PRACTICE DIRECTION 30
TRANSFER
See also Civil Procedure Rules
THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 30
VALUE OF A CASE AND TRANSFER
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.
2 Attention is also drawn to paragraph 2 of the Practice Direction on Part 29 (the multi-track). DATE OF TRANSFER
3 Where the court orders proceedings to be transferred, the order will take effect from the date it is made by the court. PROCEDURE ON TRANSFER
4.1 Where an order for transfer has been made the transferring court will immediately send notice of the transfer to the receiving court. The notice will contain:
- the name of the case, and
- the number of the case.
4.2 At the same time as the transferring court notifies the receiving court it will also notify the parties of the transfer under rule 30.4(1). PROCEDURE FOR AN APPEAL AGAINST ORDER OF TRANSFER
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.
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. APPLICATIONS TO SET ASIDE
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.
6.2 Such application should be made in accordance with Part 23 of the Rules and the practice direction which supplements it. TRANSFER ON THE CRITERION IN RULE 30.3(2)(G)
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.