Until the recent rule changes, the Crown was entitled in High Court matters to insist that venue was the Royal Courts of Justice in London (RCJ) (RSC O77, rule 2). This rule has now been revoked. A new rule 30.3(2)(h) provides that in cases involving civil proceedings by or against the Crown, when considering whether to order a transfer of those proceedings, the court must have regard to, ‘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.’
The Practice Direction to Part 66, at paragraph 2, provides that the Attorney-General will publish a note concerning the organisation of the Government Legal Service and matters relevant to the venue of Crown Proceedings, for the assistance of practitioners and judges. When considering questions of venue under rule 30.3(2), the court should have regard to the Attorney-General's note in addition to all the other circumstances of the case.
This note sets out the further factors to be taken into consideration where there is a dispute as to venue between a claimant and a government department. Where there is such a dispute, it should be dealt with at a case management conference.
|