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Up & out

06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
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In what circumstances can a county court possession order of a dwelling be enforced in the High Court...

In what circumstances can a county court possession order of a dwelling be enforced in the High Court where there is also a money judgment for under £600 to be enforced?

If you start in the county court and obtain judgment in the county court the only way you can enforce in the High Court is by first applying on notice and obtaining an order for transfer under County Courts Act 1984, s 42(2). The simplified procedure of obtaining a certificate under CCR Ord 25 rule 13 is only available in trespass cases. The decision to transfer is a matter for the discretion of the judge and the small amount of the arrears may well be a strong indication that a transfer would be refused as disproportionate.

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