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Status:
Point in time view as at 01/02/1991. This version of this provision has been superseded.
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County Courts Act 1984, Section 19 is up to date with all changes known to be in force on or before 28 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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19 Limitation of recoverable costs of actions of contract or tort commenced in High Court which could have been commenced in county court.E+W
(1)Subject to subsections (2) to (4) and section 29, where an action founded on contract or tort is commenced in the High Court which could have been commenced in the county court the costs (if any) of the proceedings in the High Court to which the plaintiff is entitled shall be determined in accordance with section 20.
(2)Neither this section nor section 20 affects any question as to costs if 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 an action commenced in the county court.
(3)The High Court, if satisfied—
(a)that there was sufficient reason for bringing the action in the High Court; or
(b)that the defendant or one of the defendants objected to the transfer of the action to a county court;
may make an order allowing the costs or any part of the costs on the High Court scale or on such one of the county court scales as it may direct.
(4)Neither this section nor section 20 applies in the case of proceedings by the Crown.
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