My claim allocated to a court 250 mi away. How to reallocate it closer to where I am?

[zetetic]

My small claims track claim allocated to a court 250 mi away. How to reallocate it to a county court closer to where I am? What are the rules when both claimants are private persons but do not live in one area?

[Amethyst]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Has it actually been allocated to that court ? ( ie after you have submitted your Directions Questionnaires ? ) or is it still at Northampton Business Centre ?

Normally it goes to the Defendant's court but depends on the circumstances / reasons given for wanting allocation at a specific court. In your case both are litigants in person and individuals rather than companies ? Has it been allocated to the Claimant or the Defendant's local court ?

[zetetic]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Has it actually been allocated to that court ?

Yes, it is now in Middle Nowhereshire county court (all names changed), not CCBC.

Normally it goes to the Defendant's court but depends on the circumstances / reasons given for wanting allocation at a specific court. In your case both are litigants in person and individuals rather than companies ? Has it been allocated to the Claimant or the Defendant's local court ?

It has been allocated to a defendant's court. And the defendant is a bedroom car dealer who sold me a lemon.

How do I apply for reallocation?

[Kati]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

So you are the claimant?? [MENTION=6]Amethyst[/MENTION] xx

[zetetic]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Yes, I am.

[Kati]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Did you specify a 'preferred court' in your initial claim?
section 26.2A - https://www.justice.gov.uk/courts/pr...l/rules/part26

26.2A
(1) This rule applies where the claim is for an amount of money in the County Court, specified or unspecified.

(2) If at any time before the service of a notice by the court under rule 26.3(1A) a court officer considers that the claim should be referred to a judge for directions, the court officer may send the proceedings to the defendant’s home court or the preferred hearing centre or other County Court hearing centre as may be appropriate.

(3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).

(4) Subject to paragraphs (5) and (5A), in any other claim to which this rule applies, the court must, at the relevant time, send the claim to the preferred hearing centre.

(5) Subject to paragraph (5A), if, on their directions questionnaire—

(a) a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or

(b) a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,

the claim must be sent to that other hearing centre.

(5A) At the relevant time, the claim must be sent to the County Court at Central London if—
(a) the claim is started at the County Court Business Centre or the County Court Money Claims Centre;
(b) a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and
(c) either—
(i) in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or
(ii) in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,
is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.

(6) The relevant time for the purposes of this rule is when –
(a) all parties have filed their directions questionnaires;
(b) any stay ordered by the court or period to attempt settlement through mediation has expired; or
(c) if the claim falls within Practice Direction 7D –
(i) the defence is filed; or
(ii) enforcement of a default judgment other than by a warrant of control is requested,
whichever occurs first.

[zetetic]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Yes, I specified the preferred court next to my place but closer to defendant. I assume defendant said his home court and the claim has been allocated there. How do I reverse it?

[ostell]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

Yes, I specified the preferred court next to my place but closer to defendant. I assume defendant said his home court and the claim has been allocated there. How do I reverse it?

I don't quite understand. Is the court you selected also close to the defendant? Has he played silly buggers and specified a court that makes life difficult for you hoping you will drop it.?

In your application to move the allocation point out that the defendant is a business (don't matter if he's running it from home).

[zetetic]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

I don't quite understand. Is the court you selected also close to the defendant?

No, but it's closest to him in my area.

In your application to move the allocation point out that the defendant is a business (don't matter if he's running it from home).

Thank you. But where exactly the Procedure Rules say if it is individual vs business it has to be transferred to the court of individual's preference?

[ostell]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

So have you got evidence that he is running a business from his home. Lots of adverts with his name on perhaps.

[Amethyst]

Re: My claim allocated to a court 250 mi away. How to reallocate it closer to where I

It's under MoneyClaims ( PD 7E -

• PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE )

12.2 Where the defendant is not an individual, and one of the events mentioned in paragraph 12.1 arises, the claim will be sent to the County Court hearing centre which serves the claimant’s address for service which is stated on the claim form.


Few other useful bits in there too.