PART 26E+WCASE MANAGEMENT—PRELIMINARY STAGE

[F1[F2Transfer of money claims within the County Court] E+W

26.2A.—(1) This rule applies where the claim is [F3for an amount of money in the County Court, specified or unspecified].

(2) If at any time F4... a [F5court] officer considers that the claim should be referred to a judge for directions, the [F5court] officer may [F6send] the proceedings to [F7the defendant’s home court or the preferred hearing centre or other County Court hearing centre] [F8as may be appropriate].

[F9(3) [F10Subject to paragraphs (5) and (5A)], if the defendant is an individual [F11and the claim is for a specified sum of money], at the relevant time the claim [F12must] be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim [F12must] be sent to the home court of the defendant who first files their defence).]

(4) [F13Subject to paragraphs (5) and (5A)], in any other claim to which this rule applies, the court [F14must], at the relevant time, [F15send] the claim to the [F16preferred hearing centre].

[F17(5) [F18Subject to paragraph (5A), if, on their directions questionnaire]—

(a)a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or

(b)a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,

the claim must be sent to that other hearing centre.]

[F19(5A) At the relevant time, the claim must be sent to the County Court at Central London if—

(a)the claim is started at the County Court Business Centre or the County Court Money Claims Centre;

(b)a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and

(c)either—

(i)in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or

(ii)in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,

is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.]

[F20(6) The relevant time for the purposes of this rule is when—

(a)all parties have filed their directions questionnaires;

(b)any stay ordered by the court or period to attempt settlement through mediation has expired; or

(c)if the claim falls within Practice Direction 7D—

(i)the defence is filed; or

(ii)enforcement of a default judgment other than by a warrant of [F21control] is requested,

whichever occurs first.]]

Textual Amendments