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County Courts Act 1984

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County Courts Act 1984

1984 CHAPTER 28

An Act to consolidate certain enactments relating to county courts.

[26th June 1984] X1

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Editorial Information

X1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

Modifications etc. (not altering text)

C2Act (except ss. 9, 10, 13(1)(2), 60(1), 61, 75(7), 147) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch.1

C3By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references to youth courts in any enactment amended by that 1991 Act shall be construed as references to juvenile courts

Commencement Information

I1Act wholly in force on 1. 8. 1984, see s. 150.

Part IE+W Constitution and Administration

[F1The county courtE+W

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Amendments (Textual)

F1S. A1 and cross-heading inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 17(1), 61(3); S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

A1Establishment of a single county courtE+W

(1)There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The county court is to be a court of record and have a seal.]

County courts and districtsE+W

F21 County courts to be held for districts.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2S. 1 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 17(2), 61(3); S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F32 County court districts etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3S. 2 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 17(2), 61(3); S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Places and times of sittings of courtsE+W

3 Places and times of sittings.E+W

[F4(1)Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

(1A)Sittings of the county court at any place may be continuous or intermittent or occasional.

(2)Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

(2A)The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.]

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under [F8this section].]

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Amendments (Textual)

F4S. 3(1)-(2A) substituted for s. 3(1) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 2(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5S. 3(3) omitted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(5); S.I. 1997/841, art. 3(b), 4(e)

F6S. 3(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 2(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8Words in s. 3(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 2(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

4 Use of public buildings for courts.E+W

(1)Where, in any place in which a [F9sitting of the county court is to be] held [F10or a sitting of the family court is held], there is a building, being a town hall, court-house or other public building belonging to any local or other public authority, that building shall, with all necessary rooms, furniture and fittings in it, be used for the purpose of holding [F11the sitting of] the court, without any charge for rent or other payment, except the reasonable and necessary charges for lighting, heating and cleaning the building when used for that purpose.

(2)Where any such building is used for the purpose of holding [F12sittings of the county court,] the sittings of the court shall be so arranged as not to interfere with the business of the local or other public authority usually transacted in the building or with any purpose for which the building may be used by virtue of any local Act.

(3)This section shall not apply to any place in which a building was erected before 1st January 1889 for the purpose of holding and carrying on the business of a county court.

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Amendments (Textual)

F9Words in s. 4(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 3(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10Words in s. 4(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 65; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11Words in s. 4(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 3(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12Words in s. 4(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 3(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

JudgesE+W

[F135Judges of the county courtE+W

(1)A person is a judge of the county court if the person—

(a)is a Circuit judge,

(b)is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or

(c)is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the county court).

(2)A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—

(a)is the Lord Chief Justice,

(b)is the Master of the Rolls,

(c)is the President of the Queen's Bench Division,

(d)is the President of the Family Division,

(e)is the Chancellor of the High Court,

(f)is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(g)is the Senior President of Tribunals,

(h)is a puisne judge of the High Court,

(i)is a deputy judge of the High Court,

(j)is the Judge Advocate General,

(k)is a Recorder,

(l)is a person who holds an office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),

(m)is a deputy district judge appointed under section 102 of that Act,

(n)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(o)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(p)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(q)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r)is a District Judge (Magistrates' Courts),

(s)is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(u)is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or

(v)is a member of a panel of Employment Judges established for England and Wales or for Scotland.]

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Amendments (Textual)

F13S. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 4; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F14District judges and deputy district judges]E+W

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Amendments (Textual)

F14S. 6 cross-heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F156 District judges.E+W

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

F16( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A reference in any enactment or other instrument to the district judge for a district or of a county court [F17is—

(a)if the context permits, a reference to the county court, and

(b)otherwise is a reference to a judge of the county court.]

F18( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6)A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

F19( 7 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F16S. 6(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F17Words in s. 6(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F18S. 6(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F19S. 6(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

8[F21Deputy district judges]. E+W

[F22(1)If it appears to the [F23Lord Chief Justice] that it is expedient to do so in order to facilitate the disposal of business in the county [F24court or any other court or tribunal to which a person appointed under this subsection may be deployed], he may appoint a person to be a deputy district judge.

(1ZA)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1ZB)The [F25Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor] if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1ZC)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.]

[F26(1A)Any appointment of a person as a deputy district judge—

(a)[F27if subsection (1ZB) applies to the appointment,] shall not be such as to[F28, or be extended under subsection (3B) so as to,] extend beyond the day on which he attains the age of 75 years; and

(b)in any other case, shall not be such as to[F28, or be extended under subsection (3B) so as to,] extend beyond the day on which he attains the age of 70 years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

F29[F30(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)A deputy district judge appointed under this section F31... has F32... the same powers as if he were a district judge [F33other than a district judge's power to act in a district registry of the High Court].

