Section 41 Transfer to High Court by order of High Court.C1

England and Wales

C2(1)

If at any stage in proceedings commenced in F1the county court or transferred to the county court under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.

(2)

The power conferred by subsection (1) is without prejudice to section 29 of the F2Senior Courts Act 1981(power of High Court to issue prerogative orders) F3....

F4(3)

The power conferred by subsection (1) shall be exercised subject to any provision made–

(a)

under section 1 of the Courts and Legal Services Act 1990; or

(b)

by or under any other enactment.

Annotations

Textual amendments

F1: Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3 and with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 41(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)
F3: Words in s. 41(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: S. 41(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(2); S.I. 1991/1364, art. 2, Sch.

Modifications

C1: S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)
C2: S. 41(1) restricted by S.I. 1991/724, art. 7(5)