F1PART 26CASE MANAGEMENT – PRELIMINARY STAGE

Annotations:
Amendments (Textual)

Automatic transfer in the High Court26.2

1

This rule applies to proceedings in the High Court where—

a

the claim is for a specified amount of money;

b

the claim was commenced in a court which is not the defendant’s home court;

c

the claim has not been transferred to another defendant’s home court; and

d

the defendant is an individual.

2

This rule does not apply where the claim was commenced in a specialist list.

3

Where this rule applies, the court shall transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.

(Rule 2.3 defines ‘defendant’s home court’.)

4

Where the claimant notifies the court under rule 15.10 F3... that they wish the proceedings to continue, the court shall transfer the proceedings to the defendant’s home court when it receives that notification from the claimant.

(Rule 15.10 deals with a claimant’s notice where the defence is that money claimed has been paid)

F2...

5

Where—

a

the claim is against two or more defendants with different home courts; and

b

the defendant whose defence is filed first is an individual,

proceedings are to be transferred under this rule to the home court of that defendant.

6

The time when a claim is automatically transferred under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

(Rule 7.10 makes provision for the Production Centre.)