Torts (Interference with Goods) Act 1977

9 Concurrent actions. E+W+N.I.

(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[F1 in England and Wales in the county court or in Northern Ireland] in a county court on one of those claims, [F2 rules of court or ]county court rules may waive, or allow a court to waive, any limit (financial or territorial) on the jurisdiction of county courts in [F3 the County Courts Act 1984] or the County Courts [F4 (Northern Ireland) Order 1980] so as to allow another of those claims to be brought in the [F5 same] court.

(4) If proceedings are brought on one of the claims in the High Court, and proceedings on any other are brought [F1 in England and Wales in the county court or in Northern Ireland] 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.

Textual Amendments

F1 S. 9(3): words inserted after "brought" (semble, where it first occurs) and s. 9(4): words inserted after "brought" (semble where it second occurs) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 133(d); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 9(3) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 133(e)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 65

F4 Words substituted by S.I. 1980/397 (N.I. 3), art. 68(2), Sch. 1 Pt. II

F5 Word in s. 9(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 133(e)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)