Q&As

What is the procedure for applying to transfer proceedings from a regional County Court to the London High Court?

read titleRead full title

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Published on: 01 March 2018
imgtext

Transferring proceedings

Transfer of proceedings may be automatic, requested by a party or initiated by the court. CPR 30 and associated practice direction CPR PD 30 deal with the transfer of proceedings.

Note that CPR 30.2(4) does not relate to transfers from the County Court to the High Court (or vice versa). Jurisdiction to make such transfers is given by sections 41 or 42 of the County Courts Act 1984 (CCA 1984).

In particular, CCA 1984, s 41(1) states:

‘If at any stage in proceedings commenced in the county court or transferred to a county court under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High Court of the proceedings or, as the case may be, of that part of them.’

In addition, CCA 1984, s 42(2) states:

‘…the county court may order the transfer of any proceedings

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Electronic working and CE-File—how to use CE-File

Electronic working and CE-File—how to use CE-FileThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court

Discontinuance of a claim

Discontinuance of a claimAmendments to CPR 38With effect from 6 April 2023, CPR 38 is amended in a number of ways, including:•clarifying that the definition of ‘claim’ in CPR 38 includes ‘a cause of action or part of one’•amending the language of CPR 38.5(2) to refer to the end of ‘the claim’ rather

What is the procedure for applying to transfer proceedings from a regional County Court to the London

What is the procedure for applying to transfer proceedings from a regional County Court to the London High Court?Transferring proceedingsTransfer of proceedings may be automatic, requested by a party or initiated by the court. CPR 30 and associated practice direction CPR PD 30 deal with the transfer

Transferring civil proceedings

Transferring civil proceedingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.This