F34(1D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Lord Chancellor may pay to any person appointed under this section as [deputy district judge]such remuneration and allowances as he may, with the approval of the Treasury, determine.

[F35(3A)A person appointed under this section may be removed from office as a deputy district judge—

(a)only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(3B)Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(3C)Extension under subsection (3B)—

(a)requires the person's agreement,

(b)is to be for such term as the Lord Chancellor thinks fit, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(3D)Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(3E)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).]

[F36(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection F37... (1B).]

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Amendments (Textual)

F22S. 8(1)-(1ZC) substituted (19.7.2007) for s. 8(1) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 7(2) (with Sch. 11 para. 10)

F23Words in s. 8(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 37(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F24Words in s. 8(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F25Words in s. 8(1ZB) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 37(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F26S. 8(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F28Words in s. 8(1A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 37(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F29S. 8(1B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F31Words in s. 8(1C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(4)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F32Words in s. 8(1C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(4)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F33Words in s. 8(1C) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(4)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F34S. 8(1D) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 6(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F35S. 8(3A)-(3E) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 37(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F37Words in s. 8(4) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 37(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Modifications etc. (not altering text)

C4Ss. 6-9 , 11, 12, amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: "(a) for the word "registrar" in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted " district judge"; (b) for the words "assistant district judge"; and (c) for the words "deputy county court registrar" and "deputy registrar" in each place where they occur there shall be substituted "deputy district judge".

C5S. 8 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(g) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

9 Qualifications [F38for appointment as district judge]. E+W

No person shall be appointed a [F39district judge], F40. . . F41. . . unless [F42he satisfies the judicial-appointment eligibility condition on a 5-year basis.]

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Amendments (Textual)

F40Words in s. 9 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(b), Sch.9; S.I. 1995/631, art.2

Modifications etc. (not altering text)

C6Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W

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Amendments (Textual)

11 Tenure of office. E+W

[F44(1)This subsection applies to the office of district judge.

(2)Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of 70 years.]

F45(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.

(5)The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor [F46, but only with the concurrence of the Lord Chief Justice].

(6)The Lord Chancellor may [F47, with the concurrence of the Lord Chief Justice,] also remove such a person from his office on account of inability to perform the duties of his office.

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Amendments (Textual)

F44S. 11(1)(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F45S. 11(3) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6)(10), 31(4), Sch. 6 para. 17(4), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

Modifications etc. (not altering text)

C7Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

12 Records of proceedings to be kept F48.... E+W

[F49(1)The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.]

(2)Any entry in a book or other document required by the said regulations to be kept for the purposes of this section, or a copy of any such entry or document purporting to be signed and certified as a true copy by [F50a judge of the county court], shall at all times without further proof be admitted in any court or place whatsoever as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.

[F51(3)The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

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Amendments (Textual)

F48Words in s. 12 title omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 7(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F49S. 12(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 7(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F50Words in s. 12(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 7(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C8Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

Miscellaneous provisions as to officersE+W

13 Officers of court not to act as [F52legal representatives] in that court.E+W

(1)[F53A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

(a)the judge,

(b)a partner or employer of the judge,

(c)a body of which the judge is a member or officer, or

(d)a body of whose governing body the judge is a member,

is] directly or indirectly engaged as [F52legal representative] or agent for any party F54....

(2)Every person who contravenes this section shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

F55(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F53Words in s. 13(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 8(2)(a) (with Sch. 9 para. 8(4)); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F54Words in s. 13(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 8(2)(b) (with Sch. 9 para. 8(4)); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F55S. 13(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 8(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F56S. 13(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 8(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C9S. 13(1)(2) amended (1.1.1992) by S.I. 1991/2684, arts. 2(2), 4, Sch.2

14 Penalty for assaulting officers.E+W

(1)If any person assaults an officer of [F57the county court] while in the execution of his duty, he shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 5 on the standard scale, or both; or

(b)on an order made by the [F58court] in that behalf, to be committed for a specified period not exceeding 3 months to . . . F59prison . . . F59or to such a fine as aforesaid, or to be so committed and to such a fine,

and [F60an officer] of the court may take the offender into custody, with or without warrant, and bring him before the [F58court].

(2)The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F57Words in s. 14(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 9(2)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F58Words in s. 14(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 9(2)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F60Words in s. 14(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 9(2)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F61S. 14(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 9(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C10S. 14 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).

