Court of Chancery of Lancaster Act 1952
| Jurisdiction | UK Non-devolved |
| Citation | 1952 c. 49 |
| Year | 1952 |
Court of Chancery of Lancaster Act, 1952
(15 & 16 Geo. 6 & 1 Eliz. 2) CHAPTER 49
An Act to permit the transfer of proceedings from the High Court of Justice to the Court of Chancery of the County Palatine of Lancaster.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Transfer of causes, &c., from High Court to Lancaster Palatine Court.
1. Any cause or matter pending in the High Court (except an appeal, whether by way of case stated or otherwise) may at any time and at any stage, upon the application of any of the parties thereto be transferred from the High Court to the Court of Chancery of the County Palatine of Lancaster by an order either of the High Court or of a Judge thereof if the cause or matter is for the time being assigned to the Chancery Division, or if the cause or matter is for the time being assigned to the Queen's Bench Division but any of the parties thereto is seeking to enforce or maintain any equitable right or to obtain any equitable relief or remedy.
2 Consequential provisions.
2. Where an order is made in pursuance of the foregoing section for any such transfer the proper officer of the High Court shall on production of the order transmit the documents filed in the proceedings to the Court of Chancery of the County Palatine of Lancaster, and, subject to the rules of court of the Court of Chancery of the County Palatine of Lancaster, the cause or matter shall thereafter be proceeded with according to the practice of the Court of Chancery of the County Palatine of Lancaster as if the cause or matter had been commenced in that Court, and as if any party to the cause or matter who is bound by the order but not otherwise subject to the jurisdiction of that Court had submitted to its jurisdiction.
3 Costs.
3. In the case of any such transfer the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the Court or Judge ordering the transfer, be in the discretion of the Court of Chancery of the County Palatine of Lancaster and that Court shall have power to make orders with respect thereto and the costs of the whole proceedings shall be taxed in that Court.
4 ...
To continue reading
Request your trial