Examination Timing: 00H00M42S
Jonathan Hale has recently suffered a personal injury due to a slip and fall accident at his workplace in Leeds, which was caused by an unaddressed spill that his employer neglected to clean up despite previous complaints. Jonathan intends to claim damages amounting to £120,000. His solicitor, Elisabeth Carter, is preparing to file the lawsuit.
Where should the proceedings be issued?
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The appropriate venues for filing a personal injury claim worth £120,000 are either the County Court or the High Court. According to the allocation rules for civil claims in England:
Claims for damages or a specified sum of £100,000 or less should generally start in the County Court, offering a flexible and accessible option. However, they can also be initiated in the High Court if the case involves complex legal or factual issues, or is of significant public interest, providing a platform for more comprehensive scrutiny.
For claims exceeding £50,000, particularly in cases of personal injury resulting from negligence, as in Jonathan's scenario, it is advisable to commence proceedings in the County Court unless the case warrants the oversight of a High Court judge due to its complexity or high value.
Given the amount involved and the possible complexities due to the workplace's prior negligence, Jonathan's solicitor might choose to file in the High Court. However, the claim can also be competently handled by the County Court.
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