5.3. High Court or county court?

This is still a matter of choice for the parties except where a statute allocates proceed­ings exclusively to one or the other, as is the case with most landlord and tenant mat­ters, and claims under the Consumer Credit Act 1974, all of which are allocated to the county court only. If a claim is to be issued in the High Court the claim form must explain why it is being filed there and, to comply with the rules, must state:

(a) That the claimant expects to recover more than £15,000 (if he cannot state this, the case cannot be issued in the High Court).

(b) That some other enactment provides that the claim may be commenced only in the High Court, and name the enactment.

(c) If the claim is one for personal injury that the claimant expects to recover £50,000 or more (this being a quite independent limitation on the right to issue in the High Court in personal injury cases).

(d) That the claim needs to be in one of the specialist High Court lists stating which list (e.g., the Commercial Court; the Admiralty list, etc.).

5.3.1. Computation of values

Under CPR, r. 16.3(6), where a value has to be stated, the value should be given hon­estly, although, given how early in the case the statement has to be prepared, a good deal of latitude is likely to be allowed so long as the value was given in good faith in the state of knowledge at the time. In personal injury cases in particular, there may be uncertainty at an early stage about the extent of the claimant's injuries and how potential damages, especially a continuing loss of earnings claim, may be computed. The following matters must be disregarded:

(a) interest;

(b) costs;

(c) any potential finding of contributory negligence (this should be left out);

(d) any potential counterclaim or defence of set-off;

(e) any payments that the defendant may have to make in a personal injury case to the Compensation Recovery Unit out of the gross amount of damages due to the claimant.

5.3.2. Statement of truth

Under the CPR a claim form must be verified by a statement of truth. This is a state­ment in the following terms:

I believe that the facts stated in this (name of document) are true.

It is undoubtedly preferable that this should be signed by the party in person. It is, however, possible for the legal representative of the party to make a statement of truth, in which case the wording is:

The claimant/defendant believes that the facts stated in this (name of document) are true.

It is important to note that if a statement of truth is made by a legal representative, it must be signed by a named individual whose name is clearly shown in print next to the signature. It must not be signed simply in the name of the solicitor's firm.

In the case of a company or other corporation the statement of truth must be signed by one of the senior personnel listed in PD 22, giving his or her position in the organ­isation (chairman, director, treasurer, etc.). If the claimant is a partnership, any of the partners may sign.