Part II Jurisdiction and Transfer of Proceedings
Transfer of proceedings
F142 Transfer to High Court by order of F3the county court .
1
Where F3the county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall–
a
order the transfer of the proceedings to the High Court; or
b
if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
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Subject to any such provision, F3the county court may order the transfer of any proceedings before it to the High Court.
3
An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.
4
The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
5
Where proceedings for the enforcement of any judgment or order of F3the county court are transferred under this section–
a
the judgment or order may be enforced as if it were a judgment or order of the High Court; and
b
subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.
6
Where proceedings for the enforcement of any judgment or order of F3the county court are transferred under this section—
a
the powers of any court to set aside, correct, vary or quash a judgment or order of F3the county court , and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
b
the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.
7
The provisions referred to in subsection (1) are any made–
a
under section 1 of the Courts and Legal Services Act 1990; or
b
by or under any other enactment.
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