#10373 - Organisation Of Courts And Allocation Of Business - BPC Civil Litigation

ORGANISATIONAL MATTERS

ORGANISATION OF HIGH COURT AND COUNTY COURT

COMPSITION AND ADMINISTRATION

High Court

• a senior court of E&W

• offices at Royal Courts of Justice

• 137 district registries serving coco districts

• many claims involving disputes in London must be commenced in RCJ

• C can choose whether to commence claim for non-London disputes in RCJ or district registry

• 3 divisions, each w/ own judiciary and admin

  • QBD

  • ChD

  • FamD

    • specialist court within divisions, each w/ own judges and admin, located in Rolls Building:

      • Technology and Construction Court (TCC)

      • Companies Court

      • Commercial Court

      • Patents Court

      • Admiralty Court

• public law decisions and applications for JR dealt w/ by Admin Court

• trial by

  • Justices of High Court (puisne judges) and deputy judges

  • = my lord, my lady, your lordship, your ladyship

• HC judges often also = DJ for local coco

• interim applications

  • QBD and ChD - dealt w/ by masters = master

  • Comm Court - Comm Court judge

  • district registries - DJs = sir or madam

  • masters and DJs cannot grant interim injunctions unless have trial jurisdiction over claim

• masters and DJs cannot grant interim injunctions (with some exceptions)

• DDJs, DJs and masters cannot try HRA claims in respect of judicial act OR declarations of incompatibility

• admin done by civil servants employed by MoJ

• BUT enforcement done by enforcement officers, who aren't civil servants

County courts

• currently 170

• soon to be replaced by 1 w/ jurisdiction over E&W

• many civil claims can be commenced in any coco

• BUT defended claims may be transferred either automatically / at court's discretion

• 'designated money claims' (only remedy sought is money)

  • must be commenced by sending papers to CoCo Money Claims Centre Salford

  • Issued in Northampton CoCo

• administration

  • most done locally

  • to cater for bulk users, proceedings in debt recovery claims may be issued by Production Centre Northampts

    • Cs deliver draft claim forms in computer readable form Centre produces printed claim forms dispatched using automatic mailing equipment

    • C can choose to have claim form treated as issued in any coco

• Circuit Judge (CJ) presides

  • professional lawyer

  • 7 year judicial appointment qualification

  • = your honour

• Recorder

  • practises for no. of weeks / year

  • part-time judge (practising barrister)

  • = your honour

• Coco trials usually conducted by CJ or Recorder sitting alone

• can appoint deputy CJs and assistant Recorders if workload requires; also = your honour

• 1+ District (DJ)

  • 5 year general qualification

  • = sir or madam

  • conduct most interim proceedings, small-claims hearings and possession claims

  • power to conduct trial where amount claimed <25k

• admin

  • done by civil servants employed by MoJ

  • headed by court manager - to whom correspondence should be addressed

  • staff draw up, issue and serve court documents and maintain court records

• enforcement - by bailiffs

  • also employed by MoJ

  • physical enforcement of judgment

  • serving documents

PD 2A - COURT OFFICES

High Court

• Central Office of HC at RCJ divided into and distributed amongst departments as set out in QBD Guide

• RCJ

  • open all year except

    • weekends

    • Christmas day + extra dday

    • bank holidays

  • RCJ and Principal Registry Family Div open to public 10-4.30pm

  • District registries open on same dates and same hours of coco offices form part of

  • Practice master (a master of QBD) present at RCJ when open

County Courts

• all have 1+ office situated where Lord Chancellor directs

• at least 1 must be open on dates stated above for HC

• opening times published on website

• matters over which masters & DJs don't have jurisdiction / can deal w/under certain conditions only

• does not apply to proceedings in FamDiv

ALLOCATION OF BUSINESS BETWEEN HIGH COURT AND COUNTY COURT

JURISDICTION

Cases allocated exclusively to coco

• Exclusive jurisdiction over small number of cases

Claims which should be brought in a coco

• statutory provisions providing that if proceedings brought in HC as opposed to Coco, C cannot recover costs channel most applications into Coco

• Housing Act 1988 Part I s40(4) also encourages use of Coco

  • if application made to HC rather than Coco, applicant cannot recover more costs than if application in Coco

• CPR r55.3 - proceedings for recovery of land must be commenced in court for district land is in

Concurrent jurisdiction

• coco and HC have concurrent jurisdiction over many categories of civil case - s1 Courts and Legal Services Act and HC and Coco Jurisdiction Order 1991

• most civil proceedings can be brought in Coco or HC at C's option (i.e. C has choice)

