In England and Wales court business is allocated by statute, by order and by certain rules between the High Court and county courts and between the divisions of the High Court. The courts in England and Wales have retained a general right to transfer proceedings between themselves in order to rectify the situation where proceedings have been commenced in the wrong court or to ensure that proceedings are dealt with in the most suitable forum [note 1].
The High Court has the jurisdiction to transfer to a county court [note 2] any proceedings which it is satisfied ought to have commenced in a county court by virtue of any enactment. The High Court can also transfer to the High Court any case commenced in or previously transferred to a county court [note 3]. The county court may also transfer proceedings before it to the High Court if it is satisfied that those proceedings ought to be heard in the High Court [note 4]. All of these powers may be exercised by the relevant courts either of their own motion or on the application of a party to the proceedings.
A county court may order proceedings before that court, or any part of them, to be transferred to another county court if it is satisfied that an order should be made with regards to:
The High Court may order proceedings in any Division of the High Court be transferred to another Division [note 6].
Any order made before the transfer of the proceedings is not affected by the order to transfer [note 9].