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.