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Transfer in United Kingdom

Shares and Membership of a Company: The transfer of shares

Transfers and fraud

Find under this subsection information about Transfers and fraud in relation to Shares and Membership of a Company: The transfer of shares.

Definition of Telegraphic Transfer (Bacs)

The transfer of funds via a bank by means of a telegraphic or electronic transfer .

Definition of Transfer

The document used to transfer ownership of land.

Transfer in relation to the Technology and Construction Court

Proceedings may be transferred from any Division of the High Court or from any specialist list to the Technology and Construction Court pursuant to Civil Procedure Rules 30.5. The order made by the transferring court should be expressed as being subject to the approval of a Technology and Construction Court judge. The decision whether to accept such a transfer must be made by a Technology and Construction Court judge: see Civil Procedure Rules 30.5 (3). Many of these applications are uncontested, and may conveniently be dealt with on paper. Transfers from the Technology and Construction Court to other Divisions of the High Court or other specialist lists are also governed by Civil Procedure Rules 30.5. In London there are sometimes transfers between the Chancery Division, the Commercial Court and the Technology and Construction Court, in order to ensure that cases are dealt with by the most appropriate judge. Outside London there are quite often transfers between the Technology and Construction Court and the mercantile and chancery lists. It should be noted that transfers from the Chancery Division may become subject to a requirement for permission from the Chancellor. A Technology and Construction Court claim may be transferred from the High Court to a County Court or a County Court hearing centre, and from any County Court or County Court hearing centre to the High Court, if the criteria stated in Civil Procedure Rules 30.3 are satisfied. In ordinary circumstances, proceedings will be transferred from the Technology and Construction Court in the High Court to the Technology and Construction Court in an appropriate County Court if the amount of the claim does not exceed £250,000. Where no Technology and Construction Court judge is available to deal with a Technology and Construction Court claim which has been issued in a district registry or one of the county courts noted above, the claim may be transferred to another district registry or county court or to the High Court Technology and Construction Court in London (depending upon which court is appropriate). On an application to transfer the case to the Technology and Construction Court from another court or Division of the High Court, there are a number of relevant considerations: (a) Is the claim broadly one of the types of claim identified in paragraph 2.1 of the Part 60 Practice Direction? (b) Is the financial value of the claim and/or its complexity such that, in accordance with the overriding objective, the case should be transferred into the Technology and Construction Court? (c) What effect would transfer have on the likely costs, the speed with which the matter can be resolved, and any other broader questions of convenience for the parties? On an application to transfer into the Technology and Construction Court, when considering the relative appropriateness of different courts or divisions, the judge will ascertain where and in what areas of judicial expertise and experience the bulk or preponderance of the issues may lie. If there was little significant difference between the appropriateness of the two venues, and the claimant, having started in one court or division, was anxious to remain there, then the application to transfer in by another party is likely to be unsuccessful. Where a Technology and Construction Court Claim is proceeding in a District Registry and it becomes apparent that the case would merit case management or trial before a High Court judge, the matter should be raised with the Technology and Construction Court judge at the District Registry who will consult the Judge in Charge: see paragraph 3.7.3 below. If the case does merit the involvement of a High Court judge it is not necessary for the case to be transferred to London but rather a High Court judge can in appropriate cases sit outside London to deal with the case in the District Registry.



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(2020, 10). Transfer lawi.org.uk Retrieved 06, 2021, from https://lawi.org.uk/transfer/

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"Transfer" lawi.org.uk. 10, 2020. Accesed 06 2021. https://lawi.org.uk/transfer/

Emily Rowling, 'Transfer' (lawi.org.uk 2020) <https://lawi.org.uk/transfer/> accesed 2021 June 22

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Schema Summary

  • Article Name: Transfer
  • Author: Emily Rowling
  • Description: Shares and Membership of a Company: The transfer of shares Transfers and fraud Find under this subsection information about [...]

This entry was last updated: October 2, 2020

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