County Courts Act 1984

42 Transfer to High Court by order of county court. E+W

(1) At any stage in any proceedings to which this section applies, the county court may, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to the High court if—

(a) the court considers that some important question of law or fact is likely to arise; or

(b) the court considers that one or other of the parties is likely to be entitled in respect of a claim or counterclaim to an amount exceeding the amount recoverable in the county court; or

(c) any counterclaim or set-off and counterclaim of a defendant involves matters beyond the jurisdiction of the county court.

(2) Where—

(a) the county court has ordered that the proceedings on a counterclaim or set-off and counterclaim be transferred to the High court, but the proceedings on the plaintiff’s claim and the defence other than any set-off are heard and determined in the county court; and

(b) judgment on the claim is given for the plaintiff,

execution of the judgment shall, unless the High Court at any time otherwise orders, be stayed until the proceedings transferred to the High court have been concluded.

(3) This section applies to all proceedings commenced in a county court which the High Court would have jurisdiction to hear and determine if they were commenced in it, other than [F1 proceedings which are family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.]

(4) This section applies to all proceedings transferred to a county court under section 40.

Textual Amendments

F1 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 31