Starting Proceedings

Introduction

Once a dispute cannot be resolved by negotiation or alternative dispute resolution, the parties must **resort to legal proceedings** to resolve it. This chapter focuses on **commencing proceedings** in the civil courts of England and Wales. It explains the **allocation of business** between the **County Court** and the **High Court**, the **three divisions** of the High Court and the **Business and Property Courts**, the **contents of the claim form** and how proceedings are **issued**, and the rules on **service** of the claim form — including **deemed service**, **service within and outside the EU** after Brexit, and the four-month time limit under **CPR r 7.5** together with the strict grounds for **extending time** for service.

Assessment focus

For the SQE1 FLK1 Dispute Resolution assessment, you must be able to advise a client on **how to start a civil claim**: which court to issue in, what the claim form must contain, and how and when the claim form must be **served**. Questions are single best answer questions (SBAQs) set in **realistic client scenarios** — you will be expected to **apply** the value threshold (**£100,000** under PD 7A, para 2.1), the **methods of service** under CPR r 6.3, the rules on **deemed service** of the claim form (CPR r 6.14) and the four-month service deadline under **CPR r 7.5**, including the narrow discretion to extend time under r 7.6. This is a closed-book assessment, so the key rule numbers, time limits and the leading authority **Vinos v Marks & Spencer plc** must be recalled from memory.

Study tips

1) Memorise the **£100,000 threshold**: a claim under £100,000 **must** be started in the County Court; only claims over £100,000 may be started in the High Court (PD 7A, para 2.1). 2) Learn the **three High Court divisions** — **King's Bench (KBD)** for contract/tort, **Chancery** for trusts, probate, partnership and land, and **Family**. 3) Know the **claim form contents** under Practice Direction 16 and r 16.2 / r 16.3, and that particulars of claim may follow within **14 days** of service of the claim form. 4) Master the **five methods of service** under CPR r 6.3 and the **deemed service** rules: claim form deemed served on the **second business day** after the relevant step (r 6.14). 5) Remember the **four-month** service deadline (CPR r 7.5) and the **strict** r 7.6 grounds for an extension — **Vinos v Marks & Spencer plc [2001] 3 All ER 784** shows the court will not extend where neither ground applies.