CPR 55.3.1 states ' The claim must be started in the county court for the district in which the land is situated'. If the claim is started in another court, in a different county, and not transferred to the local court, would this be enough to stop proceedings?
Would this be enough to kill a repossession action?
Collapse
Loading...
X
-
Re: Would this be enough to kill a repossession action?
what if you were to defend it solely on the basis of where it was situated, surely by filing to amend the court where the hearing would be held would be sufficient to allow the case to proceed?"Family means that no one gets forgotten or left behind"
(quote from David Ogden Stiers)
-
Re: Would this be enough to kill a repossession action?
Thing is, it states that it must be started in the local court. I agree, once started, it could be transferred, but the protocol says must. Transferring it to local court would not be starting it in local court...
I'm simply trying to understand if there is any significance in the word 'must'. Why have 'must', when 'should' will do?I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment