Part 30 TRANSFER
See also Practice Direction 30
| Title | Number |
|---|---|
| Scope of this Part | Rule 30.1 |
| Transfer within the County Court and the High Court | Rule 30.2 |
| Criteria for a transfer order | Rule 30.3 |
| Procedure | Rule 30.4 |
| Transfer between Divisions and to and from a specialist list | Rule 30.5 |
| Power to specify place where hearings are to be held | Rule 30.6 |
| Transfer of control of money in court | Rule 30.7 |
| Transfer of competition law claims | Rule 30.8 |
Scope of this Part
30.1
(1) This Part deals with the transfer of proceedings within the County Court , between the High Court and the the County Court and within the High Court.
Transfer within the County Court and the High Court
30.2
(1) In the County Court, a court may order that proceedings , or any part of them (such as a counterclaim or an application made in the proceedings), may be transferred to another County Court hearing centre if it is satisfied that –
(a) an order should be made having regard to the criteria in rule 30.3; or
(b) proceedings for –
(i) the detailed assessment of costs; or
(ii) the enforcement of a judgment or order,
could be more conveniently or fairly taken elsewhere .
(2) Omitted.
(3) An application for an order under paragraph (1) must be made to the County Court hearing centre where the claim is proceeding.
(4) The High Court may, having regard to the criteria in rule 30.3, order proceedings in the Royal Courts of Justice or a district registry, or any part of such proceedings (such as a counterclaim or an application made in the proceedings), to be transferred –
(a) from the Royal Courts of Justice to a district registry; or
(b) from a district registry to the Royal Courts of Justice or to another district registry.
(5) A district registry may order proceedings before it for the detailed assessment of costs to be transferred to another district registry if it is satisfied that the proceedings could be more conveniently or fairly taken in that other district registry.
(6) An application for an order under paragraph (4) or (5) must, if the claim is proceeding in a district registry, be made to that registry.
(7) Where some enactment, other than these Rules, requires proceedings to be started by sending, or making, the claim or application to a particular County Court hearing centre, paragraph (1) does not give the court power to order proceedings to be transferred elsewhere.
(8) Probate proceedings may only be transferred under paragraph (4) to the Chancery Division at the Royal Courts of Justice or to one of the Chancery district registries.
Criteria for a transfer order
30.3
(1) Paragraph (2) sets out the matters to which the court must have regard when considering whether to make an order under –
(a) section 40(2), 41(1) or 42(2) of the County Courts Act 19841 (transfer between the High Court and a county court);
(b) rule 30.2(1) (transfer within the County Court ); or
(c) rule 30.2(4) (transfer between the Royal Courts of Justice and the district registries).
(2) The matters to which the court must have regard include –
(a) the financial value of the claim and the amount in dispute, if different;
(b) whether it would be more convenient or fair for hearings (including the trial) to be held in some other court;
(c) the availability of a judge specialising in the type of claim in question and in particular the availability of a specialist judge sitting in an appropriate regional specialist court;
(d) whether the facts, legal issues, remedies or procedures involved are simple or complex;
(e) the importance of the outcome of the claim to the public in general;
(f) the facilities available at the court where the claim is being dealt with, particularly in relation to–
(i)any disabilities of a party or potential witness;
(ii)any special measures needed for potential witnesses; or
(iii)security;
(g) whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise;
(3) Where in proceedings in the County Court the court considers that there is a real possibility that a party would in the course of the proceedings be required to disclose material the disclosure of which would be damaging to the interests of national security, the court must transfer the proceedings to the High Court.
Procedure
30.4
(1) Where the court orders proceedings to be transferred, it will give notice of that the transfer to all the parties.
(2) An order made before the transfer of the proceedings shall not be affected by the order to transfer.
(3) Where—
(a) proceedings for the enforcement of a judgment or order for possession of land are transferred by the County Court to the High Court; and
(b) the land which is the subject of the possession order is located within the area of a District Registry, then, unless the court orders otherwise on or following transfer, the transfer shall be to that District Registry and all applications made in the High Court in relation to such transferred proceedings (including for any stay or suspension of any writ) shall be made in that District Registry.
Transfer between Divisions and to and from a specialist list
30.5
(1) The High Court may order proceedings in any Division of the High Court to be transferred to another Division.
(2) A judge dealing with claims in a specialist list may order proceedings to be transferred to or from that list.
(3) An application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list.
(4) An order for transfer of proceedings between the Chancery Division and a King's Bench Division specialist list may only be made with the consent of the Chancellor of the High Court.
Power to specify place where hearings are to be held
30.6
The court may specify the place (for instance, a particular County Court hearing centre ) where the trial or some other hearing in any proceedings is to be held and may do so without ordering the proceedings to be transferred.
(Practice Direction 54D (Administrative Court (Venue))
contains provisions about where hearings may be held in
proceedings in the Administrative Court.)
Transfer of control of money in court
30.7
The court may order that control of any money held by it under rule 21.11 (control of money recovered by or on behalf of a child or protected party) be transferred to another court or County Court hearing centre if that court or hearing centre would be more convenient.
Transfer of competition law claims
30.8
(1) This rule applies if, in any proceedings in the King's Bench Division, (other than proceedings in the Commercial or Admiralty Courts) a district registry of the High Court or the County Court , a party's statement of case raises an issue relating to the application of Chapter I or II of Part I of the Competition Act 1998(10).
(2) Rules 30.2 and 30.3 do not apply.
(3) The court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.
(4) If any such proceedings which have been commenced in the King's Bench Division or a Circuit Commercial Court fall within the scope of rule 58.1(2), any party to those proceedings may apply for the transfer of the proceedings to the Commercial Court, in accordance with rule 58.4(2) and rule 30.5(3). If the application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.
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