Criteria for a transfer orderE+W
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 a county court);
(b)rule 30.2(1) (transfer between county courts); 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;
(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;
(f)the facilities available at the court where the claim is being dealt with and whether they may be inadequate because of any disabilities of a party or potential witness[F1;]
[F2(g)whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise.]
Textual Amendments
F1Rule 30.3(2)(f): semicolon substituted for full stop (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 13(a)
F2Rule 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)
Commencement Information
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.