Courts Act, 1991
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Remittal or transfer of certain actions. |
15.—(1) When any action is pending in the Circuit Court which might, apart from section 4 (c) of this Act, have been commenced in the District Court, any party to the action may, at any time before the commencement of the trial thereof, apply to the Circuit Court that the action be remitted or transferred to the District Court, and, if the court considers that the action is fit to be prosecuted in the Circuit Court, it may retain such action therein, and, if it does not consider the action fit to be prosecuted in the Circuit Court, it may remit or transfer the action to the District Court to be prosecuted before the judge assigned to such district court district as may appear to the Circuit Court suitable and convenient upon such terms and subject to such conditions as to costs or otherwise as may appear to it to be just: | |
Provided that the Circuit Court may remit or transfer any action, whatever may be the amount of the claim formally made therein, if the court is of opinion that the action should not have been commenced in the Circuit Court but in the District Court if at all. | ||
(2) In an action for unliquidated damages that has been remitted or transferred to the District Court under this section or under section 25 of the Act of 1924, the District Court may make an order awarding an amount in excess of £5,000, but not exceeding £10,000, to a party to such an action. | ||
(3) The jurisdiction of the High Court under section 25 of the Act of 1924, which relates to the remittal or transfer of actions pending in the High Court, may, on application to the High Court in that behalf by any party to such an action, be exercised in relation to the action at any time before the commencement of the trial thereof. | ||
(4) Section 2 of the Courts Act, 1988 , is hereby repealed. |