National Westminster Bank Plc v King

National Westminster Bank Plc v King

The High Court's power of transfer under section 40(2) of the County Courts Act 1984 is not limited to cases otherwise within the county court's jurisdiction; upon transfer, the county court acquires jurisdiction to hear and determine the proceedings regardless of the county court limit.

Parties
Claimant: National Westminster Bank Plc; Defendant: Patrick R King
Jurisdiction
England and Wales
Judgment Date
20 February 2008
Procedural Posture
Civil / Ruling on Jurisdiction and Transfer
Outcome
case transferred to Portsmouth County Court
Legal Topics
Transfer of Proceedings, County Court Jurisdiction, Charging Orders, Order for Sale
Civil Procedure Property Law Transfer of Proceedings County Court Jurisdiction Charging Orders Order for Sale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

National Westminster Bank Plc

Claimant

Patrick R King

Defendant

Procedural Posture

Civil / Ruling on Jurisdiction and Transfer

Legal Issues

  1. 1 Does the High Court have power under section 40(2) of the County Courts Act 1984 to transfer proceedings to a county court even if the proceedings fall outside the county court's jurisdiction?
  2. 2 Is the county court's jurisdiction to enforce charging orders limited by the county court limit when proceedings are transferred from the High Court?

Ratio Decidendi

The High Court's power of transfer under section 40(2) of the County Courts Act 1984 is not limited to cases otherwise within the county court's jurisdiction; upon transfer, the county court acquires jurisdiction to hear and determine the proceedings regardless of the county court limit.

Court Disposition

case transferred to Portsmouth County Court

Orders

  • The case is directed to be transferred to the Portsmouth County Court.
  • There will be no order as to costs for the directions hearing before District Judge Wilson or subsequent costs incurred in dealing with the issue of jurisdiction.