header-logo header-logo

06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
printer mail-detail

Up & out

In what circumstances can a county court possession order of a dwelling be enforced in the High Court...

In what circumstances can a county court possession order of a dwelling be enforced in the High Court where there is also a money judgment for under £600 to be enforced?

If you start in the county court and obtain judgment in the county court the only way you can enforce in the High Court is by first applying on notice and obtaining an order for transfer under County Courts Act 1984, s 42(2). The simplified procedure of obtaining a certificate under CCR Ord 25 rule 13 is only available in trespass cases. The decision to transfer is a matter for the discretion of the judge and the small amount of the arrears may well be a strong indication that a transfer would be refused as disproportionate.

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

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll