Judgments under £600 cannot be transferred to the High Court

If the original judgment is under £600, you can apply to have the transfer of the judgment to the High Court stayed because it is in breach of regulations

The law says a judgment must be not less than £600 to be transferred up the High Court for enforcement

Here is how to apply to stay the execution of the writ of control. Always give the following regulations in your legal argument.


The Law:

Article 8 of the High Court and County Courts Jurisdiction Order 1991 states:

Enforcement

(1) A judgment or order of a county court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

(a)shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more and the proceedings in which the judgment or order was obtained did not arise out of an agreement regulated by the Consumer Credit Act 1974(1);

(b)shall be enforced only in a county court where the sum which it is sought to enforce is less than £2,000;

(c)in any other case may be enforced in either the High Court or a county court.

(2) Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words "Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,".

Paragraph 8 of the High Court and County Courts Jurisdiction (Amendment) Order 1999 states:

8. In sub-paragraph (1)(b) of article 8, for "£1,000", substitute "£600".