Part IIE+W Jurisdiction and Transfer of Proceedings

Actions of contract and tortE+W

15 General jurisdiction in actions of contract and tort.E+W

(1)Subject to subsection (2), [F62the county court] shall have jurisdiction to hear and determine any action founded on contract or tort F63 . . ..

(2)[F64The county court] shall not, except as in this Act provided, have jurisdiction to hear and determine—

F65(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any action in which the title to F66 . . . any toll, fair, market or franchise is in question; or

(c)any action for libel of slander.

F67(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F62Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F63Words in s. 15(1) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F64Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F65S. 15(2)(a) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F66Words in s. 15(2)(b) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F67S. 15(3) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

16 Money recoverable by statute.E+W

[F64The county court] shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—

(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F68 . . .

F68(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F64Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F68S. 16(b) and words in s. 16(a) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

C12S. 16 extended by S.I. 1991/724, art. 2(1)(l)

17 Abandonment of part of claim to give court jurisdiction.E+W

(1)Where a plaintiff has a cause of action for more than the county court limit in which, if it were not for more than the county court limit, [F62the county court] would have jurisdiction, the plaintiff may abandon the excess, and thereupon [F62the county court] shall have jurisdiction to hear and determine the action, but the plaintiff shall not recover in the action an amount exceeding the county court limit.

(2)Where the court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

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Amendments (Textual)

F62Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

18 Jurisdiction by agreement in certain actions.E+W

If the parties to any action, other than an action which, if commenced in the High Court, would have been assigned to the Chancery Division or to the Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction, agree, by a memorandum signed by them or by their respective [F69legal representatives], that [F62the county court] F70... shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.

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Amendments (Textual)

F62Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F70Words in s. 18 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Recovery of land and cases where title in questionE+W

21 Actions for recovery of land and actions where title is in question.E+W

(1)[F64The county court] shall have jurisdiction to hear and determine any action for the recovery of land F73 . . ..

(2)[F64The county court] shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F74 . . .

F74(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if [F62the county court] has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than [F62the county court] shall have jurisdiction to hear and determine that action.

(4)Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.

F75(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

  • dwelling-house” includes any building or part of a building which is used as a dwelling;

  • mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;

  • mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

(8)The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.

(9)This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M1Consumer Credit Act 1974.

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Amendments (Textual)

F62Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F64Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F73Words in s. 21(1) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F74Words in s. 21(2) and s. 21(2)(a)(b) repealed by S.I. 1991/724, art. 2(8) Schedule, PartI

F75S. 21(5)(6) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

C13Ss. 21, 22 amended by S.I. 1990/776, art. 4(1)(g)(2)

S. 21 extended by S.I. 1991/724, art. 2(1)(l)

Marginal Citations

F7622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Equity proceedingsE+W

23 Equity jurisdiction.E+W

[F64The county court] shall have all the jurisdiction of the High Court to hear and determine—

(a)proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit;

(b)proceedings—

(i)for the execution of any trust, or

(ii)for a declaration that a trust subsists, F77...

F78(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit;

(c)proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the county court limit;

(d)proceedings for the specific performance, or for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money, or in the case of a lease, the value of the property, does not exceed the county court limit;

(e)proceedings relating to the maintenance or advancement of a minor, where the property of the minor does not exceed in amount or value the county court limit;

(f)proceedings for the dissolution or winding-up of any partnership (whether or not the existence of the partnerships is in dispute), where the whole assets of the partnership do not exceed in amount or value the county court limit;

(g)proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

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Amendments (Textual)

F64Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F77Word in s. 23(b)(ii) omitted by virtue of S.I. 1991/724, Sch. Pt. 1 (as amended (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(ii) (with art. 3))

F78S. 23(b)(iii) omitted by virtue of S.I. 1991/724, Sch. Pt. 1 (as amended (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(ii) (with art. 3))

24 Jurisdiction by agreement in certain equity proceedings.E+W

(1)If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective [F79legal representatives] or agents, that [F62the county court] F80... shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

(2)Subject to subsection (3), this section applies to any proceedings in which [F62the county court] would have jurisdiction by virtue of—

(a)section 113(3) of the M2Settled Land Act 1925,

(b)section 63A of the M3Trustee Act 1925,

(c)sections 3(7), F81 . . .49(4), 66(4), 89(7), 90(3), 91(8), 92(2), 136(3), F81 . . .181(2), 188(2) of, and paragraph 3A of Part III and paragraph 1(3A) and (4A) of Part IV of Schedule 1 to, the M4Law of Property Act 1925,

(d)sections 17(2), 38(4), 41(1A), and 43(4) of the M5Administration of Estates Act 1925,

(e)section 6(1) of the M6Leasehold Property (Repairs) Act 1938,

(f)sections 1(6A) and 5(11) of the M7Land Charges Act 1972, and

(g)sections 23 F82. . . of this Act,

but for the limits of the jurisdiction of the court provided in those enactments.

