Section 40(1)

Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in the county court it shall– order the transfer of the proceedings to the county court ; or if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

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Source: legislation.gov.uk · retrieved 2026-08-15