5.3 Where to Start, Issue and Service

High Court or County Court: allocation of business at issue

PD 7A paragraph 1 states the starting point: where both courts have jurisdiction, proceedings may be started in either. The value filters then bite. Paragraph 2.1: proceedings for damages or a specified sum may be started in the High Court only if the value is more than £100,000. Paragraph 2.2: a claim that includes personal injury damages may be started in the High Court only if the value is £50,000 or more (value is determined as in article 9 of the High Court and County Courts Jurisdiction Order 1991). Below those figures, issue in the County Court unless an enactment requires the High Court.

Paragraph 2.4 adds a qualitative test once the value gate is passed: start in the High Court if, because of financial value, complexity of facts, law, remedies or procedure, or public importance, the claimant believes a High Court judge should deal with the claim. Issuing a £120,000 straightforward debt in the King’s Bench Division simply to look impressive is a transfer risk and a costs risk. Paragraph 3.4 requires a High Court damages claim form to state that the claimant expects to recover more than £100,000 (or £50,000 or more in PI), or that an enactment requires the High Court, or that the claim is in a named specialist list.

County Court money claims. A Part 7 claim that is only for money, specified or unspecified, and is not subject to a special procedure, is sent on form N1 to the Civil National Business Centre in Northampton (PD 7A para 5.1). The claimant names a preferred hearing centre. Defamation and certain franchise/title claims generally cannot be started in the County Court unless the parties agree in writing (para 2.9).

Issuing is not the same as later track allocation. CPR 26.1(2) now recognises four tracks: small claims, fast track, intermediate track, and multi-track. The intermediate track is the normal track for many claims that are too heavy for the fast track but have monetary value not more than £100,000, a trial of not more than three days, and oral expert evidence likely limited to two experts per party (CPR 26.9(7)). The fast track’s normal monetary ceiling is £25,000 with a trial of no more than one day (CPR 26.9(5)–(6)). Those published figures matter for costs and case management after a defence; they do not authorise a £40,000 PI claim to be issued in the High Court.

Specialist courts and lists

Subject-matter can override a simple value calculation. The Business and Property Courts umbrella (PD 57AA) includes, among others:

• the Commercial Court (CPR 58) for complex business, banking, international trade and similar work;
• Circuit Commercial Courts (CPR 59);
• the Technology and Construction Court (CPR 60) for construction, engineering and many IT disputes;
• the Admiralty Court (CPR 61);
• arbitration claims (CPR 62);
• Chancery business (companies, insolvency, trusts, IP, property).

PD 7A paragraph 2.6 tells you to mark the claim form “Business and Property Courts” (High Court) or “Business and Property work” (County Court) where that work is involved. Some companies and trusts business is High Court-only. A TCC or Commercial Court claim that is issued in the wrong list will be transferred; a claim that truly needs specialist case management should be issued in that list from the outset.

Issuing the claim form and changing parties

Proceedings start when the court issues a claim form at the claimant’s request (CPR 7.2). Use form N1 for a Part 7 claim (PD 7A para 3.1). Particulars of claim must be in the claim form, served with it, or served within 14 days after service of the claim form, and in any event no later than the last day for serving the claim form (CPR 7.4).

CPR 19 governs parties. Any number of claimants or defendants may be joined (19.1). The court may add a party if it is desirable so that the court can resolve all matters in dispute, or substitute a party if the existing party’s interest or liability has passed to the new person (19.2). After service of a statement of case, adding, removing or substituting a party needs an application under 19.4. After expiry of a relevant limitation period, 19.6 allows addition or substitution only if limitation was current when the proceedings were started and the change is necessary: the new party is to be substituted for a party named by mistake; the claim cannot properly be carried on by or against the original party unless the new party is added or substituted; or the original party has died or been made bankrupt and the interest or liability has passed. In personal injury, the court may also add a party where it directs that s.11 or s.12 of the Limitation Act 1980 shall not apply to the new party, or that the issue of s.33 discretion shall be determined later.

Service within the jurisdiction

CPR 6.3 methods for a claim form: personal service; first-class post, DX or another next-business-day service; leaving the document at a place specified in rules 6.7–6.10; fax or other electronic communication in accordance with PD 6A; or a method authorised under 6.15. Companies and LLPs may also be served by Companies Act 2006 methods (typically the registered office).

