Companies Act 2014 section 558ZAF

High Court's power to remit proceedings to Circuit Court

Section 558ZAF deals with the High Court's power to send rescue process proceedings for small and micro companies back down to the Circuit Court where the High Court considers the Circuit Court would be a more suitable venue.

• Where a process adviser has directed that rescue process proceedings for an eligible company be brought in the High Court, the High Court may remit those proceedings to the Circuit Court if it considers this would be reasonable.
• Even where the High Court is considering remitting proceedings, it may choose to deal with the matter before it straight away if doing so would be more efficient.
• The High Court may take into account whether it was reasonable for the proceedings to have been brought in the High Court in the first place when deciding who should bear the costs of those proceedings.
• In deciding whether remittal to the Circuit Court is reasonable, the High Court must have regard to all the circumstances, particularly the need to minimise costs and promote efficiency.