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Torts (Interference with Goods) Act 1977

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This is the original version (as it was originally enacted).

9Concurrent actions

(1)This section applies where goods are the subject of two or more claims for wrongful interference (whether or not the claims are founded on the same wrongful act, and whether or not any of the claims relates also to other goods).

(2)Where goods are the subject of two or more claims under section 6 this section shall apply as if any claim under section 6(3) were a claim for wrongful interference.

(3)If proceedings have been brought in a county court on one of those claims, county court rules may waive, or allow a court to waive, any limit (financial or territorial) on the jurisdiction of county courts in the County Courts Act 1959 or the County Courts Act (Northern Ireland) 1959 so as to allow another of those claims to be brought in the same county court.

(4)If proceedings are brought on one of the claims in the High Court, and proceedings on any other are brought in a county court, whether prior to the High Court proceedings or not, the High Court may, on the application of the defendant, after notice has been given to the claimant in the county court proceedings—

(a)order that the county court proceedings be transferred to the High Court, and

(b)order security for costs or impose such other terms as the court thinks fit.

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