If the defendant has not given an address and you are not serving personally or on a nominated solicitor, CPR 6.9 supplies the table: an individual’s usual or last known residence; a company’s principal office or a place of business in the jurisdiction with a real connection to the claim; and equivalent rules for LLPs, firms and overseas companies. If you have reason to believe a last-known address is stale, you must take reasonable steps to find a current address and, if you cannot, consider an application for alternative service (6.9(3)–(5)).

Time: CPR 7.5(1). For service within the jurisdiction, complete the step in the table (posting, leaving, completing personal service, sending the email) before midnight on the calendar day four months after issue. The trap is to confuse the step with deemed service. Posting on the last day is enough even though deemed service falls later.

Deemed service of a claim form: CPR 6.14. A claim form served in the United Kingdom in accordance with Part 6 is deemed served on the second business day after the 7.5(1) step. That single rule applies whatever method you used. CPR 6.26, with its 4.30pm cut-offs for email, fax, leaving and personal service of other documents, does not govern the claim form.

Deemed service of documents other than the claim form (6.26) — you will need this once particulars, defences and applications start flying:

Service by alternative method or place: CPR 6.15. If there is a good reason, the court may permit service by a method or at a place not otherwise allowed, and may order that steps already taken amount to good service (retrospective validation). Social-media message, email to an address the defendant actually uses, or service on a cohabiting partner are the usual illustrations; the court looks at whether the defendant is likely to have learned of the claim. CPR 6.16 (dispensing with service of the claim form) is exceptional.

Extension: CPR 7.6. Apply within the 7.5 period if you can. After expiry the court may extend only if the court failed to serve, or the claimant took all reasonable steps but could not complete the step, and the claimant acted promptly. That is a high bar; diary the four-month date.

Service outside the jurisdiction

CPR 7.5(2): if the claim form is to be served out of the jurisdiction, it must be served in accordance with Section IV of Part 6 within 6 months of issue.

Without permission. CPR 6.32 covers certain service in Scotland or Northern Ireland under the Civil Jurisdiction and Judgments Act 1982 (same-claim not pending elsewhere in the UK; domicile, or a Schedule 4 jurisdiction agreement, among other gates). CPR 6.33 covers service out of the United Kingdom without permission in specified cases, including where the court has power under the 2005 Hague Convention on Choice of Court Agreements and the defendant is party to an exclusive choice of court agreement conferring jurisdiction on the English court (Article 3), and where a contract contains a term that the English court shall have jurisdiction (6.33(2B)). Consumer and employment gateways under ss.15A–15E of the 1982 Act also appear in 6.33(2). CPR 6.34 requires a notice stating the grounds (commonly form N510) to be filed and served with the claim form; without it, serve only after filing the notice or with permission.

Response time after service in Scotland or Northern Ireland is 21 days for an acknowledgment of service or admission, and 21 or 35 days for a defence depending on whether an acknowledgment is filed (6.35(2)). For service under 6.33, PD 6B supplies the table of periods by country.

With permission: CPR 6.36–6.37. If 6.32/6.33 do not apply, the claimant needs permission. The application must identify a PD 6B paragraph 3.1 gateway (contract made in the jurisdiction, English governing law, breach committed here, tort gateway where damage was sustained here, necessary or proper party, and the rest of the list), state that the claim has a reasonable prospect of success, and give the defendant’s location. CPR 6.37(3) is mandatory: the court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim (forum conveniens). Permission orders specify the response periods from the PD 6B table.

Valid service abroad (CPR 6.40–6.46). Service must be by a method permitted by the law of the country where service is to be effected, or as permitted by a Civil Procedure Convention (including the Hague Service Convention), or through foreign governments/judicial authorities as the rules allow. Do not assume that first-class post from England is valid service in another state. Personal service is available only if the local law permits it. Translations and, for State service, diplomatic channels, have their own rules; do not invent periods the PD table has not given you.

Worked deemed-service example. Claim form issued 3 January. Claimant posts it first class to the defendant’s last-known residence on Monday 28 April (still inside four months: the deadline is midnight on 3 May). The 7.5 step is complete on 28 April. Deemed service under 6.14 is Wednesday 30 April (second business day). The defendant’s 14-day acknowledgment/defence clock runs from 30 April, not from 28 April and not from 3 January.