Search Legislation

Administration of Justice Act 1982

Status:

This is the original version (as it was originally enacted).

Schedule 3Monetary Limits of County Court Jurisdiction

Part IThe County Court Limit

1(1)The following definition shall be inserted after the definition of

bailiffin section 201 of the County Courts Act 1959—

(2)Until the coming into force of the first Order under section 192 of the County Courts Act 1959 which specifies the county court limit for the purposes of any enactment the definition of " the county court limit" in sub-paragraph (1) above shall have effect in relation to that enactment as if the reference to an Order under section 192 were a reference to any Order in Council or order defining the limit of county court jurisdiction for the purposes of that enactment.

Part IIAmendments of Enactments Specifying Monetary Limits

2The words "the county court limit" shall be substituted for every reference to a sum of money in the enactments specified in paragraph 3 below.

3The enactments mentioned in paragraph 2 above are—

(a)in the County Courts Act 1959—

section 39 (contract and tort) section 40 (money recoverable by statute) section 41 (abandonment of excess) section 47(1) (costs of actions in High Court for small claims) section 47(1A) (costs of actions in High Court to recover goods of small value) section 52 (equity) section 62 (probate) section 68 (transfer of interpleader from High Court to county court) section 80 (action by minor for wages) section 102(3)(c) (registrars' jurisdiction) section 146 (attachment of debts) section 148 (administration orders) Schedule 1 (miscellaneous jurisdiction); and

(b)the following provisions of other Acts—

(i)in the Settled Land Act 1925, section 113(3);

(ii)in the Consumer Credit Act 1974, section 139(5) (re-opening of extortionate credit agreements);

(iii)in the Solicitors Act 1974, section 69(3) (actions for solicitors' costs);

(iv)in the Charging Orders Act 1979, section 1(2)(c).

4The following subsection shall be inserted—

(a)after section 113(3) of the Settled Land Act 1925, as section 113(3 A);

(b)after section 139(5) of the Consumer Credit Act 1974, as subsection (5A); and

(c)after section 69(3) of the Solicitors Act 1974, as section 69(4)—

" In the preceding subsection " the county court limit" means the county court limit for the time being specified by an Order in Council under section 192 of the County Courts Act 1959 as the county court limit for the purposes of that subsection.".

5(1)The following section shall be inserted after section 52 of the County Courts Act 1959— Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975.

52A(1)A county court shall have jurisdiction to hear and determine any application for an order under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (including any application for permission to apply for such an order and any application made, in the proceedings on an application for an order under the said section 2, for an order under any other provision of that Act) where it is shown to the satisfaction of the court that the value at the date of the death of the deceased of all property included in his net estate for the purposes of that Act by virtue of paragraph (a) of the definition of " net estate" in section 25(1) of that Act does not exceed the county court limit

(2)In the preceding subsection " the county court limit" means the county court limit for the time being specified by an Order in Council under section 192 of the County Courts Act 1959 as the county court limit for the purposes of that subsection.

(2)In section 53(2) of that Act (jurisdiction by agreement) for the words " the last foregoing section " there shall be substituted the words

either of the two foregoing sections.

6In section 1(2) of the Charging Orders Act 1979, after the word " section ", in the first place where it occurs, there shall be inserted the words

Part IIIPower to Raise County Court Limit

7The following section shall be substituted for section 192 of the County Courts Act 1959— Power of Her Majesty to raise limits of jurisdiction of courts.

192(1)If it appears to Her Majesty in Council that the county court limit for the purposes of any enactment referring to that limit should be increased, Her Majesty may by Order in Council direct that the county court limit for the purposes of that enactment shall be such sum as may be specified in the Order.

(2)An Order under subsection (1) of this section may contain such incidental or transitional provisions as Her Majesty considers appropriate.

(3)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

Part IVHighways

8— (1) Sums recoverable under section 59 of the Highways Act 1980 (expenses due to extraordinary traffic) shall be recoverable in the county court if the claim does not exceed the county court limit for the purposes of section 40 of the County Courts Act 1959 (general jurisdiction as to money recoverable by statute).

(2)In subsection (4) of that section, for the words from the beginning to " in" in the second place where it occurs, there shall be substituted the words

The county court with jurisdiction to hear and determine a claim for a sum recoverable under this section is.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources