header-logo header-logo

Up & out

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll