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judge transferred case to wrong court

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  • judge transferred case to wrong court

    Hi me again!

    So I had a copyright claim against a company last year which was transferred into my local county court on the small claims track. The judge ruled he couldnt hear the case as he knew nothing about copyright. It took him several months but he transferred it to IPEC (intellectual property court) in London instead of IPEC small claims

    Now the problem is he didnt transfer it into the small claims part of IPEC , he wrongly transferred it into the main court and I am now facing costs of £10,000 against me instead of £120 maximum from small claims

    I have only just become aware of whats going on regarding the notice of transfer although it has been withIPEC for about 5 months now

    is it too late to challenge the county courts trasnfer to the wrong track?
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  • #2
    Re: judge transferred case to wrong court

    Copyright claims should be started in IPEC, and the forms need to be clearly marked "Small claims"

    You could try writing to he court currently dealing with the claim (multi track?) and request transfer back to small claims.
    However where cases are transferred from one track to another, the costs rules applicable to the originaltrack will apply up to the date of re-allocation and the costs rules on the new track will apply fromthe date of re-allocation onwards

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