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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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CIVIL LITIGATION

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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.

 

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