(3)This section does not apply to proceedings under section 1 of the M8Variation of Trusts Act 1958.

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Amendments (Textual)

F62Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F80Words in s. 24(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F81Words in s. 24(2)(c) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F82Words in s. 24(2)(g) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

Marginal Citations

Family provision proceedingsE+W

25 Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975.E+W

[F64The county court] shall have jurisdiction to hear and determine any application for an order under section 2 of the M9Inheritance (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 such an order, for an order under any other provision of that Act) F83 . . ..

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Amendments (Textual)

F64Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F83Words in s. 25 repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

C14S. 25 extended by S.I. 1991/724, art. 2(1)(l)

Marginal Citations

Admiralty proceedingsE+W

F8426 Districts for Admiralty purposes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F84S. 26 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

27 Admiralty jurisdiction.E+W

F85(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)[F86The county court does not] have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in [F87the county court] shall be set aside.

(10)In subsection (9) “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention.

F88(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F85S. 27(1)-(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F86Words in s. 27(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F87Words in s. 27(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F88S. 27(11) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12.

F8928 Mode of exercise of Admiralty jurisdiction.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F89S. 28 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

30 Restrictions on entertainment of actions in personam in collision and other similar cases.E+W

(1)The claims to which this section applies are claims for damage, loss of life or personal injury arising—

(a)out of a collision between ships;

(b)out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or

(c)out of the non-compliance, on the part of one or more of two or more ships [F91with safety regulations under section 85 of the Merchant Shipping Act 1995]

(2)[F92The county court may not] entertain an action in personam to enforce a claim to which this section applies unless—

(a)the defendant has his habitual residence or a place of business within England and Wales; or

(b)the cause of action arose within inland waters of England and Wales or within the limits of a port of England and Wales; or

(c)an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

(3)In subsection (2)—

  • inland waters” includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; and

  • port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities in it, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;

  • charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.

(4)[F93The county court may not] entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(5)Subsections (1) to (4) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counterclaim and the defendant to the counterclaim.

(6)Subsections (1) to (5) shall not apply to any action or counterclaim if the defendant submits or has agreed to submit to the jurisdiction of the court.

(7)Nothing in this section shall prevent an action or counterclaim which is brought in accordance with the provisions of this section in [F94the county court] being transferred, in accordance with the enactments in that behalf, to some other court F95....

(8)This section applies [F96generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings).]

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Amendments (Textual)

F91Words in s. 30(1)(c) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 72(3)

F92Words in s. 30(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(5)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F93Words in s. 30(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(5)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F94Words in s. 30 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F95Words in s. 30(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(5)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F96Words in s. 30(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(5)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

31 Admiralty—interpretation.E+W

F97(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F98(2)Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises] proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.

(3)In subsection (2) “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the M10Crown Proceedings Act 1947.

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Amendments (Textual)

F97S. 31(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F98Words in s. 31(2)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(6); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

Probate proceedingsE+W

F9932 Contentious probate jurisdiction.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F99S. 32 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10033 Effect of order of judge in probate proceedings.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F100S. 33 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Miscellaneous provisions as to jurisdictionE+W

F10134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

35 Division of causes of action.E+W

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions [F102the county court].

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Amendments (Textual)

F102Words in s. 35 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(7); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

36 No action on judgment of High Court.E+W

No action shall be brought in [F103the county court] on any judgment of the High Court.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Exercise of jurisdiction and ancillary jurisdictionE+W

37 Persons who may exercise jurisdiction of court.E+W

(1)Any jurisdiction and powers conferred by this or any other [F104Act on the county court may be exercised by any judge of the county court.]

F105(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F104Words in s. 37(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(8); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F105S. 37(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(9); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F10638 Remedies available in county courts.E+W

(1)Subject to what follows, in any proceedings in [F103the county court] the court may make any order which could be made by the the High Court if the proceedings were in the High Court.

(2)Any order made by [F103the county court] may be –

(a)absolute or conditional;

(b)final or interlocutory.

(3)[F107Neither the county court nor the family court has] power –

(a)to order mandamus, certiorari or prohibition; or

(b)to make any order of a prescribed kind.

(4)Regulations under subsection (3) –

(a)may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;

(b)may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;

(c)F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations[F109; and

(e)may make different provision for different purposes.]

