Section Sch1-5.69 — Senior Courts Act 2016: Transfer under section 91 of District Court Act 2016

5.69 Transfer under section 91 of District Court Act 2016 (1) An application under section 91 of the District Court Act 2016 must be by interlocutory application. (2) It must,— (a) if made by the counterclaimant, be made within 5 working days after the counterclaim or set-off and counterclaim is filed in the District Court: (b) if made by the party against whom the counterclaim or set-off and counterclaim is made, be made within 5 working days after service on that party. (3) At any time after an application under subclause (1) has been filed, the court may order the proceedings in the District Court to be stayed pending its disposal. (4) The order in subclause (3) may be made without notice and subject to any conditions or undertakings that the court thinks just. (5) If the court orders that the counterclaim or set-off and counterclaim alone be transferred, references in these rules to the plaintiff must be read as references to the counterclaimant and references to the defendant must be read as references to the party against whom the counterclaim or set-off and counterclaim is made. Compare: 1908 No 89 Schedule 2 r 5.69 (as substituted by 2008 No 90 s 8)