Where to start the claim
Where to start the claim

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Where to start the claim
  • High Court or the County Court?
  • Online Court—when is this available?
  • Defendant's home court—when should you issue here?
  • Part 8 claims
  • Specialist courts and lists
  • Chancery Division
  • Queen's Bench Division
  • Queen's Bench Division—Technology and Construction Court (TCC)
  • Queen's Bench Division—Circuit Commercial Courts
  • more

High Court or the County Court?

Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim. The rules are set out in CPR PD 7A (for CPR 7 claims).

For information on commencing a claim under CPR 8, see below.

Claims which may (and in some cases, generally must) be started in the High Court

Proceedings (whether for damages or a specified sum) may not be issued in the High Court unless the value of the claim is more than £100,000 (£50,000 in the case of a personal injury claim) (CPR PD 7A, paras 2.1–2.2).

Where the financial threshold is met, claims which must generally be issued in the High Court are (the relevant division or specialist court is shown in brackets):

  1. admiralty—Commercial Court (CPR 61.2)

  2. libel and slander—Queen's Bench Division. Note, however, a claim for damages or for any other remedy for libel or slander may be started in the County Court where the parties agree this in writing (CPR PD 7A, para 2.9(1))

  3. judicial review—Administrative Court (CPR 58)

In addition, CPR PD 7A, para 2.4 provides that claims should be started in the High Court if the claimant believes that the claim ought to be dealt with by a High Court Judge due to:

  1. the amount in dispute