[F110(4A)If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.]

(5) In this section “ prescribed ” means prescribed by regulations made [F111 under this section by the Lord Chancellor after consulting the Lord Chief Justice ] .

(6)The power to make regulations under this section shall be exercised by statutory instrument.

(7)No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F106S. 38 commencing "Subject to what follows" substituted (1.7.1991) for s. 38 commencing "Every county court" and s. 39 by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 3

F107Words in s. 38(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 66(1); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F109S. 38(4)(e) and word inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 66(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

39 Ancillary powers of judge.E+W

A judge shall have jurisdiction in any pending proceedings to make any order or exercise any authority or jurisdiction which, if it related to an action or proceeding pending in the High court, might be made or exercised by a judge of the High Court in chambers.

Transfer of proceedingsE+W

[F11240 Transfer of proceedings to county court.E+W

(1)Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in [F103the county court] it shall–

(a)order the transfer of the proceedings to [F103the county court] ; or

(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2)Subject to any such provision, the High Court may order the transfer of any proceedings before it to [F103the county court] .

(3)An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.

F113(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(6)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section–

(a)the judgment or order may be enforced as if it were a judgment or order of [F103the county court] ; and

(b)subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.

(7)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—

(a)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b)the powers of any court to set aside, correct, vary or quash a judgment or order of [F103the county court] , and the enactments relating to appeals from such a judgment or order, shall not apply.

(8)The provisions referred to in subsection (1) are any made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.

F114(9)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F113S. 40(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(10); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F114S. 40(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C15S. 40(2) restricted by S.I. 1991/724, art. 7(5)

41 Transfer to High Court by order of High Court.E+W

(1)If at any stage in proceedings commenced in [F103the county court] or transferred to [F103the county court] under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.

(2)The power conferred by subsection (1) is without prejudice to section 29 of the [F115Senior Courts Act 1981](power of High Court to issue prerogative orders) F116....

[F117(3)The power conferred by subsection (1) shall be exercised subject to any provision made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F116Words in s. 41(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C16S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)

C17S. 41(1) restricted by S.I. 1991/724, art. 7(5)

[F11842 Transfer to High Court by order of [F103the county court] .E+W

(1)Where [F103the county court] is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall–

(a)order the transfer of the proceedings to the High Court; or

(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2)Subject to any such provision, [F103the county court] may order the transfer of any proceedings before it to the High Court.

(3)An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.

(4)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(5)Where proceedings for the enforcement of any judgment or order of [F103the county court] are transferred under this section–

(a)the judgment or order may be enforced as if it were a judgment or order of the High Court; and

(b)subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.

(6)Where proceedings for the enforcement of any judgment or order of [F103the county court] are transferred under this section—

(a)the powers of any court to set aside, correct, vary or quash a judgment or order of [F103the county court] , and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(7)The provisions referred to in subsection (1) are any made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.

F119(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F119S. 42(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C18S. 42(2) restricted by S.I. 1991/724, art. 7(5)

F12043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F12144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

45 Costs in transferred cases. E+W

(1)Where an action, counterclaim or matter is ordered to be transferred—

(a)from the High Court to [F103the county court] ; or

(b)from [F103the county court] to the High [F122Court,]

F123(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the costs of the whole proceedings both before and after the transfer shall, subject to any order of the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred; and that court shall have power to make orders with respect to the costs F124. . ., and the costs of the whole proceedings shall be taxed in that court.

F125(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F122Words in s. 45(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(11)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F123S. 45(1)(c) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(11)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C19S. 45 excluded by S.I. 1988/1328, rule 23

Part IIIE+W Procedure

PartiesE+W

46 Proceedings by the CrownE+W

(1)Subject to the provisions of any enactment limiting the jurisdiction of [F103the county court] , whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise, proceedings by the Crown may be instituted in [F103the county court] .

(2)Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from [F103the county court] to the High Court and the transfer of proceedings in the High Court to [F103the county court] shall apply respectively to the removal or transfer of proceedings by the Crown in [F103the county court] and to the transfer of proceedings by the Crown in the High Court.

(3)Nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F126S. 47 omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(a); S.I. 1998/3132

48 Persons jointly liable.E+W

(1)Where a plaintiff has a demand recoverable under this Act against two or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

(2)Where judgment is so obtained against any person by virtue of subsection (1) and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.

49 Bankruptcy of plaintiff.E+W

(1)The bankruptcy of the plaintiff in any action in [F103the county court] which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.

(2)The hearing of the action may be adjourned until such an election is made.

