Ground JR-4

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JR-4

PE in Wrong Court (CLCC not ICC)

LOCKED NUCLEAR Priority

NUCLEAR PRIORITY

9/10

Probability

9/10

Impact

Priority Score

s.117(2A) IA 1986 is mandatory. County Court has no jurisdiction.

Public examination transferred to County Court at Central London. Section 117(2A) IA 1986 and Article 6C HCCJ Order 1991 provide that winding-up proceedings 'shall be commenced and proceeded with only in the High Court.'

Supporting Evidence

Authorities (3)

Exhibits (2)

CA-ORD-001 Transfer Order (Briggs, 23 Jul 2025)
CA-ORD-003 PE Order (DJ Hart, 7 Aug 2025)

Orders (1)

23 July 2025 Chief ICC Judge Briggs PE Transfer Order VOID

Counter-Arguments & Rebuttals (2)

What the opponent will argue, and why they are wrong.

Insolvency Service · LOW Risk

They will argue

s.117(2A) only applies to commencement, not subsequent proceedings.

Rebuttal

Article 6C HCCJ Order 1991 (SI 2014/821) provides proceedings 'shall be commenced AND PROCEEDED WITH only in the High Court'. The words 'and proceeded with' defeat any commencement-only argument. The transfer to CLCC was jurisdictionally invalid.

Authorities: AUTH-CASE-016

Rebuttal Confidence 9/10

Court · LOW Risk

They will argue

The Practice Direction permits transfers between courts for efficient case management.

Rebuttal

No Practice Direction can override primary legislation. s.117(2A) IA 1986 is a statutory jurisdictional requirement. Article 6C HCCJ Order 1991 (a statutory instrument) makes it mandatory. Jurisdictional limits set by statute cannot be overridden by case management discretion. Anisminic principle applies.

Authorities: AUTH-CASE-016; AUTH-CASE-021

Rebuttal Confidence 9/10

Evidence Chain (1 proof trails)

EC-008 OVERWHELMING (10/10)

Wrong statutory provisions (ss.290/364 bankruptcy for company)

Primary Evidence

HMRC-ORD-003 (DJ Hart PE Order, 7 Aug 2025) COURT_ORDER CONCLUSIVE

The order itself cites ss.290 and 364 IA 1986. These are bankruptcy provisions. The company is in compulsory liquidation.

Corroborating Evidence (4)

IA 1986 Parts 1-7 (winding-up) vs Parts 7A-11 (bankruptcy) STATUTORY_COMPARISON CONCLUSIVE
ss.133-134 IA 1986 (correct company provisions) STATUTORY CONCLUSIVE
HMRC-ORD-002 (Arrest Warrant, 19 Nov 2025) DERIVATIVE_NULLITY STRONG
HMRC-ORD-001 (Transfer Order, Briggs, 23 Jul 2025) JURISDICTIONAL STRONG

Overall Strength: OVERWHELMING

Ground Dependencies

If This Ground Succeeds

JR-15
AR-1
AR-9
PE proceedings void for want of jurisdiction. All CLCC acts in insolvency proceedings are nullities. Transfer back to ICC.

If This Ground Fails

JR-3
Court finds s.117(2A) does not apply or transfer was valid. JR-3 (wrong statute) provides independent void route.

Fallback: Two independent jurisdictional grounds. Either one voids the PE proceedings.

Independence: Partially dependent on other grounds succeeding.

Orders Attacked (1)

Date	Judge	Type	Status
23 July 2025	Chief ICC Judge Briggs	PE Transfer Order	VOID

Where This Appears

Case Assignment

Insolvency

Linked Facts (1)

FACT-JURISDICTION-003

Linked Exhibits (2)

HMRC-ORD-001 HMRC-ORD-003

Linked Orders (1)

23 July 2025

Linked Authorities (3)

Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 Insolvency Act 1986 s.117(2A) High Court and County Courts Jurisdiction Order 1991, article 6C (SI 1991/724, as amended by SI 2014/821)

Admin Notice Parts: II · Relief: F · All Grounds · Relief Sought · Argument Map