Collins & Ors v Drumgold & Ors [2008] EWHC 584 (TCC) (12 March 2008)

The case should be transferred to the TCC in London due to its complexity, high value, and suitability for specialist adjudication. The correct procedure was followed, and convenience and costs do not outweigh the benefits of transfer.

Citation: [2008] EWHC 584 (TCC)
Parties: Claimants: Brynley Collins and Others; Defendants: Raymond J Drumgold and Others; Second Defendant's Advocate: Miss L McCafferty
Jurisdiction: England and Wales
Judgment Date: 12 March 2008
Procedural Posture: Application for Transfer / Pre Trial, Post Pleadings, Before Witness Statements and Expert Reports
Outcome: Application granted; case transferred to TCC in London.
Legal Topics: Transfer of Proceedings, Case Management, Complexity Assessment, Costs Implications

Civil Procedure Construction Law Professional Negligence Transfer of Proceedings Case Management Complexity Assessment Costs Implications

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Brynley Collins and Others

Claimants

Raymond J Drumgold and Others

Defendants

Miss L McCafferty

Second Defendant's Advocate

Procedural Posture

Application for Transfer / Pre Trial, Post Pleadings, Before Witness Statements and Expert Reports

Legal Issues

1 Whether the case should be transferred from Cambridge County Court to the Technology and Construction Court in London
2 Appropriate procedure for transfer applications
3 Criteria for transfer to specialist courts

Ratio Decidendi

Court Disposition

Application granted; case transferred to TCC in London.

Orders

Case transferred from Cambridge County Court to Technology and Construction Court, London.
Assigned to Senior Circuit Judge at TCC.