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Acing the SQE/Dispute Resolution/Commencing, responding to or progressing a claim
Reference material by Wikibooks contributors. This retains its source identity and is not 411 news reporting.
Where to start proceedings
allocation of business between the High Court and the county court
In England, both the High Court and County Court have jurisdiction over civil cases. The allocation of business between the two courts is determined by the value and complexity of the claim.
Generally speaking, the County Court will handle less complex cases with a lower value of up to £100,000. This includes matters such as small claims, debt recovery, and personal injury cases. The High Court, on the other hand, deals with more complex cases, higher-value cases exceeding £100,000, and cases involving specialized areas of law such as intellectual property, insolvency, and judicial review.
Additionally, there are specific divisions of the High Court that deal with certain types of cases, such as the Chancery Division which handles disputes involving trusts, property, and company law, and the Queen's Bench Division which deals with contract and tort disputes, among others.
It's worth noting that some cases may be commenced in either the High Court or County Court, and the choice of court will depend on a number of factors including the complexity and value of the claim, as well as the preference of the parties involved.
jurisdiction of the specialist courts
In addition to the High Court and County Court, there are several specialist courts in England that have jurisdiction over specific areas of law. These courts include:
The Chancery Division: This division of the High Court deals with cases involving trusts, probate, insolvency, and company law.
The Queen's Bench Division: This division of the High Court deals with cases involving contract and tort disputes, defamation, and judicial review.
The Family Division: This division of the High Court deals with cases involving family law, such as divorce, child custody, and adoption.
The Commercial Court: This division of the High Court deals with international trade disputes, shipping, and insurance matters.
The Technology and Construction Court: This division of the High Court deals with disputes related to construction, engineering, and technology.
The Patents Court: This division of the High Court deals with disputes related to patents, trademarks, and other intellectual property rights.
Each of these specialist courts has its own set of rules and procedures, and the judges who preside over them typically have expertise in the relevant area of law. By having specialist courts, the English legal system is able to ensure that cases are heard by judges with the appropriate knowledge and experience, which can lead to more efficient and effective resolution of disputes.