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County Courts Act 1984
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Changes over time for: Section 45
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County Courts Act 1984, Section 45 is up to date with all changes known to be in force on or before 27 November 2024. 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 6A inserted by 2007 c. 15 s. 107(1) (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 paras. 10(53), 48; S.I. 2014/954, art. 2(c))
- s. 60A inserted by 2007 c. 29 s. 191
- s. 60A(2) words substituted by 2013 c. 22 Sch. 9 para. 10(17) (Effect not applied as s. 60A has not been brought into force)
- s. 60A(3)(b) words substituted by S.I. 2022/1166 reg. 10(2)(a)(ii) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(aa) inserted by S.I. 2022/1166 reg. 10(2)(a)(i) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(bb) inserted by S.I. 2022/1166 reg. 10(2)(a)(iii) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(cc) inserted by S.I. 2022/1166 reg. 10(2)(a)(iv) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(7) words inserted by S.I. 2022/1166 reg. 10(2)(b) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(7) words substituted by S.I. 2010/844 Sch. 2 para. 2 (Effect not applied as s. 60A has not been brought into force)
- s. 112A 112B inserted by 1990 c. 41 s. 13(5)
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 [F1the county court] ; or
(b)from [F1the county court] to the High [F2Court,]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F4. . ., and the costs of the whole proceedings shall be taxed in that court.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. 45(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(11)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3S. 45(1)(c) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(11)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Words in s. 45(1) repealed (1.6.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1992/1221, art. 2,Sch.
F5S. 45(2) repealed (1.6.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1992/1221, art. 2,Sch.
Modifications etc. (not altering text)
C1S. 45 excluded by S.I. 1988/1328, rule 23
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