Article 24 Procedure in proceedings beyond jurisdiction commenced in county court

Where in the course of any proceedings in a county court it appears to the judge that by reason of any statutory provision the proceedings are not within the jurisdiction of that court and ought to have been commenced in the High Court then—

(a)

on the application of any party, or of his own motion, the judge may so certify to the Master (Queen's Bench and Appeals); or

(b)

if the proceedings might have been heard by him by virtue of such an agreement as is referred to in Article 23(2), the judge may if the parties so consent hear and determine those proceedings; or

(c)

if on the application of the defendant it appears to the judge that any plaintiff knew or ought to have known that the proceedings were not within the jurisdiction of the court, he may order the proceedings to be struck out and may in his discretion make such an order as to costs as he might have made if the proceedings had been heard and determined in favour of the defendant.

Notes on Part III

Modifications

C1: Pt. III applied by 2003 c. 31, Sch. 2 para. 27(1)(2) (as inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(2), 88(1) (with s. 86(14)(15)); S.I. 2015/1428, reg. 2(a))