See also Practice Direction
30
Part
30
TRANSFER
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Scope of this Part
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30.1 |
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This Part deals with the transfer of proceedings
between county courts, between the High Court and the county courts and within
the High Court.
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The practice direction may make provision about the
transfer of proceedings between the court and a tribunal.
(Rule 26.2 provides for automatic transfer in certain
cases)
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| Para (1) inserted at beginning of Rule 30.1, and new (2) added w/e from 6 October 2003. |
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Transfer between county courts and within the High
Court
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30.2 |
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A county court may order proceedings before that court,
or any part of them (such as a counterclaim or an application made in the
proceedings), to be transferred to another county court if it is satisfied that
–
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an order should be made having regard to the
criteria in rule 30.3; or
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proceedings for –
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the detailed assessment of costs; or
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the enforcement of a judgment or
order,
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could be more conveniently or fairly taken in that
other county court.
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If proceedings have been started in the wrong county
court, a judge of the county court may order that the proceedings
–
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be transferred to the county court in which they
ought to have been started;
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continue in the county court in which they have
been started; or
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An application for an order under paragraph (1) or (2)
must be made to the county court where the claim is proceeding.
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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 –
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from the Royal Courts of Justice to a district
registry; or
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from a district registry to the Royal Courts of
Justice or to another district registry.
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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.
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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.
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Where some enactment, other than these Rules, requires
proceedings to be started in a particular county court, neither paragraphs (1)
nor (2) give the court power to order proceedings to be transferred to a county
court which is not the court in which they should have been started or to order
them to continue in the wrong court.
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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.
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Criteria for a transfer order
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30.3 |
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Paragraph (2) sets out the matters to which the court
must have regard when considering whether to make an order under –
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section 40(2), 41(1) or 42(2) of the County
Courts Act 19841
(transfer between the High Court and a county
court);
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rule 30.2(4) (transfer between the Royal Courts
of Justice and the district registries).
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The matters to which the court must have regard include
–
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the financial value of the claim and the amount
in dispute, if different;
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whether it would be more convenient or fair for
hearings (including the trial) to be held in some other court;
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the availability of a judge specialising in the
type of claim in question;
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whether the facts, legal issues, remedies or
procedures involved are simple or complex;
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the importance of the outcome of the claim to the
public in general;
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the facilities available at the court where the
claim is being dealt with and whether they may be inadequate because of any
disabilities of a party or potential witness;
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whether the making of a
declaration of incompatibility under section 4 of the Human Rights Act 1998 has
arisen or may arise;
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in the case of civil
proceedings by or against the Crown, as defined in rule 66.1(2), the location
of the relevant government department or officers of the Crown and, where
appropriate, any relevant public interest that the matter should be tried in
London.
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| New Rule 30.3(2)(h) added w/e from 1 October 2005. |
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Procedure
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30.4 |
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Where the court orders proceedings to be transferred,
the court from which they are to be transferred must give notice of the
transfer to all the parties.
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An order made before the transfer of the proceedings
shall not be affected by the order to transfer.
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Transfer between Divisions and to and from a specialist
list
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30.5 |
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The High Court may order proceedings in any Division of
the High Court to be transferred to another Division.
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A
judge dealing with claims in a specialist list may order proceedings to be
transferred to or from that list.
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| | (3)
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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.
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| This Rule is referred to in: Part 58 (58.4), (58.4), Part 59 (59.3), (59.3), Part 61 (61.2), Part 62 (62.3), Part 63 (63.4), PDP 30 (8.2), (8.9), PDP 54 (14.1), PDP 60 (5.2), Competition Law PD (2.2), (2.3), Comm Ct Guide - Pt B (B12.1). |
| Rule 30.5(2) substituted by
new para w/e from 6 April 2006. |
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Power to specify place where hearings are to be
held
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30.6 |
The court may specify the place (for instance, a
particular county court) 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.
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Transfer of control of money in court
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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 if that court would be more convenient.
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| Text substituted in Rule 30.7
w/e from 1 October 2007. |
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Transfer of competition law claims
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30.8 |
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This rule applies if, in any proceedings in the Queen's
Bench Division, (other than
proceedings in the Commercial or Admiralty Courts) a
district registry of the High Court or a county court, a party's statement of
case raises an issue relating to the application of –
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Article 81 or Article 82 of the Treaty
establishing the European Community; or
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Chapter I or II of Part I of the Competition Act
19982.
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| | (3)
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The court must transfer the
proceedings to the Chancery Division of the High Court at the Royal Courts of
Justice.
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| | (4)
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If any such proceedings which have
been commenced in the Queen's Bench Division or a Mercantile 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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New Rule 30.8 inserted w/e from 1 May 2004,
New Rule 30.8(4) added w/e from 1 October 2005,
New text inserted in Rule 20.8 w/e from 1 October 2005,
New wording substituted in Rule 30.8 w/e from 1 June 2004. |
