header-logo header-logo

21 September 2011
Issue: 7482 / Categories: Case law , Judicial line , In Court
printer mail-detail

Low values, high transfers

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

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll