Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

High Court of England and Wales competition claims: venue (Chancery or Commercial), limitation (Arcadia v Visa), pre‑action, jurisdiction, service (CMA), case management, disclosure and privilege, expert evidence, trial

Published by a LexisNexis Competition expert

Practice notes

Choice of venue—Chancery Division or Commercial Court?

The High Court is empowered to determine both follow-on competition proceedings and stand‑alone claims. Pursuant to the Civil Procedure Rules Practice Direction on Competition Law (the ‘PD Competition Law’), proceedings are ordinarily allocated to the Competition List within the Chancery Division of the High Court, as a default position, unless they fall within CPR rule 58.1, in which case they are directed to the Commercial Court of the Queen’s Bench Division. Matters issued in the Chancery Division may draw on judges who have also accumulated specialist competition expertise through their parallel sittings in the Competition Appeal Tribunal, by virtue of their dual appointments. By contrast, the Commercial Court is often preferred by claimants for its business‑orientated ethos and, in particular, its familiarity with effectively managing multi‑jurisdictional claims and disputes. There are, in addition, material procedural distinctions between the Chancery Division and the Commercial Court that parties must observe and comply with. These are presented side‑by‑side in the tables below. Note—where suitable, the High Court may transfer cases to the Competition Appeal Tribunal, whether on the application of a party or of its own motion...

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Web page updated on 27/05/2026

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