  • contract and tort claims

  • recovery of land claims

  • applications for orders under Inheritance (Provision for Family and Dependants) Act 1975 s2

  • relief from forfeiture applications

  • applications under Landlord and Tenant Act 1954 re: security tenure of business tenants

Cases where there is limited coco jurisdiction

• if value of case falls below statutory limit HC and coco have concurrent jurisdiction

• BUT if value exceeds limit case must be brought in HC

• 2 main limits:

  • 5k limit on the amount claimed in the action

    • cases subject to 5k limit are unusual

    • BUT include applications for defective search certificates under Local Land Charges Act 1975

  • 30k limit on value of estate/trust/property subject to the proceedings

    • proceedings under various LPA 1925 provisions

    • contentious probate proceedings

    • proceedings to vacate land charges

    • general equitable jurisdiction: estates, trusts, specific performance

• other limits:

  • admiralty claims can be brought in coco if value of salvaged property does not exceed 15k

  • proceedings re: companies can only be brought in coco if paid up share capital does not exceed 120k

Cases allocated exclusively to HC

• following can only be brought in HC

  • applications for JR

  • applications concerning decisions of local authority auditors

  • claims under the HRA 1998 in respect of a judicial act

• following can only be brought in HC (unless parties agree in writing to start in coco) - PD 7A para 2.9

  • actions for libel or slander

  • actions in which title to any toll, fair, market or franchise in Q

PI (disease, physical/mental impairment, death) cases

• where C does not reasonably expect to recover >50k must commence in coco

  • value determined at date claim commenced by adding

    • general damages for PSLA

    • special damages for actual financial losses incurred to date

    • future losses

  • in making calculation

    • sums required to be paid for recoupment of benefits are part of the claim

    • claims for interest and costs are disregarded

    • no account is taken of a possible finding of control

    • if provisional damages are claimed, no account taken of possibility of future application for further damages

• most are <50k most commenced in coco

• rare for general damages alone to be >50k, but future losses often far exceed 50k

• if HC, C must endorse claim form w/ statement val >50k - PD 7A para 3.6

Money claims

• i.e. routine litigation of banks chasing debt

• non PI money claims in which coco have jurisdiction can only be commenced in HC if value of claim >25k

Trial allocation

• policy: reserve HC trial for cases which require HC judge

• courts may - on own initiative / on application of either party - transfer proceedings up to HC or down to coco

• if transferred ChD cases usually transferred Central London CoCo

• Main trial allocation rules - Jurisdiction Order 1991 art 7 repealed? ask Paul

  • equity and contentious probate 30k commenced in coco will also be tried in coco

  • prima facie rules (subject to court deciding otherwise in light of 4 statutory criteria)

    • claims <25k coco

    • claims 25k - 50k flexibly allocated between coco and HC

    • claims > 50k HC

    • if enactment requires, start in HC or coco - PD &A para 2.3

N.B. value determined on date transfer considered

• 4 statutory criteria

1) financial substance of claim, including value of any counterclaim and/or

2) whether claim is otherwise important and, in particular, whether it raises Qs of importance to non-parties / is of general public interest and/or

3) complexity; and

4) whether transfer likely to result in speedier trial (not sufficient on its own)

• proceedings including relief w/ no quantifiable value - injunctions etc - not subject to prima facie rule allocated by just applying statutory criteria

• whether real prospect of court making declaration of incompatibility = factor to be taken into account when considering whether to transfer to HC - r 30.3(2)(g)

Commencing in wrong court

• generally

  • transferred to correct courts

  • C must pay costs of application for transfer

  • C may have costs reduced by up to 25% (if successful)

• BUT if court satisfied C knew/ought to have known wrong court (i.e. tactical) discretion to order transfer / strike out

• striking out

  • inappropriate for bona fide mistakes

  • appropriate if deliberate to harrass D, increase costs, in defiance of warning from D re: proper venue

• court may order automatic transfer to D's home court

ALLOCATION OF BUSINESS BETWEEN HIGH COURT DIVISIONS

Broad effect of SCA s61 and sch 1

• QBD

  • all JR, admiralty, commercial

  • most common law remedies (debt, damages, recovery of goods), which includes most claims in contract and tort

• ChD

  • all case involving sale, exchange, partition of land; mortgages; trusts; estate admin; bankruptcy; taking of partnership accounts; rectification etc of deeds; probate; IP; company matters

  • can also deal w/ contract and tort claims not assigned to other divisions

• FamD - matrimonial and related matters

Transfer between...