County Courts Act 1984, Section 41 is up to date with all changes known to be in force on or before 05 March 2025. 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.
(1)If at any stage in proceedings commenced in [F1the county court] or transferred to [F1the county court] under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.
(2)The power conferred by subsection (1) is without prejudice to section 29 of the [F2Senior Courts Act 1981](power of High Court to issue prerogative orders) F3....
[F4(3)The power conferred by subsection (1) shall be exercised subject to any provision made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.]
Textual Amendments
F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 41(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)
F3Words in s. 41(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4S. 41(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(2); S.I. 1991/1364, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)
C2S. 41(1) restricted by S.I. 1991/724, art. 7(5)
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