Learning Outcomes
After reading this article, you will be able to determine the correct court for commencing a civil claim in England and Wales, including when to use the County Court, High Court, or a specialist court. You will understand the financial and complexity thresholds for court allocation, the roles of the main specialist courts, and how to apply these rules to practical scenarios for SQE1 assessment.
SQE1 Syllabus
For SQE1, you are required to understand the allocation of civil claims between the County Court, High Court, and specialist courts. Focus your revision on:
- The financial thresholds and criteria for starting claims in the County Court or High Court.
- The specific jurisdiction and function of key specialist courts, including the Commercial Court, Technology and Construction Court (TCC), and Intellectual Property Enterprise Court (IPEC).
- How to identify the appropriate court or specialist list for different types of disputes, considering both value and subject matter.
- The importance of correct court selection for procedural efficiency and costs.
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.
- A business wishes to bring a £90,000 contract claim involving straightforward facts. In which court must the claim be started?
- Which specialist court is most appropriate for a £2 million dispute over defective engineering works requiring technical expert evidence?
- What is the main advantage of commencing an intellectual property dispute in the IPEC rather than the general Chancery Division?
- Name two factors, other than claim value, that may justify starting a claim in the High Court.
Introduction
Selecting the correct court is a critical first step when commencing a civil claim. The Civil Procedure Rules (CPR) and accompanying Practice Directions set out clear rules for allocating business between the County Court and High Court, primarily based on the value and complexity of the claim. Within the High Court, a number of specialist courts exist to handle particular types of disputes, such as complex commercial, construction, or intellectual property cases. Understanding these jurisdictional rules ensures claims are heard efficiently and by judges with specialist knowledge in particular areas and often use tailored procedures.
Allocation Between the County Court and High Court
The main distinction for starting proceedings is between the County Court and the High Court. The CPR and Practice Direction 7A set out the financial thresholds and other criteria for allocation.
Key Term: Jurisdiction
The legal authority of a court to hear and decide a particular type of case.
Claim Value Thresholds
- County Court: Claims with a value of £100,000 or less must be started in the County Court. For personal injury claims, the threshold is £50,000 or less.
- High Court: Claims over £100,000 (or over £50,000 for personal injury) may be started in the High Court.
Key Term: County Court
The main civil court for lower-value and less complex claims in England and Wales.Key Term: High Court
A senior civil court dealing with higher-value, complex, or important cases, divided into specialist divisions.
These thresholds are starting points. A claim above the threshold can still be issued in the County Court, and a claim below the threshold started in the High Court may be transferred or attract costs sanctions unless justified.
Other Criteria for High Court Allocation
Even if a claim is only slightly above the threshold, the High Court may be appropriate if:
- The facts, legal issues, remedies, or procedures are complex.
- The outcome is of general public importance.
If these factors apply, the claimant should state this on the claim form. The court can transfer cases between courts to ensure proper handling.
Specialist Courts in the High Court
Within the High Court, certain types of cases are handled by specialist courts or lists. These courts have judges with specialist knowledge in particular areas and often use tailored procedures.
The Business and Property Courts
The Business and Property Courts (B&PCs) group together several specialist courts in major centres across England and Wales. The main specialist courts for SQE1 purposes are:
Commercial Court
The Commercial Court, part of the Queen’s Bench Division, handles complex national and international business disputes. Typical cases include:
- Disputes over commercial contracts and business documents.
- Banking and financial services.
- Insurance and reinsurance.
- International trade, shipping, and commodities.
- Arbitration-related claims.
Key Term: Commercial Court
A specialist High Court court for complex commercial and international business disputes.
Technology and Construction Court (TCC)
The TCC, also in the Queen’s Bench Division, specialises in:
- Building and engineering disputes.
- Professional negligence claims against construction professionals.
- IT and technology disputes.
- Environmental claims linked to construction.
- Challenges to adjudication or arbitration decisions in construction.
Key Term: Technology and Construction Court (TCC)
A High Court specialist court for construction, engineering, and technology disputes.
Claims in the TCC are usually over £250,000, but lower-value claims with technical complexity or an international element may be accepted.
