Statutory Instrument 1993 No. 2789 (L.26)

The County Court Appeals (Amendment) (Transitional Provisions) Order 1993

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1993 No. 2789 (L.26)

COUNTY COURTS

The County Court Appeals (Amendment) (Transitional Provisions) Order 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 77(2) of the County Courts Act 1984^[1], hereby makes the following Order:

    1.    This Order may be cited as the County Court Appeals (Amendment) (Transitional Provisions) Order 1993 and shall come into force on 8th December 1993.

    2.    Article 2 of the County Court Appeals Order 1991^[2], as amended by the County Court Appeals (Amendment) Order 1993^[3] shall apply to all proceedings in which an appeal is set down or an application is lodged with the Court of Appeal on or after 8th December 1993.

    3.    For the avoidance of doubt, article 2 of this Order shall not apply to any appeal which was set down, or any application which was lodged with the Court of Appeal, before 8th December 1993.

Mackay of Clashfern, C.

Dated 9th November 1993

This Order makes transitional provision in relation to the County Court Appeals (Amendment) Order 1993 (the "Amendment Order"). The Amendment Order extended the circumstances in which leave to appeal to the Court of Appeal from county court judgments would be needed, with effect from 1st October 1993. A question has arisen as to whether the Amendment Order applies where the county court judgment was entered before 1st October 1993. This Order provides that the new provisions apply to any proceedings in which an appeal is set down or an application is lodged with the Court of Appeal on or after 8th December 1993, irrespective of when the judgment or order appealed against was entered.

[1] 1984 c. 28; section 77 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 17, paragraph 15. back

[2] S. I. 1991/1877. back

[3] S. I.1993/2131; the Order amended article 2 of the County Court Appeals Order 1991 by amending paragraph (2)(a) and inserting a new paragraph (2A). back