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Key Rules: CPR Part 30; PD 7, paragraph 2
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| 13.1 |
A key feature of the civil justice reforms is the introduction of a unified procedure for the High Court and for county courts. The procedure to be followed in both courts is therefore the same.
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| 13.2 |
Any county court has jurisdiction to hear a Chancery case, subject to two principal exceptions: (1) a probate claim in a county court must be brought in a county court where there is a Chancery District Registry: CPR part 57.2(3); (2) an intellectual property claim must be brought in any such county court or in the Patents County Court: CPR Part 63.13 and PD 63 paragraph 18.
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| 13.3 |
If a case of a Chancery nature is brought in any county court, the claim form should be marked "Chancery business" in the top left hand corner: CPR Part 7, PD 2.5.
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| 13.4 |
If a Chancery case is brought in a county court which does not coincide with a Chancery District Registry, consideration ought to be given at an early stage to whether it needs to have specialist case management or a specialist trial judge, because of the nature of the issues. If it needs either, then it may be necessary to transfer the case to a county court at a Chancery District Registry. If there are good reasons against such a transfer, for example because of the distance involved and the convenience of parties or witnesses, then it may be possible, with enough notice, to arrange that the trial is heard by a recorder with Chancery experience or even by a Chancery circuit judge. Guidance has been given to District Judges by the Chancery supervising judges as to the circumstances and types of case in respect of which either a transfer or a special arrangement for trial by a judge or recorder with specialist experience may be appropriate.
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Transfer to a county court
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| 13.5 |
Any Chancery case which does not require to be heard by a High Court judge, and falls within the jurisdiction of the county courts, may be transferred to a county court. Where a case has been so transferred, the papers must be marked "Chancery Business" so as to ensure, so far as possible, suitable listing.
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| 13.6 |
The jurisdiction of county courts is set out in the High Court and County Court Jurisdiction Order 1991 as amended, and in enactments amended by that Order.
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| 13.7 |
The jurisdiction of the High Court to transfer cases to a county court is contained in the County Courts Act 1984Acts, section 40, as substituted by the Courts and Legal Services Act 1990Acts, section 2(1). Under that section, the court has jurisdiction in certain circumstances to strike out actions which ought to have been begun in a county court.
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| 13.8 |
A claim with an estimated value of less than £50,000 will generally be transferred to a county court, if the county court has jurisdiction, unless it is either within a specialist list or is within the criteria in rule 30.3(2).
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| 13.9 |
If the case is one of a specifically Chancery nature a transfer from the High Court will ordinarily be to the Central London County Court (Chancery List) ("the CLCC") where cases are heard by specialist Chancery Circuit judges or recorders and a continuous Chancery List is maintained, unless the parties prefer a transfer to a local county court.
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| 13.10 |
Even where the estimated value of the claim is more than £50,000 transfer to the CLCC may still be ordered if the criteria in rule 30.3(2) point in that direction, in particular having regard to the criteria in rule 30.3(2)(d), namely the complexity of the facts, legal issues, remedies or procedures involved.
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| 13.11 |
If a claim is transferred to a county court at the allocation stage no other directions will usually be given and all case management will be left to the county court.
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| 13.12 |
The Chancery List at the CLCC is managed by the Business Chancery and Patents Section at 26 Park Crescent, London W1 4HT. The telephone number of the section manager is set out in Appendix 1. A guide to the Chancery List may be obtained from the section manager.
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| 13.13 |
As an alternative to starting the case in the Chancery Division and transferring to the CLCC a case (if appropriate to be started there) may be started at the CLCC and a request made there for it to be transferred to the Chancery List. The request will receive judicial consideration and a transfer will be made if appropriate.
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| 13.14 |
It should be noted that only in very limited circumstances may freezing orders or search orders be granted in the county court. If necessary, an application may be made in the High Court in aid of the county court proceedings if such an order is to be sought in a case where it cannot be granted in the county court.
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| 13.15 |
Practitioners should continue to take care that Chancery cases requiring chancery expertise are dealt with in a county court with a Chancery District Registry.
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Patents County Court
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| 13.16 |
See Chapter 23 below.
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