DMBM665120 - Enforcement action: CCP: general: how to select the right ‘preferred’ court
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General principles
You should use the County Court Business Centre (CCBC) for all suitable cases unless specifically excluded by the CCBC rules of membership or the limitations of the IDMS/CCBC interface (DMBM665050).
Remember that not all debts on IDMS are supported by the interface and that it is not possible to start proceedings through the Business Centre for cases that include debts not currently on IDMS.
County Court Business Centre cases
The Business Centre is a separate County Court unit and all actions commenced through the Business Centre are issued in the name of Northampton County Court and fall under the jurisdiction of the judges of that court.
Cases entered clerically
With effect from 19 March 2012, all claims are now issued at the County Court Business Centre in the name of Northampton County Court (CCBC).
(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Selecting the right ‘preferred’ court
Although proceedings are started in the Northampton County Court (CCBC), the case will need to be transferred to a ‘local’ court for hearings to take place. When starting proceedings, claimants have to specify the court where they would prefer such hearings to take place, the ‘preferred’ court, on the claim form (form N1).
There is no guarantee of transfer to the preferred court because the CCBC will take into account the nature of the case and the circumstances of the defendant. For example, where the claim is made against more than one defendant, the court will transfer the case to the ‘home’ court of the defendant whose defence is filed first.
You should select the preferred court in accordance with the following table:
Type of debtor |
Preferred county court |
Individuals |
The county court in whose district the defendant resides or carries on business. |
Partnerships |
The county court in whose district the first named defendant resides. |
Joint debtors |
The county court in whose district the first named defendant resides. |
Limited Companies |
The county court for the district in which your office is situated. |
Unincorporated Associations |
The county court in whose district the first named representative of the association resides. |
Transfer of hearings to home court
When a hearing becomes necessary, courts will transfer cases to the defendant's 'home' court, that is the court for the address as shown on any defence. This will usually be where the defendant resides or carries on business. However, limited company cases will be transferred to the claimant’s ‘home’ court.
No hearings relating to Business Centre or CCBC claims are heard in the Northampton (CCBC) County Court. This is the situation even when the defendant’s ‘home’ court is Northampton. In such circumstances the case will be transferred from the Northampton (CCBC) County Court to the conventional Northampton County Court.