County court vs High court

[Richie01]

Hi

Can someone please explain what the benefits (if any) of transferring a claim to the high courts, rather than using the county court?

The county court is useless with dealing with our claim.

thanks

[julesh]

I've never taken a claim to high court, but my understanding is that it will cost you more, take longer, and is a more difficult process. Plus, ISTR that if your claim is less than some threshold value (I can't remember... might be £20,000 or thereabouts) they'll just send it straight back to the county court.

Persevere with your county court claim. If you're having trouble with the court being disorganised, make a complaint to the court manager. That usually works.

I've used the county court system several times, and while they can sometimes be a bit disorganised, once they get everything in order the system does work.

[Antonia @limeone.com]

The High Court and County court at admin level share the same staff in most cases and the High Court will normally require you to have counsel to represent you at the hearings. Not because they have to, but because the rules are geared against businesses representing themselves.

Costs escalate even if the court will allow you to transfer the case up. You would have to make an application to transfer and the judge may refuse due to the nature or amount involved.

What is the problem with the case, the court of the other party?

[Richie01]

Thanks for the replies.
We had a warrant of execution issued, this was then set aside for the defendant, we have been asking the courts for a hearing for nearly 2 months, they have continually lost paperwork and the whole procedure has been a joke.
Every time we submit a form, we are paying more money and it just seems we are going round in circles, without achieving anything.

[Antonia @limeone.com]

On what basis was the warrant set aside? Normally if the warrant is set aside as part of a judgment set aside application then you do need to reissue the warrant. A call to the court manager will be more effective than moving it to another court in the first instance but if judgment is in place still and the amount is above hundreds transferring the case to the High Court just for enforcement can also be very effective.

[Richie01]

I will email you, thanks Antonia

[Cred-X]

I feel for you Richie,

I know exactly what you mean about the court system being stuck in mud at times. It can be very frustrating especially when they appear to take sides and make it even more difficult to obtain justice.

[Tungstone]

Hi

Can someone please explain what the benefits (if any) of transferring a claim to the high courts, rather than using the county court?

The county court is useless with dealing with our claim.

thanks

High Court wont hear cases below £15k
High Court more expensive
You need a Barrister to represent you ( Fees around £175.00 hour plus)
Mind you Solicitors charge around £190.00 anyway ........

More Procedures in High Court

[anthony15]

Avoid high court if you can, definately! My family has been through a very harrowing case where a professional architect ruined a business venture. We sued him successfully through the county court for negligence. Even in that court level in front of a circuit judge we needed solicitors & barristers to be present. It has taken 5 years so far. We won the case but at a cost in excess of £100,000 & as yet have not seen any financial gain. the other party challenged the courts descision too, & took it to the court of appeal. Believe me that is a complete nightmare!

Sooooo many costs & proffesionals needed to handle the procedures, not to mention the fact that everything is tried in front of two or possibly three very senior judges. Again we won, but again still no financial gain from it, he got us tied up in company law then bankrupted the company! We are now trying to get financial gain back through the official reciever but this could take another two years.

The moral of the story, be careful! Don't take it too far just from the point of view that you need to do whats right, make sure you WILL get paid if/when you win.

[Richie01]

Thanks for the replies.