Part II E+W Jurisdiction and Transfer of Proceedings

Admiralty proceedingsE+W

29 Costs of certain Admiralty proceedings commenced in High Court which could have been commenced in county court.E+W

(1)Subject to subsection (4), subsections (2) and (3) have effect in relation to any action in the High Court in which there is made—

(a)a claim arising out of an agreement relating to the use or hire of a ship;

(b)a claim for salvage services;

(c)a claim relating to the carriage of goods in a ship; or

(d)a claim in tort in respect of goods carried in a ship,

unless it is certified by the court that there was sufficient reason for bringing the proceedings in the High Court.

(2)If the plaintiff recovers less than £5,000, he shall not be entitled to recover any more costs of the action than those to which he would have been entitled if the action had been brought in the county court.

(3)If the plaintiff recovers less than £350, he shall not be entitled to recover any costs of the action.

(4)Subsections (2)

and (3)

shall not affect any question as to costs in any case where it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in proceedings commenced in a county court.

(5)For the purposes of subsections (2)

and (3), a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in the county court.