PRACTICE DIRECTION 30 – TRANSFER THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 30

Contents of this Practice Direction
Title
VALUE OF A CASE AND TRANSFER
DATE OF TRANSFER
PROCEDURE ON TRANSFER
PROCEDURE FOR AN APPEAL AGAINST ORDER OF TRANSFER
APPLICATIONS TO SET ASIDE
TRANSFER ON THE CRITERION IN RULE 30.3(2)(g)
ENTERPRISE ACT 2002
Transfer from the High Court or the County Court to the Competition Appeal Tribunal under section 16(4) of the Enterprise Act 2002
Transfer from the Competition Appeal Tribunal to the High Court under section 16(5) of the Enterprise Act 2002

VALUE OF A CASE AND TRANSFER

1

In addition to the criteria set out in Rule 30.3(2) attention is drawn to the financial limits set out in the High Court and the County Court Jurisdiction Order 1991, as amended.

2

Attention is also drawn to paragraph 2 of the Practice Direction 29.

DATE OF TRANSFER

3

Where the court orders proceedings to be transferred, the order will take effect from the date it is made by the court.

PROCEDURE ON TRANSFER

4.1

Where an order for transfer has been made the transferring court will immediately send notice of the transfer to the receiving court. The notice will contain:

(1) the name of the case, and

(2) the number of the case.

4.2

At the same time as the transferring court notifies the receiving court it will also notify the parties of the transfer under rule 30.4(1).

PROCEDURE FOR AN APPEAL AGAINST ORDER OF TRANSFER

5.1

Where a District Judge orders proceedings to be transferred within the County Court , any appeal against that order should be made in the receiving court.

5.2

The receiving court may, if it is more convenient for the parties, remit the appeal to the transferring court to be dealt with there.

APPLICATIONS TO SET ASIDE

6.1

Where a party may apply to set aside an order for transfer (e.g. under rule 23.10) the application should be made to the court which made the order.

6.2

Such application should be made in accordance with Part 23 of the Rules and Practice Direction 23A.

TRANSFER ON THE CRITERION IN RULE 30.3(2)(g)

7

A transfer should only be made on the basis of the criterion in rule 30.3(2)(g) where there is a real prospect that a declaration of incompatibility will be made.

ENTERPRISE ACT 2002

8.1

In this paragraph –

(1) “the 1998 Act” means the Competition Act 1998;

(2) “the 2002 Act” means the Enterprise Act 2002; and

(3) “the CAT” means the Competition Appeal Tribunal.

8.2

Rules 30.1, 30.4 and 30.5 and paragraphs 3 and 6 apply.

Transfer from the High Court or the County Court to the Competition Appeal Tribunal under section 16(4) of the Enterprise Act 2002

8.3

The High Court or the County Court may pursuant to section 16(4) of the 2002 Act, on its own initiative or on application by the claimant or defendant, order the transfer of any part of the proceedings before it, which relates to a claim to which section 47A of the 1998 Act applies, to the CAT.

8.4

When deciding whether to make an order under paragraph 8.3 the court must consider all the circumstances of the case including the wishes of the parties.

8.5

Where the court orders a transfer under paragraph 8.3 it must immediately –

(1) send to the CAT –

(a) a notice of the transfer containing the name of the case; and

(b) all papers relating to the case; and

(2) notify the parties of the transfer.

8.6

Part 52 applies to an appeal against a transfer order made under paragraph 8.3.

Transfer from the Competition Appeal Tribunal to the High Court under section 16(5) of the Enterprise Act 2002

8.7

Where the CAT pursuant to section 16(5) of the 2002 Act directs transfer of a claim made in proceedings under section 47A of the 1998 Act to the High Court, the claim should be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

8.8

As soon as a claim has been transferred under paragraph 8.7, the High Court must –

(1) allocate a case number; and

(2) list the case for a case management hearing before a judge.

8.9

A party to a claim which has been transferred under paragraph 8.7 may apply to transfer it to the Commercial Court if it otherwise falls within the scope of rule 58.2(1), in accordance with the procedure set out in rules 58.4(2) and 30.5(3).

Transfer from the High Court to the Competition Appeal Tribunal under section 16(1) of the Enterprise Act 2002

8.10

The High Court may make an order under the Section 16 Enterprise Act 2002 Regulations 2015, on its own initiative or on application by the claimant or defendant, transferring any part of the proceedings before it, which relates to an infringement issue (as defined in section 16(6) of the 2002 Act), to the CAT.

8.11

When deciding whether to make an order under the Section 16 Enterprise Act 2002 Regulations 2015, the court must consider all the circumstances of the case including the wishes of the parties.

8.12

Where the court orders a transfer under the Section 16 Enterprise Act 2002 Regulations 2015, it must immediately–

(1)send to the CAT –

(a)a notice of the transfer containing the name of the case; and

(b)all papers relating to the case; and

(2)notify the parties of the transfer.

8.13

Part 52 applies to an appeal against a transfer order made under the Section 16 Enterprise Act 2002 Regulations 2015.

Transfer to or from THE INTELLECTUAL PROPERTY ENTERPRISE COURT (rule 63.18)

9.1

When deciding whether to order a transfer of proceedings to or from the Intellectual Property Enterprise Court the court will consider whether–

(1) a party can only afford to bring or defend the claim in the Intellectual Property Enterprise Court ; and

(2)the claim is appropriate to be determined by the Intellectual Property Enterprise Court having regard in particular to–

(a) the value of the claim (including the value of an injunction);

(b) the complexity of the issues; and

9.2

Where the court orders proceedings to be transferred to or from the Intellectual Property Enterprise Court it may–

(1)specify terms for such a transfer; and

(2) award reduced or no costs where it allows the claimant to withdraw the claim.

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