ABSTRACT

This chapter explains the steps to be taken to launch proceedings in the relevant court and explains the initial procedures involved. Although there is a choice of where to start proceedings, the courts have the power to transfer a case begun in the High Court to the county court, and vice versa. Even if it is likely that a case will eventually be judged in the county court, it can be advantageous to begin proceedings in the High Court. Any party to proceedings may seek additional details of the other side's pleadings. The rules of court generally allow a party to make at any stage amendments to the writ or pleadings. After the parties have served their pleadings, the next stage is for the court to give directions setting a timetable for the preparation of the case for trial. In some cases, there will be a Pre-Trial Review, which is similar to a Summons for Directions.