DKH Retail Ltd v Republic (Retail Ltd) [2012] EWHC 877 (Ch), [2012] All ER (D) 22 (Apr)
CPR 30.5, on its face, could only apply to transfers to the Patents County Court (PCC) if the matter was one to which s 1 of Pt 63 applied, namely patent cases, and the other specific kinds of cases listed in CPR 63.2. That was because it was only in respect of those matters that the claims in the PCC formed a specialist list. Thus, if the case was an intellectual property claim properly proceeding in the general Chancery Division, and not the Patents Court, it would be one to which CPR 30.5 did not apply.
Accordingly, there was no need to refer such a claim to a judge dealing with claims in the PCC. Moreover, a Chancery master would have their usual jurisdiction in such a case and could order such a claim to be transferred to the PCC. CPR 30.5 did not apply to the transfer of cases between the Patents Court and the PCC. Accordingly, applications to transfer cases between the Patents Court and the PCC might be made
