header-logo header-logo

29 February 2008
Issue: 7310 / Categories: Case law , Law digest
printer mail-detail

CIVIL LITIGATION

National Westminster Bank Plc v King [2008] EWHC 280 (Ch), [2008] All ER (D) 292 (Feb)

A charging order securing a sum of over £39,000 was made. An application was made to the High Court for an order that the property be sold. A chancery master transferred the matter to the county court (despite the fact that the county court limit is fixed at £30,000).

The issue to be determined was whether or not the High Court has the power, under the County Courts Act 1984, s 40(2) to transfer proceedings to the county court even if those proceedings would otherwise fall outside the jurisdiction of the county court.

HELD It is in keeping with the modern policy of assigning cases to the appropriate tier in the court system that the High Court should have an unlimited power of transfer. This power is not limited to cases which would otherwise be within a county court’s jurisdiction.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll