- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/12/2020)
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Version Superseded: 06/04/2023
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, PART 30.
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Scope of this Part | Rule 30.1 |
Transfer [F1within the County Court and] the High Court | Rule 30.2 |
Criteria for a transfer order | Rule 30.3 |
Procedure | Rule 30.4 |
Transfer between Divisions and to and from a specialist list | Rule 30.5 |
Power to specify place where hearings are to be held | Rule 30.6 |
Transfer of control of money in court | Rule 30.7 |
Certiorari or prohibition | Rule 30.8 |
Textual Amendments
F1Words in Pt. 30 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(a); S.I. 2014/954, art. 2(a)
30.1—[F2(1)] This Part deals with the transfer of proceedings [F3within the County Court], between the High Court and [F4the County Court] and within the High Court.
F5...
[F6(2) [F7Practice Direction 30 makes] provision about the transfer of proceedings between the court and a tribunal.]
Textual Amendments
F2Rule 30.1 renumbered as rule 30.1(1) (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 5(a)
F3Words in rule 30.1(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(b); S.I. 2014/954, art. 2(a)
F4Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F5Words in rule 30.1 omitted (19.3.2012) by virtue of The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 10
F6Rule 30.1(2) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 5(b)
F7Words in rule 30.1(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 15(a)
Commencement Information
30.2—(1) [F9In the County Court, a court may order that proceedings], or any part of them (such as a counterclaim or an application made in the proceedings), [F10may be] transferred to another [F11County Court hearing centre] if it is satisfied that—
(a)an order should be made having regard to the criteria in rule 30.3; or
(b)proceedings for
(i)the detailed assessment of costs; or
(ii)the enforcement of a judgment or order,
could be more conveniently or fairly taken [F12elsewhere].
F13(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An application for an order under paragraph (1) F14... must be made to the [F15County Court hearing centre] where the claim is proceeding.
(4) The High Court may, having regard to the criteria in rule 30.3, order proceedings in the Royal Courts of Justice or a district registry, or any part of such proceedings (such as a counterclaim or an application made in the proceedings), to be transferred—
(a)from the Royal Courts of Justice to a district registry; or
(b)from a district registry to the Royal Courts of Justice or to another district registry.
(5) A district registry may order proceedings before it for the detailed assessment of costs to be transferred to another district registry if it is satisfied that the proceedings could be more conveniently or fairly taken in that other district registry.
(6) An application for an order under paragraph (4) or (5) must, if the claim is proceeding in a district registry, be made to that registry.
(7) Where some enactment, other than these Rules, requires proceedings to be started [F16by sending, or making, the claim or application to a particular County Court hearing centre, paragraph (1) does not give the court power to order proceedings to be transferred elsewhere.]
(8) Probate proceedings may only be transferred under paragraph (4) to the Chancery Division at the Royal Courts of Justice or to one of the Chancery district registries.
Textual Amendments
F8Words in rule 30.2 heading substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(i); S.I. 2014/954, art. 2(a)
F9Words in rule 30.2(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(ii)(aa); S.I. 2014/954, art. 2(a)
F10Words in rule 30.2(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(ii)(bb); S.I. 2014/954, art. 2(a)
F11Words in rule 30.2(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(ii)(cc); S.I. 2014/954, art. 2(a)
F12Word in rule 30.2(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(ii)(dd); S.I. 2014/954, art. 2(a)
F13Rule 30.2(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(iii); S.I. 2014/954, art. 2(a)
F14Words in rule 30.2(3) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(iv)(aa); S.I. 2014/954, art. 2(a)
F15Words in rule 30.2(3) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(iv)(bb); S.I. 2014/954, art. 2(a)
F16Words in rule 30.2(7) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(c)(v); S.I. 2014/954, art. 2(a)
Commencement Information
30.3—(1) Paragraph (2) sets out the matters to which the court must have regard when considering whether to make an order under—
(a)s.40(2), 41(1) or 42(2) of the County Courts Act 1984(1) (transfer between the High Court and [F17the County Court] );
(b)rule 30.2(1) (transfer [F18within the County Court]); or
(c)rule 30.2(4) (transfer between the Royal Courts of Justice and the district registries).
(2) The matters to which the court must have regard include—
(a)the financial value of the claim and the amount in dispute, if different;
(b)whether it would be more convenient or fair for hearings (including the trial) to be held in some other court;
(c)the availability of a judge specialising in the type of claim in question [F19and in particular the availability of a specialist judge sitting in an appropriate regional specialist court];
(d)whether the facts, legal issues, remedies or procedures involved are simple or complex;
(e)the importance of the outcome of the claim to the public in general;
[F20(f)the facilities available to the court at which the claim is being dealt with, particularly in relation to—
(i)any disabilities of a party or potential witness;
(ii)any special measures needed for potential witnesses; or
(iii)security;]
[F21(g)whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise];
[F22(h)in the case of civil proceedings by or against the Crown, as defined in rule 66.1(2), the location of the relevant government department or officers of the Crown and, where appropriate, any relevant public interest that the matter should be tried in London.]
