SHOULD PROCEEDINGS BE STRUCK OUT WHEN THE CLAIMANTS HAD ISSUED IN THE WRONG COURT, USING THE WRONG METHOD? THE DENTON PRINCIPLES CONSIDERED
This is a judgment that bristles with procedural issues. The claimants had issued in the wrong court, using the wrong procedure. The defendant made applications which (initially) were in the wrong form. The judge had to consider whether the actions…
CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION
There is clear power in the rules to allow the court to transfer actions issued using Part 8 to Part 7. However there is no express rule allowing transfer the other way. The issue was considered in this case. There…
TRANSFER FROM COUNTY COURT TO HIGH COURT: YOU CAN ASK FOR THIS ONLY ONCE: A DISCRETION TO BE EXERCISED “WITH GREAT CIRCUMSPECTION”
In Bass v Ministry of Defence [2018] EWHC 1297 (QB) Master Davison held it was an abuse of process for a party to make an application to transfer to the High Court when a similar application had been made, and refused,…
You must be logged in to post a comment.