(3)Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Interim payments in pending proceedingsE+W

50 Orders for interim payment.E+W

(1)Provision may be made by [F127rules of court] for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.

(2)Any [F127rules of court] which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F128Civil Procedure Rule Committee] may consider necessary or expedient.

(4)Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make [F127rules of court] relating to costs.

(5)In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party; and any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.

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Amendments (Textual)

F127Words in s. 50(1)(2)(4) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F128Words in s. 50(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)

Provisional damages for personal injuriesE+W

51 Orders for provisional damages for personal injuries.E+W

(1)This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

(2)Subject to subsection (4), as regards any action for damages to which this section applies in which a judgment is given in the county court, provision may be made by [F129rules of court]for enabling the court, in such circumstances as may be prescribed, to award the injured person—

(a)damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

(b)further damages at a future date if he develops the disease or suffers the deterioration.

(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F130Civil Procedure Rule Committee]may consider necessary or expedient.

(4)Nothing in this section shall be construed—

(a)as affecting the exercise of any power relating to costs, including any power to make [F129rules of court] relating to costs; or

(b)as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

(5)In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

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Amendments (Textual)

F129Words in s. 51(2)(4)(a) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F130Words in s. 51(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)

Discovery and related proceduresE+W

52 Powers of court exercisable before commencement of action.E+W

(1)On the application of any person in accordance with [F131rules of court], [F103the county court] shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—

(a)the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the court, or as to which any question may arise in any such proceedings; and

(b)the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.

(2)On the application, in accordance with [F131rules of court], of a person who appears to [F103the county court] to be likely to be a party to subsequent proceedings in that court F132. . . the county court shall, in such circumstances as may be prescribed, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—

(a)to disclose whether those documents are in his possession, custody or power; and

(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—

(i)to the applicant’s legal advisers; or

(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or

(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.

[F133(3)This section is subject to any provision made under section 38,]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F131Words in s. 52(1)(2) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F132Words in s. 52(2) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(b); S.I. 1998/3132

Modifications etc. (not altering text)

C20Power to amend s. 52(2) conferred (27.4.1997) by 1997 c. 12, s. 8(1); S.I. 1997/841, art. 3.

53 Power of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.E+W

F134(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)On the application, in accordance with [F135rules of court], of a party to any proceedings F136. . ., [F103the county court] shall, in such circumstances as may be prescribed, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—

(a)to disclose whether those documents are in his possession, custody or power; and

(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—

(i)to the applicant’s legal advisers; or

(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or

(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.

(3)On the application, in accordance with [F135rules of court], of a party to any proceedings F136. . ., [F103the county court] shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—

(a)the inspection, photographing, preservation, custody and detention of property which is not the propery of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;

(b)the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.

(4)The preceding provisions of this section are without prejudice to the exercise by [F103the county court] of any power to make orders which is exercisable apart from those provisions.

[F137(5)This section is subject to any provision made under section 38,]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F134S. 53(1) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(c)(i); S.I. 1998/3132

F135Words in s. 53(2)(3) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F136Words in s. 53(2)(3) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(c)(ii); S.I. 1998/3132

54 Provisions supplementary to sections 52 and 53.E+W

(1)[F138The county court] shall not make an order under section 52 or 53 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

(2)[F139Rules of court] may make provision as to the circumstances in which an order under section 52 or 53 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the [F140Civil Procedure Rule Committee] may consider necessary or expedient.

(3)Without prejudice to the generality of subsection (2), [F139rules of court] shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 52(2) or 53 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.

(4)Sections 52(2) and 53 and this section bind the Crown; and section 52(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

(5)In sections 52 and 53 and this section—

  • property” includes any land, chattel or other corporeal property of any description;

  • personal injuries”includes any disease and any impairment of a person’s physical or mental condition.

[F141(6)This section is subject to any provision made under section 38,]

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Amendments (Textual)

F138Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F139Words in s. 54(2)(3) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F140Words in s. 54(2) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)

Witnesses and evidenceE+W

55 Penalty for neglecting or refusing to give evidence.E+W

(1)Subject to subsections (2) and (3), any person who—

(a)having been summoned in pursuance of [F142rules of court] as a witness in [F103the county court] refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or

(b)having been so summoned or being present in court and being required to give evidence, refuses to be sworn or give evidence,

shall forfeit such fine as the [F143court] may direct.

(2)[F144The court] shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding [F145£1,000].

(3)No person summoned in pursuance of [F142rules of court] as a witness in [F103the county court] shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.