[F23(3) Where in proceedings [F24in the County Court] the court considers that there is a real possibility that a party would in the course of the proceedings be required to disclose material the disclosure of which would be damaging to the interests of national security, the court must transfer the proceedings to the High Court.]
Textual Amendments
F17Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F18Words in rule 30.3(1)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(d)(i); S.I. 2014/954, art. 2(a)
F19Words in rule 30.3(2)(c) inserted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(c), 6
F20Rule 30.3(2)(f) substituted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 3; S.I. 2010/2988, art. 2
F21Rule 30.3(2)(g) inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 13(b)
F22Rule 30.3(2)(h) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 34
F23Rule 30.3(3) inserted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rules 1, 5
F24Words in rule 30.3(3) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(d)(ii); S.I. 2014/954, art. 2(a)
Commencement Information
30.4—(1) Where the court orders proceedings to be transferred, [F25it will give notice of that] transfer to all the parties.
(2) An order made before the transfer of the proceedings shall not be affected by the order to transfer.
[F26(3) Where—
(a)proceedings for the enforcement of a judgment or order for possession of land are transferred by the County Court to the High Court; and
(b)the land which is the subject of the possession order is located within the area of a District Registry,
then, unless the court orders otherwise on or following transfer, the transfer shall be to that District Registry and all applications made in the High Court in relation to such transferred proceedings (including for any stay or suspension of any writ) shall be made in that District Registry.]
Textual Amendments
F25Words in rule 30.4 substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(e); S.I. 2014/954, art. 2(a)
F26Rule 30.4(3) inserted (20.9.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(3), 6 (as amended by S.I. 2020/889, rule 3(a))
Commencement Information
30.5—(1) The High Court may order proceedings in any Division of the High Court to be transferred to another Division.
[F27(2) A judge dealing with claims in a specialist list may order proceedings to be transferred to or from that list.]
(3) An application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list.
[F28(4) An order for transfer of proceedings between the Chancery Division and a Queen’s Bench Division specialist list may only be made with the consent of the Chancellor of the High Court.]
Textual Amendments
F27Rule 30.5(2) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 8
F28Rule 30.5(4) inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 4
Commencement Information
30.6 The court may specify the place (for instance, a particular [F29County Court hearing centre]) where the trial or some other hearing in any proceedings is to be held and may do so without ordering the proceedings to be transferred.
[F30(Practice Direction 54D F31... contains provisions about where hearings may be held in proceedings in the Administrative Court.)]
Textual Amendments
F29Words in rule 30.6 substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(f); S.I. 2014/954, art. 2(a)
F30Words in rule 30.6 inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 8
F31Words in rule 30.6 omitted (6.4.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 15(b)
Commencement Information
30.7 The court may order that control of any money held by it under rule 21.11 (control of money recovered by or on behalf of a child or [F32protected party]) be transferred to another court [F33or County Court hearing centre] if that court [F34or hearing centre] would be more convenient.
Textual Amendments
F32Words in rule 30.7 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 9
F33Words in rule 30.7 inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(g)(i); S.I. 2014/954, art. 2(a)
F34Words in rule 30.7 inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 15(g)(ii); S.I. 2014/954, art. 2(a)
Commencement Information
30.8—(1) This rule applies if, in any proceedings in the Queen’s Bench Division [F36(other than proceedings in the Commercial or Admiralty Courts)], a district registry of the High Court or [F17the County Court], a party’s statement of case raises an issue relating to the application [F37of Chapter I or II of Part I of the Competition Act 1998].
(2) Rules 30.2 and 30.3 do not apply.
(3) The court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.
[F38(4) If any such proceedings which have been commenced in the Queen’s Bench Division or a [F39Circuit Commercial Court] fall within the scope of rule 58.1(2), any party to those proceedings may apply for the transfer of the proceedings to the Commercial Court, in accordance with rule 58.4(2) and rule 30.5(3). If the application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.]]
Textual Amendments
F17Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F35Rule 30.8 substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 5
F36Words in rule 30.8(1) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 35(a)
F37Words in rule 30.8(1) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 9(2) (with reg. 21); 2020 c. 1, Sch. 5 para. 1(1)
F38Rule 30.8(4) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 35(b)
F39Words in rule 30.8(4) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 4
1984 c. 28. Section 40 was substituted by section 2(1) of the Courts and Legal Services Act 1990 (c. 41). Section 41 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 31 and by section 2(2) of the Courts and Legal Services Act 1990. Section 42 was substituted by section 2(3) of the Courts and Legal Services Act 1990.
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