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Low values, high transfers

21 September 2011
Issue: 7482 / Categories: Case law , Judicial line , In Court
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Some county courts are following a policy of automatically transferring low value road traffic damages claims...

Some county courts are following a policy of automatically transferring low value road traffic damages claims to the claimant’s local court, irrespective of whether there is to be a determination at a hearing or on the papers and irrespective of where the claimant’s solicitors practice. This can be particularly inconvenient where, for example the claimant wishes to send a legal representative to the hearing and his solicitors bulk issue in their local court. Was automatic transfer out intended?  

Bulk issue in a particular court does not imply bulk determination of the claims by that court, which may very well not have the necessary judicial resources. Where a claim requiring judicial attention is issued in a court with which the parties have no connection, it will generally be transferred to a court more convenient for them to attend.

The location of the claimant’s solicitors is not a relevant consideration. A transfer may be thought unnecessary if there is to be a paper determination but even then regard may

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