(4)The [F146 court may at its] discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

F147(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)This section does not apply to a debtor summoned to attend by a judgment summons.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F142Words in s. 55 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2), S.I. 1997/841, art. 3(b), 4(c)

F143Words in s. 55(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(12)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F144Words in s. 55(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(12)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F146Words in s. 55(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(12)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F147S. 55(4A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(12)(d); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C21S. 55 modified (25.4.2000) by 1999 c. 17, ss. 3(5), 4(6), 5(12), Sch. 3 Pt. IV para. 23(2) (with s. 15); S.I. 2000/880, art. 2, Sch. 2

S. 55 extended (14.2.2000) by S.I. 2000/124, reg. 30(4)(b)

C22Power to amend s. 55(2) conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(3), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. IV (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)

56 Examination of witnesses abroad.E+W

The High Court shall have the same power to issue a commission, request or order to examine witnesses abroad for the purpose of proceedings in [F103the county court] as it has for the purpose of an action or matter in the High Court.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

57 Evidence of prisoners.E+W

(1)Subject to subsection (2), in any proceedings pending before [F103the county court] , the [F148court may, if it] thinks fit, upon application on affidavit by any party, issue an order F149... for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings.

(2)No such order shall be made with respect to a person confined under process in any civil action or matter.

(3)Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.

(4)The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court.

[F150(5)This section applies in relation to the family court as it applies in relation to the county court.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148Words in s. 57(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(13)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F149Words in s. 57(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(13)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F150S. 57(5) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 68; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

58 Persons who may take affidavits for use in county courts.E+W

(1)An affidavit to be used in [F103the county court] may be sworn before—

[F151(a)a judge of the county court; or]

(b)any justice of the peace; or

[F152(c)an officer of the county court appointed by a judge of the county court for the purpose,]

as well as before [F153a commissioner for oaths or any other person]authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 . . . F154.

(2)An affidavit [F155sworn before any such judge or] officer may be sworn without the payment of any fee.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F151S. 58(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(14)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F152S. 58(1)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(14)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F155Words in s. 58(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(15); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15659 Evidence in Admiralty proceedings.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F156S. 59 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Right of audienceE+W

60 Right of audience. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

(2)Where an action is brought in [F103the county court] by a local authority for either or both of the following—

(a)the recovery of possession of a house belonging to the authority;

(b)the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house,

[F158then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.]

(3)In this section—

  • local authority” means a county council, . . . F159 a district council [F160the Broads Authority], [F161any National Park authority,] a London borough council [F162, [F163a police and crime commissioner, the Mayor's Office for Policing and Crime]]F164...[F165[F166the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985, [F167an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ]] [F168a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F169... [F170[F171the London Fire and Emergency Planning Authority] [F171the London Fire Commissioner],] or the Common Council of the City of London; and

  • house ” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,

and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F158Words in s. 60(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(16); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F161Words in s. 60(3) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 23 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1).

F162Words in s. 60(3) inserted (1.10.1994 for certain purposes, 1.4.1995 for remaining purposes) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 57; S.I. 1994/2025, art. 6(1); S.I. 1994/3262, art. 4, Sch.

F166Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F168Words in s. 60(3) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 48; S.I. 2017/399, Sch. para. 38

F169Words in s. 60(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(18); S.I. 2015/994, art. 6(g)

F170Words in definition of “local authority” in s. 60(3) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 para. 38 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F171Words in s. 60(3) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 69

Modifications etc. (not altering text)

C24S. 60 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(k) (with s. 54, Sch. 17 paras. 22(1), 23(2)).

C26S. 60(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(w)

61 Right of audience by direction of Lord Chancellor.E+W

(1)The Lord Chancellor may [F172, with the concurrence of the Lord Chief Justice,] at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in [F103the county court] , or in proceedings in [F103the county court] of such description as may be so specified.

(2)In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F173legal representative]whether in private practice or not.

(3)A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects [F174 every place where the county court sits or] as respects one or more specified places where [F103the county court] sits.

[F175(3A)Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.]

(4)The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

[F176(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F174Words in s. 61(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(18); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F175S. 61(3A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 69; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Mode of trialE+W

62 General power of judge to determine questions of law and fact.E+W

Subject to the provisions of this Act and of [F177rules of court], [F178a judge] of [F103the county court] shall be the sole judge in all proceedings brought in the court, and shall determine all questions of fact as well as of law.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F177Words in s. 62 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F178Words in s. 62 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(19); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

63 Assessors.E+W

(1)In any proceedings [F179in the county court a judge of the court] may, if he thinks fit F180. . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with [F179in the county court a judge of the court] and act as assessors.

