The County Court Rules 1981

PART IFROM ONE COUNTY COURT TO ANOTHER

General power of transfer

1.  If the judge or registrar of any court is satisfied that—

(a)any action or matter in that court could be more conveniently or fairly heard and determined in some other court, or

(b)any default action in that court could be more conveniently or fairly disposed of under Order 9, rule 3(3), in some other court, or

(c)any pre-trial review or interlocutory application in an action or matter in that court could be more conveniently or fairly conducted or heard in some other court, or

(d)any proceedings for the enforcement of a judgment or order in an action or matter in that court could be more conveniently or fairly taken in some other court, or

(e)any payments required to be made into court under a judgment or order in an action or matter in that court could be more conveniently made into some other court,

then, subject to rule 3 and without prejudice, as respects paragraph (d), to Order 25, rule 2, the judge or registrar may order the action or matter to be transferred to that other court.

Proceedings commenced in wrong court

2.  Where proceedings are commenced in the wrong court, the judge or registrar may, subject to rule 3,—

(a)transfer the proceedings to the court in which they ought to have been commenced, or

(b)order the proceedings to continue in the court in which they have been commenced, or

(c)order the proceedings to be struck out.

Saving for statutory provisions

3.  Where an action or matter is required by any Act or statutory instrument other than these rules to be commenced in a particular court, nothing in rule 1 or 2 shall authorise the making of an order for the transfer of the action or matter to, or its continuance in, another court.

Making and carrying out of order for transfer

4.—(1) Subject to paragraph (2), an order for the transfer of proceedings under rule 1 or 2 may be made by the judge or, as the case may be, the registrar of his own motion or on the application of any party on notice to all other parties.

(2) A defendant who does not reside or carry on business within the district of the court in which an action has been commenced may, after delivering a defence at the court office, apply ex parte in writing to that court for an order under rule 1(a), (b) or (c) transferring the action to the court for the district in which he resides or carries on business; and the judge or registrar of the first-mentioned court may, if he thinks fit, grant the application after considering any representations which he may give the plaintiff an opportunity of making.

(3) Where a transfer is ordered under any of the foregoing provisions the proper officer of the court in which the action or matter is pending shall give notice of the transfer to all parties and shall send to the proper officer of the other court a certified copy of all the relevant entries in the records of the first-mentioned court.

(4) If the transfer is ordered under rule 1(a), (b) or (c) or rule 2(a), or the proper officer of the other court so requests, the proper officer sending the certified copy mentioned in paragraph (3) shall also send all the documents in his custody relating to the action or matter.

(5) On receipt of the certified copy and any documents sent under paragraph (4) the proper officer of the court to which the action or matter has been transferred shall, if the transfer was ordered under rule 1(a), (b) or (c), fix a day for the pre-trial review or, as may be appropriate, the hearing or disposal of the action or matter and send notice thereof in the appropriate form to all the parties.

In this paragraph a day for the hearing of the action or matter means, in the case of an action or matter which is to be referred to the arbitration of the judge or registrar, the day on which the arbitration will be proceeded with.

(6) All subsequent proceedings shall be taken in the court to which the action or matter has been transferred except that, where the transfer was ordered under rule 1(d) or (e), any application or appeal under any of the provisions of Order 37 shall be made to the court in which the judgment or order was given or made.

Transfer of money in court

5.—(1) The judge or registrar of any county court may, at any time, on application or of his own motion, order any money held by that court under Order 10, rule 11(1), or section 174 of the Act to be transferred to another county court if he is of opinion that it may be more conveniently dealt with in that court.

(2) Where such an order is made, the proper officer of the court holding the money shall transfer it to the other court in accordance with the County Court Funds Rules and shall send to the proper officer of the other court a certified copy of the relevant entries in the records of the first-mentioned court and, if so requested by that officer, all the documents in his custody relating to the proceedings.