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VALUE OF A CASE AND TRANSFER
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| 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 County
Courts Jurisdiction Order 1991, as amended. |
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| 2 |
Attention is also drawn to paragraph 2 of the Practice
Direction on Part 29 (the multi-track). |
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PROCEDURE FOR AN APPEAL AGAINST ORDER OF TRANSFER
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| 5.1 |
Where a district judge orders proceedings to be
transferred and both the transferring and receiving courts are county courts,
any appeal against that order should be made in the receiving court. |
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| Paragraph 5.1 substituted for previous version with effect from 12 Feb 01. |
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. |
| Paragraph 5.2 substituted for previous version, and paragraphs 5.3 and 5.4 deleted, with effect from 12 Feb 01. |
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APPLICATIONS TO SET ASIDE
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| 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. |
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| 6.2 |
Such application should be made in accordance with Part
23 of the Rules and the practice direction which supplements it. |
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TRANSFER ON THE CRITERION IN RULE 30.3(2)(g)
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| 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. |
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Transfer from the High Court or a county court to the
Competition Appeal Tribunal under section 16(4) of the Enterprise Act
2002
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| 8.3 |
The High Court or a 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. |
| Paras 8.3 inserted w/e from 6 October 2003. |
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| 8.4 |
When considering whether to make an order under
paragraph 8.3 the court shall take into account whether – |
| | (1)
| there is a similar claim under section 47A of the
1998 Act based on the same infringement currently before the CAT; |
|
| | (2)
| the CAT has previously made a decision on a
similar claim under section 47A of the 1998 Act based on the same infringement;
or |
|
| | (3)
| the CAT has developed considerable expertise by
previously dealing with a significant number of cases arising from the same or
similar infringements. |
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| Paras 8.4 inserted w/e from 6 October 2003. |
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| 8.5 |
Where the court orders a transfer under paragraph 8.3
it will 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 |
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|
| | (2)
| notify the parties of the transfer. |
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| Paras 8.5 inserted w/e from 6 October 2003. |
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| 8.6 |
An appeal against a transfer order made under paragraph
8.3 must be brought in the court which made the transfer order. |
| Paras 8.6 inserted w/e from 6 October 2003. |
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Transfer from the Competition Appeal Tribunal to the High Court
under section 16(5) of the Enterprise Act 2002
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| 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. |
| Paras 8.7 inserted w/e from 6 October 2003. |
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| 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. |
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| Para 8.8 inserted w/e from 6 October 2003. |
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). |
| Para 8 of PD30 amended w/e from 1 October 2005. |