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

 

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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