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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a small claim that is now at the hearing stage. The

Resolved Question:

I have a small claim that is now at the hearing stage. The case has been allocated to be heard in Weymouth.
The case is for copyright infringement and my understanding is that a case of this type must be heard in the IPEC court in London.
Can I write to the court explaining this and ask them to change the venue?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
No.
As a small claim it will be transferred either:
1) If the Defendant is an individual - the D's home Court
2) If the Defendant is a company - the C's home Court.
But as a small claim it does not get transferred to the IPEC. If it was a fast track or multi track then it could be transferred.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

This Government link:

https://www.justice.gov.uk/downloads/courts/patents-court/patents-court-small-claims.pdf

Specifically states that the case of this type must be heard in a special court.

Does that make a difference?

Customer: replied 2 years ago.

Sorry - At Point 3 of the pdf

Expert:  Ash replied 2 years ago.
Was the claim issued in London?
Customer: replied 2 years ago.

No. I issued it online using the moneyclaim service.

Expert:  Ash replied 2 years ago.
That is why.
It needed to have been issued with the following in the top right corner: Intellectual Property Enterprise Court
And the claims needs to have been issued at:
The Rolls Building,
7 Rolls Building,
Fetter Lane, London, EC4A 1NL
You will need to make a formal application to have it transferred as it was issued incorrectly.
Can I clarify anything for you?
Alex
Customer: replied 2 years ago.

What forms do I need to make the formal application to transfer?

Expert:  Ash replied 2 years ago.
N244.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex