Page:Community Disputes Resolution Act 2015.pdf/15

15 second‑mentioned proceedings) may be commenced in any other court except—
 * (a) where the second‑mentioned proceedings were commenced in that other court before the first‑mentioned proceedings were commenced in the tribunal; or
 * (b) where the claim before the tribunal is withdrawn, discontinued or abandoned, or is dismissed for lack of jurisdiction.

(2) No action for a claim may be brought before a tribunal if civil proceedings relating to that claim are pending in or have been heard and determined by any other court.

No division of claims

19. A claim may not be split or divided and pursued in separate proceedings before a tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of a tribunal.

Transfer of claim, etc., from tribunal to court

20.—(1) Where any claim, counterclaim or set‑off and counterclaim in proceedings before a tribunal is or includes a claim or matter not within the tribunal’s jurisdiction (called in this section the non‑relevant claim), any party in the proceedings may apply to an appropriate court for an order that the whole proceedings, or the proceedings on the non‑relevant claim, be transferred to that court.

(2) On an application referred to in subsection (1), the court may order—
 * (a) that the whole proceedings be transferred to that court; or
 * (b) that the proceedings relating only to the non‑relevant claim be transferred to that court, and that the proceedings relating to the claim in which a tribunal has jurisdiction (called in this section the relevant claim) be heard before the tribunal.

(3) Where an order is made under subsection (2)(b) and the tribunal gives judgment to the plaintiff on the relevant claim, execution on the judgment is, unless the court (to which the non‑relevant claim is