Litigation Recent Decisions 23/01/96

Directions where action transferred from High Court

Tarry v Humberclyde Finance and KF Kirby (Harboro) (Third Party) and JI Case (Europe) (Fourth Party) (1996).

CA (Sir Thomas Bingham MR, Waite LJ and Otton LJ) 12/1/96.

Summary: Automatic directions in the county court do not apply to an action which was commenced in the High Court before 1/10/90 and then transferred to the county court.

Appeal by the defendant and third and fourth parties with leave against the decision of Judge Bray in Northampton County Court that the automatic directions regime established under CCR O.17 r.11 did not apply to the present action because it had been commenced in the High Court before 1/10/90 and consequently the action was never automatically struck out.