Master gives guidance on transfer applications between QB and the County Court

Master Davison has given guidance on the approach to be taken to an application to the High Court to “transfer in” a County Court claim (section 41 County Court Act 1984) after an application to the County Court to transfer up to the High Court (section 42 County Court Act 1984) has already been refused by a District Judge (para 14.)  The Master did not treat the second application as an abuse of the process but dismissed it as a “mere replication of the application” which the District Judge had already refused, a decision the Master found to be “within her judicial discretion and which she was entitled to make” (para 14).  The Master notes the rarity of successful application to transfer in (para 16.)  He comments upon the need for comity between the QB Masters and the District Judges of the County Court at Central London, now co-located in the RCJ.  He also considers the meaning and effect of CPR Rule 30.3(3) and confirms that nothing in the Justice and Security Act 2013 effects the County Court’s jurisdiction to consider Public Interest Immunity (PII) Certificates.

The Claimants seek personal injury compensation for Q Fever, a zoonotic disease allegedly contracted during their military service in Afghanistan.  Adam Heppinstall represented the MOD.

A copy of the judgment is here.