Judges criticise sub-£1m claims brought in the Commercial Court

Although there is nothing in the rules to make this clear, Mr Justice Foxton in Gordiy v Dorofejeva & Anor criticised a claim worth "between £650,000 and £900,000" being brought in the Commercial Court.

The judge noted that the Commercial Court faces "formidable pressures on its time" and only claims that are appropriate, because of their subject matter and value, should be brought before it. He further noted that it is "as much the responsibility of the defendants, as it is of those commencing proceedings" to ensure proceedings are commenced or transferred to the appropriate court (or that the issue is raised promptly with the court).

Although there is no blanket ban on bringing a case below £1 million in the Commercial Court – a case which, for example, raises an issue whose importance extends beyond the particular case could be allowed – the decision for such a case to remain in the Commercial Court must be taken by a judge.

Following the earlier ruling in Bailey Ahmad v Bells Holdings, this was the second case in as many weeks making this point. Mr Justice Foxton said that, if a claim is commenced in the Commercial Court when it shouldn't have been, "then in the future those cases will be transferred out, however close to the hearing the case might be, once the proceedings come to the attention of a judge. Parties who are keen to avoid the delay which might follow from having to re-fix a hearing in the court to which the claim has been transferred will only have themselves to blame, by failing to raise the issue of transfer at an appropriately early stage".

It was suggested in one case that the claim could have been brought in the London Circuit Commercial Court (LCCC) instead, although it would have been better to start it in the Central London County Court (or any county court). However, the LCCC has now issued a practice note to say that, from now on, it intends to "firmly apply" the practice of transferring claims that are started there and have a value of less than £500,0000 to an appropriate county court (unless retention is justified because of the factors set out in the Civil Procedure Rules, rule 30.3(2).