Chancery Division Specialist Lists
The Chancery Division covers a wide range of business and property litigation, including:
- Trusts and probate.
- Insolvency and company law.
- Partnership disputes.
- Intellectual property (IP).
Key specialist lists include:
- Intellectual Property Enterprise Court (IPEC): Handles IP disputes (patents, trademarks, copyright, designs) with streamlined procedures and capped costs, suitable for lower-value or less complex claims (generally up to £500,000, with a small claims track for claims under £10,000).
- Patents Court: Deals with complex or high-value patent and registered IP disputes (typically over £500,000).
Key Term: Intellectual Property Enterprise Court (IPEC)
A Chancery Division specialist court for lower-value or less complex IP disputes, with capped costs and streamlined process.
Administrative Court
The Administrative Court, part of the Queen’s Bench Division, exercises the High Court’s supervisory jurisdiction. It mainly hears:
- Judicial review claims challenging the lawfulness of decisions by public bodies.
- Statutory appeals and applications (e.g., planning appeals).
Admiralty Court
The Admiralty Court, also within the Queen’s Bench Division, deals with maritime claims such as:
- Ship collisions.
- Salvage.
- Carriage of goods by sea.
- Ship mortgages and limitation actions.
Worked Example 1.1
A construction company is sued for £1.5 million over alleged defects in a major infrastructure project. The dispute involves complex engineering evidence and multiple expert reports. Which court is most appropriate?
Answer: The claim value is well above the High Court threshold, and the technical complexity points to the Technology and Construction Court (TCC) in the High Court.
Worked Example 1.2
A small business wants to sue a competitor for copying its registered design, claiming £100,000 in damages and seeking an injunction. Which court should the claim be started in?
Answer: This is an intellectual property dispute of moderate value. The Intellectual Property Enterprise Court (IPEC) is suitable due to its streamlined process and costs cap.
Exam Warning
Do not rely solely on claim value. A high-value but simple claim may be suitable for the County Court, while a complex technical case may justify the High Court or a specialist court even if the value is only slightly above the threshold. Always consider both value and subject matter.
Revision Tip
When deciding where to start a claim, first identify the main legal area (e.g., commercial, construction, IP, public law, maritime). This will help you select the correct specialist court or division.
Summary
| Court/List | Division | Typical Cases / Subject Matter | Value Thresholds / Notes |
|---|---|---|---|
| County Court | N/A | Contract, tort, land, family (lower value/complex) | ≤ £100,000 (≤ £50,000 for PI) |
| High Court (QB/Ch) | QB / Chancery | Higher value/complex contract, tort, land, IP | > £100,000 (> £50,000 for PI) |
| Commercial Court | Queen’s Bench (B&PCs) | Complex commercial, banking, insurance, trade | High value/complex (no strict minimum) |
| TCC | Queen’s Bench (B&PCs) | Construction, engineering, technology | > £250,000 (unless complex/technical) |
| Chancery (General) | Chancery (B&PCs) | Trusts, probate, insolvency, company, IP | > £100,000 |
| IPEC | Chancery (B&PCs) | IP (patents, TM, copyright, designs) | ≤ £500,000 (small claims ≤ £10,000) |
| Patents Court | Chancery (B&PCs) | Complex/high value patents and registered IP | > £500,000 |
| Administrative Ct | Queen’s Bench | Judicial review, statutory appeals | Nature of claim determines jurisdiction |
| Admiralty Court | Queen’s Bench (B&PCs) | Maritime (collisions, salvage, cargo) | Nature of claim determines jurisdiction |
Key Point Checklist
This article has covered the following key knowledge points:
- Claims up to £100,000 (£50,000 for personal injury) must be started in the County Court.
- Claims over these thresholds may be started in the High Court, especially if complex or of public importance.
- The High Court includes specialist courts for commercial, construction, and IP disputes.
- The Commercial Court, TCC, and IPEC are the main specialist courts for business, construction, and IP claims.
- Correct court selection ensures efficient case management and access to specialist judges.
Key Terms and Concepts
- Jurisdiction
- County Court
- High Court
- Commercial Court
- Technology and Construction Court (TCC)
- Intellectual Property Enterprise Court (IPEC)
