The Civil Procedure Rules 1998

Transfer of proceedings for enforcement E+W

Rule 2—(1) Where, with a view to enforcing a judgment or order obtained by him in a county court, a judgment creditor desires to apply for—

(a) the oral examination of the debtor;

(b) a charging order under section 1 of the Charging Orders Act 1979(1);

(c) an attachment of earnings order; or

(d) the issue of a judgment summons,

and the application is required by any provision of these rules to be made to another county court, the judgment creditor shall make a request in writing to the court officer of the court in which the judgment or order was obtained for the transfer of the proceedings to the other court.

(2) On receipt of a request under paragraph (1), the court officer shall make an order transferring the proceedings to the other court and shall—

(a) make an entry of the transfer in the records in his court; and

(b) send to the court to which the proceedings have been transferred a certificate of the judgment or order stating the purpose for which it has been issued, and, if requested by that officer, all the documents in his custody relating to the proceedings.

(3) When the proceedings have been transferred to the other court—

(a) that court shall give notice of the transfer to the judgment creditor and the debtor;

(b) any payment which, by or under these rules or the Court Funds Rules 1987(2), is authorised or required to be made into court shall be made into that court; and

(c) subject to sub-paragraph (d), any subsequent steps in the proceedings shall be taken in that court, but

(d) any application or appeal under Order 37 shall be made to the court in which the judgment or order was obtained.

(4) If the judgment creditor desires to make a subsequent application for any of the remedies mentioned in paragraph (1)(a) to (d) and the application is required to be made to another court, he may make a request under paragraph (1) to the court to which the proceedings have been transferred and paragraphs (2) and (3) shall apply with the necessary modifications.

(1)

1979 c. 53; section 1 was amended by the Administration of Justice Act 1982 (c. 53) sections 34(3), 37, schedule 3, Part II, paragraphs 2, 3, 6; and by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V.

(2)

S.I. 1987/821, as amended by S.I. 1988/817, 1990/518, 1991/227 and 1997/177.