Starting proceedings & jurisdiction
Choosing the right court and validly serving the claim form are the gateway to litigation. SQE1 tests the allocation between the County Court and High Court, the difference between Part 7 and Part 8 claims, and the rules on service.
What "Starting proceedings & jurisdiction" covers
- Most money claims may start in the County Court; a claim must generally be started in the High Court only if its value exceeds £100,000 (or £50,000 for personal injury).
- The High Court comprises the King's Bench Division, the Chancery Division and the Business and Property Courts, chosen according to the subject matter.
- A Part 7 claim is the standard route for disputes of fact; a Part 8 claim is used where there is no substantial dispute of fact, such as a point of construction.
- Proceedings start when the court issues the claim form; the claimant must then serve it within four months where service is within the jurisdiction (six months outside) (CPR 7.5).
- Permitted methods of service include personal service, first-class post, leaving at a specified place, and, by agreement, fax or email (CPR 6).
- Service is treated as effected on the deemed date under CPR 6.14 (the second business day after the relevant step), which matters for calculating response deadlines.
- A company may be served at its registered office (s.1139 CA 2006) or in accordance with the CPR service provisions.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For starting proceedings & jurisdiction, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Missing the strict four-month window to serve the claim form within the jurisdiction — an extension must usually be sought before it expires.
- Confusing the date of issue (which stops limitation) with the deemed date of service (which starts response deadlines).
- Using Part 8 for a claim that involves a substantial dispute of fact, when Part 7 is required.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on starting proceedings & jurisdiction.
FAQ
Is starting proceedings & jurisdiction tested on SQE1?
Yes — starting proceedings & jurisdiction is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is starting proceedings & jurisdiction examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR Part 7, CPR Part 8) helps.