Transffering your case to another court
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27 July 2009
The High Court has the power under the County Courts Act 1984,
s. 40(2), to transfer cases to the county court which it considers to be the
appropriate court regardless of whether the case is outside the monetary limits
of the county court. See the case of National Westminster Bank plc v King
[2008].
How to transfer:
An application for a transfer from a county court to another
court should be made to the holding court (receiving court) and reference made
to CPR, r. 30.5. The application should be made with notice to the
holding court. See the case of Collins v Drumgold [2008]. Note that a
court dealing with an application to transfer a claim from the county court will
consider the matters set out in CPR, r. 30.3(2) and during its consideration of
the application for a transfer the following will be considered:
(a) whether the dispute arose out of or was connected with a
claim of a type set out in PD 60, para. 2.1;
(b) the value of the claim and its complexity;
(c) the convenience of the parties; and
(d) any costs implications in proceeding in the High Court
rather than the county court (sometimes transferring to a specialist list will
save costs).
For more information regarding the transfer of proceedings
between courts, please contact our office on 02380 235979 and speak to our Riyaz
Jariwalla or a specialist Solicitors from our Litigiation Department.
Riyaz Jariwalla is a solicitor who specialises in
intellectual property law and commercial litigation.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-08-13 00:33:47 in Legal Articles
