Which Court Will Hear My Commercial Case?
Introduction
Commercial claims can be hear in the Commercial Court, the London Circuit Commercial Court, or the County Court. Which of these will hear a commercial claim will depend on the features of the case. One of the most important features is the amount in dispute.
New Financial Thresholds from July 2025
From 1 July 2025, new financial thresholds will come into effect, affecting where certain commercial claims are heard:
claims value at more than £7 million (excluding interests and costs) will generally be heard by the Commercial Court;
claims valued at between £7 million and £1 million (excluding interest and costs) will generally be transferred to the London Circuit Commercial Court (LCCC), unless there is a clear reason to retain them in the Commercial Court.
claims worth less than £1 million (again, excluding interest and costs) may be transferred from the LCCC to the County Court, unless there is a clear reason to retain them in the LCCC.
These thresholds aim to ensure that cases are heard in the most appropriate forum. No transfer between the courts will be made without giving the parties an opportunity to object and present arguments. However, the expectation is that more mid-range commercial claims will now be dealt with by the LCCC rather than the Commercial Court, which traditionally hears higher-value or more complex disputes.
Grounds for Retaining a Case
A case can remain in the higher court if there is a justified basis for doing so under CPR rule 30.3(2). The factors that may support retention include:
legal or factual complexity;
issues of public importance or wider commercial relevance;
the potential impact on non-parties, such as regulatory or industry-wide consequences;
the need for specialist judicial expertise;
geographical considerations, including the location of parties, witnesses, or documents; and
case history and the advantage of continued case management in the current court.
These criteria are applied on a case-by-case basis.
What This Means in Practice
These changes highlight the need to properly assess both the value and strategic features of a claim before it is issued. While many high-value or particularly complex disputes will still be suitable for the Commercial Court, a greater number of claims are likely to proceed in the LCCC.
Although parties will still be able to make representations, they will need to put forward clear and reasoned arguments if they wish to retain a case in the higher court. Factors such as complexity, public interest, or judicial expertise must be applied realistically and with reference to the specific circumstances of the case.
While some litigants may regret losing access to the Commercial Court - particularly for claims valued between £5 million and £7 million - others may benefit from faster resolution and more flexible case management in the LCCC. For certain disputes, the lower court may offer a more efficient and cost-effective forum without compromising on judicial quality, especially in cases of moderate complexity.
If you wish to bring, or defend, a commercial claim and need advice about which court may be the most appropriate, contact Hamshaw today.