Starting a Claim

A brief guide to the points to consider when you are deciding in which court to commence proceedings. This note covers the jurisdiction of the various courts in England and Wales (meaning the court's power or authority to try a claim)  and, where you have a choice of court under the rules, it gives guidance on how to choose the most appropriate court. For guidance on territorial jurisdiction, see Practice note, Jurisdiction: an overview.

This note considers: How to plead a claim for interest. The consequences of failing to plead a claim for interest. How to respond to a claim for interest.

This note sets out the fees payable in the county court (including the Claim Production Centre and Money Claim Online) in relation to certain key stages in proceedings. For details of fees in the High Court, see Practice note, High Court fees: a quick guide. 

This Practice note considers Practice Direction 5C - Electronic Working Scheme - which came into force on 1 April 2010. IMPORTANT NOTE: On 20 April 2012, HM Courts and Tribunals Service announced that the electronic working system (introduced for the jurisdictions of the Royal Courts of Justice now in the Rolls Building) was to be shut down. The Royal Courts of Justice e-working mailbox is no longer available. HMCTS remains "fully committed" to delivering an electronic filing, document management and listing system "at the earliest opportunity" although there is currently no target date for implementation. We will be monitoring developments.

Regulation 861/2007/EC of the European Parliament and of the Council establishing a European Small Claims Procedure (the Regulation) was published in the Official Journal on 11 July 2007. It substantially came into force on 1 January 2009. The Regulation contains a standardised procedure for cross-border civil and commercial claims of modest value (under EUR2,000) and is intended to facilitate access to justice by simplifying and speeding up lower value cross-border litigation and by reducing its cost. The Regulation applies to all EU member states, except Denmark. It is worth having a working knowledge of the Regulation. Even though many private practice lawyers may never deal with such a low-value claim as part of their main fee-earning practice, they may be asked to advise on one in a pro bono context or to provide guidance to clients or their in-house lawyers who may be dealing with such a claim themselves.

This practice note sets out the potential consequences of starting winding up proceedings against a company. It explains why serving a statutory demand or issuing a winding up petition may not always be an appropriate means of enforcing a debt. It also sets out alternative courses of action that may be available to a creditor of a company.

A practical guide for those who are seeking to bring or continue a claim against a company or individual which is, or is about to become, insolvent. This includes a summary of the statutory moratorium or automatic stay of proceedings that arise under the Insolvency Act 1986 when a company is in administration or liquidation respectively, and guidance on the court's approach on an application for leave to pursue a claim.

This note provides an overview of magistrates' courts and their jurisdiction. It also considers how magistrates are appointed, where magistrates' courts should be located and the various matters that magistrates will deal with within their criminal and civil jurisdictions.

A discussion of the main bases for claiming pre-judgment interest on debts and damages in civil proceedings. The note includes claims for interest under a contract, the Late Payment of Commercial Debts (Interest) Act 1998, and the court’s discretionary statutory powers in the Senior Courts Act 1981 and the County Courts Act 1984.