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FL Memo Ltd © 2009

Company Law Memo Newsletter Issue 2 (March 2009)

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LEGISLATION

Changes to the court in which certain civil claims must be commenced

See CLM ¶7164+

SI 2008/3327; SI 2009/577

Civil proceedings issued on or after the 6 April 2009 must be commenced in the county court if the claim is worth under £25,000 (previously £15,000), unless it is a claim for damages in respect of personal injuries (in which case the figure will still be £50,000).  If the claim is worth more than £25,000, the claimant may choose to commence proceedings in the High Court.

On the basis of the allocation questionnaire filed at court and the type of case, a claim issued on or after 6 April 2009 will normally be allocated to the fast track”, if it does not fall within the small claims track, but is worth up to £25,000.  For proceedings issued before 6 April 2009, this will be the case for claims worth up to £15,000.

The “small claims track” is generally used for financial claims worth up to £5,000 (or personal injury claims worth up to £1,000).  The “multi-track” is for all other claims, and therefore more complicated and valuable claims follow this track.


Changes to insolvency fees from 6 April 2009

See CLM ¶7639, ¶7640, ¶7659, ¶8242

SI 2009/482; SI 2009/487; SI 2009/645

The deposit for winding up petitions will increase from £690 to £715 as of 6 April 2009.  This applies to petitions presented on or after this date.  The remuneration of the official receiver when acting as liquidator will also be increased.  The extent of the increase varies depending on his capacity, for example whether he is supervising a special manager, or acting as interim receiver or (provisional) liquidator, and whether he is performing his functions in London or elsewhere.  Various other fees relating to the authorisation of insolvency practitioners and the Insolvency Services account will be increased at the same time. 

For the cost-cutting changes to the insolvency advertising regime applicable from 6 April, see News


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