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County Courts Act 1984
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Changes over time for: Section 45
Version Superseded: 01/06/1992
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/06/1992- Amendment
- 22/04/2014- Amendment
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45 Costs in transferred cases. E+W
(1)Where an action, counterclaim or matter is ordered to be transferred—
(a)from the High Court to a county court; or
(b)from a county court to the High Court; or
(c)from one county court to another county court,
the costs of the whole proceedings both before and after the transfer shall, subject to any order of the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred; and that court shall have power to make orders with respect to the costs [F1and as to the scales on which the costs of the several parts of the proceedings are to be taxed], and the costs of the whole proceedings shall be taxed in that court.
[F2(2)The costs of so much of the proceedings in any action transferred from the High Court to a county court as takes place in the High Court before the transfer shall be subject to section 19, and the powers of the High Court under section 19(3) to make an order allowing costs on the High Court scale or on any county court scale shall, subject to any order of the High Court, be exercisable by the county court.]
Textual Amendments
F1Words repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
F2S. 45(2) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
Modifications etc. (not altering text)
C1S. 45 excluded by S.I. 1988/1328, rule 23
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