided into the King's Bench Division (most contract, tort, personal injury cases), Chancery Division (business, trust, and property cases), and Family Division.
Some matters should be started in specialist courts (e.g., the Technology and Construction Court, the Commercial Court) where the claim falls within their particular remit.
Key Term: Specialist Court
A court within the High Court structure that deals with specific types of disputes, such as commercial, construction, or intellectual property cases.
Track Allocation
Once a claim is started, the court will allocate it to one of three tracks based on value and complexity:
- Small Claims Track: For most claims up to £10,000 (some personal injury claims up to £1,000)
- Fast Track: For straightforward claims between £10,000 and £25,000
- Multi-Track: For claims over £25,000 or those which are complex, regardless of value
Key Term: Track Allocation
The process by which the court designates a claim to a procedure with suitable directions for its value and factual/legal complexity.
Factors for Track Allocation
The court considers:
- The monetary amount involved
- Complexity of facts/law
- Number of parties
- Importance to persons not party to the proceedings
- Likelihood of requiring expert evidence
- The expected length of trial
Worked Example 1.1
A claimant suffers a workplace injury valued at £45,000. Should the claim be commenced in the County Court or the High Court?
Answer:
The claim must be started in the County Court, as personal injury claims—unless they exceed £50,000—should not be initiated in the High Court.
Worked Example 1.2
A dispute over a £140,000 business contract involves complex factual issues about international supply chains. Should this be issued in the County Court or High Court?
Answer:
The claim may be issued in the High Court, given the value is over £100,000 and substantial complexity is involved. The discretion to use the High Court arises even though the County Court would also have jurisdiction.
Types of County Court Centres
- Money Claims Centre: Processes most paper-based money claims.
- Hearing Centres: Venue for hearings; claimants should select a preferred location, but the court determines the final location.
Exam Warning
Many claims fall just above or below value thresholds for track or court allocation. Always consider complexity, not just monetary value. Remember personal injury claims have a £50,000 High Court threshold, while other claims use £100,000.
Revision Tip
On SQE2, always specify why a claim should be started in the particular court (e.g., value, complexity, technical subject matter, or public importance). Practice articulating these criteria clearly.
Key Point Checklist
This article has covered the following key knowledge points:
- The main civil courts are the County Court and the High Court; court choice depends mainly on value, complexity, and type of claim.
- Claims worth £100,000 or less (not including most personal injury claims) must start in the County Court; claims above that threshold or with special complexity can be started in the High Court.
- Track allocation (small claims, fast track, multi-track) is based on value and complexity; the multi-track is reserved for high-value or complex claims.
- Consider whether a claim needs to go before a specialist court (e.g., Commercial, Technology and Construction).
- Explaining the reasons for the choice of court and track is essential when advising clients and for assessment in the SQE2 exam.
Key Terms and Concepts
- County Court
- High Court
- Specialist Court
- Track Allocation