PART 30TRANSFER

Criteria for a transfer orderI130.3

1

Paragraph (2) sets out the matters to which the court must have regard when considering whether to make an order under—

a

s.40(2), 41(1) or 42(2) of the County Courts Act 198436 (transfer between the High Court and a county court);

b

rule 30.2(1) (transfer between county courts); or

c

rule 30.2(4) (transfer between the Royal Courts of Justice and the district registries).

2

The matters to which the court must have regard include—

a

the financial value of the claim and the amount in dispute, if different;

b

whether it would be more convenient or fair for hearings (including the trial) to be held in some other court;

c

the availability of a judge specialising in the type of claim in question;

d

whether the facts, legal issues, remedies or procedures involved are simple or complex;

e

the importance of the outcome of the claim to the public in general;

f

the facilities available at the court where the claim is being dealt with and whether they may be inadequate because of any disabilities of a party or potential witnessF2;

F1g

whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise.