Chliaifchtein v Jessop

Chliaifchtein v Jessop

Given the low value of the claim, the experience of the Central London County Court judges, and the lack of sufficient complexity or public importance, the application to transfer the claim to the TCC is refused.

Parties
Claimant: Iouri Chliaifchtein; Defendant: Donald Jessop
Jurisdiction
England and Wales
Judgment Date
02 November 2015
Procedural Posture
Application to Transfer Proceedings / Ruling on Application to Transfer Case From Central London County Court to High Court TCC
Outcome
Application refused
Legal Topics
Transfer of Proceedings, Jurisdiction, Party Wall Act, Costs
Civil Procedure Construction Law Transfer of Proceedings Jurisdiction Party Wall Act Costs

Case Brief

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Parties

Iouri Chliaifchtein

Claimant

Donald Jessop

Defendant

Procedural Posture

Application to Transfer Proceedings / Ruling on Application to Transfer Case From Central London County Court to High Court TCC

Legal Issues

  1. 1 Whether the claim against Mr Jessop should be transferred from Central London County Court to the High Court TCC
  2. 2 Whether the legal issue of immunity of a third party wall surveyor justifies transfer

Ratio Decidendi

Given the low value of the claim, the experience of the Central London County Court judges, and the lack of sufficient complexity or public importance, the application to transfer the claim to the TCC is refused.

Court Disposition

Application refused

Orders

  • The application to transfer the claim against Mr Jessop to the TCC is refused.
  • The claimant is advised to take immediate steps to transfer the claim against Mr Redler out of the TCC and into the Central London County Court.