F181(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsection (4), the remuneration of assessors for sitting under this section shall be [F182determined by the [F183court]] and shall be costs in the proceedings unless otherwise ordered by the [F183court] .

(4)Where one or more assessors are summonedfor the purposes of [F184assisting [F185a judge] in reviewing the taxation F186... of the costs of any proceedings] the remuneration of any such assessor—

(a)shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury; and

(b)shall be payable out of moneys provided by Parliament.

(5)Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

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Amendments (Textual)

F179Words in s. 63(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(20)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F180Words in s. 63(1) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(i); S.I. 1998/3132

F181S. 63(2) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(ii); S.I. 1998/3132

F182Words in s. 63(3) substituted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(iii); S.I. 1998/3132

F183Word in s. 63(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(20)(e); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F184Words in s. 63(4) substituted (26.4.1999) by S.I. 1999/2940, arts. 1, 6(d)(iv); S.I. 1998/3132

F185Words in s. 63(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(20)(f)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F186Words in s. 63(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(20)(f)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

64 Reference to arbitration.E+W

(1)[F187Rules of court]

(a)may prescribe cases in which proceedings [F188in the county court] are (without any order of the court) to be referred to arbitration, and

(b)may prescribe the manner in which and the terms on which cases are to be so referred, and

(c)may, where cases are so referred, require other matters within the jurisdiction of the court in dispute between the parties also to be referred to arbitration.

(2)[F187Rules of court]

(a)may prescribe cases in which proceedings [F189in the county court] may be referred to arbitration by order of the court, and

(b)may authorise the court also to order other matters in dispute between the parties and within the jurisdiction of the court to be so referred.

[F190(2A)[F187Rules of court] may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B)Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.]

(3)On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the [F191court] .

(4)The [F191court] may, if [F192it] thinks fit, on application made to [F192it] within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

(5)In this section “award” includes an interim award.

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Amendments (Textual)

F187Words in s. 64 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F188Words in s. 64(1)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(21); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F189Words in s. 64(2)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(21); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F191Word in s. 64(3)(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(22); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F192Word in s. 64(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(23); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

65 Power of judge to refer to registrar or referee.E+W

(1)Subject to [F193rules of court], [F194a judge of the county court may refer to another judge of the county court or a] for inquiry and report—

(a)any proceedings which require any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the judge, conveniently be made before him;

(b)any proceedings where the question in dispute consists wholly or in part of matters of account;

(c)with the consent of the parties, any other proceedings;

(d)subject to any right to have particular cases tried with a jury, any question arising in any proceedings.

F195(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where any proceedings or question are referred under [F196subsection (1), a judge of the county court may direct] how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

(4)[F197A judge of the county court] may, after deciding or reserving any question of liability, [F198refer to another judge of the county court any mere matter of account] which is in dispute between the parties and, after deciding the question of liability, may give judgment [F199on the other judge's report.]

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Amendments (Textual)

F193Words in s. 65 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2), S.I. 1997/841, art. 3(b), 4(c)

F194Words in s. 65(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F195S. 65(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F196Words in s. 65(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F197Words in s. 65(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(d)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F198Words in s. 65(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(d)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F199Words in s. 65(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(24)(d)(iii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

JuriesE+W

66 Trial by jury.E+W

(1)In the following proceedings in [F103the county court] the trial shall be without a jury—

(a)Admiralty proceedings;

(b)proceedings arising—

(i)under Part I, II or III of the Rent (Agriculture) M11Act 1976, or

(ii)under any provision of the M12Rent Act 1977 other than a provision contained in Part V, sections 103 to 106 or Part IX, or

(iii)under Part I of the M13Protection from Eviction Act 1977; [F200or

(iv)under Part I of the Housing Act 1988]

(c)any appeal to the county court under [F201the Housing Act 1985].

(2)In all other proceedings in [F103the county court] the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.

(3)Where, on any such application, the court is satisfied that there is in issue—

(a)a charge of fraud against the party making the application; or

(b)a claim in respect of F202... malicious prosecution or false imprisonment; or

(c)any question or issue of a kind prescribed for the purposes of this paragraph,

the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

(4)There shall be payable, in respect of the trial with a jury of proceedings in [F103the county court] , such fees as may be prescribed by [F203an order under section 92 of the Courts Act 2003 (fees)].

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F202Words in s. 66(3)(b) omitted (1.1.2014) by virtue of Defamation Act 2013 (c. 26), ss. 11(2), 17(4) (with s. 16(7)); S.I. 2013/3027, art. 2

F203Words in s. 66(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 271; S.I. 2005/910, art. 3

Marginal Citations

67 Impanelling and swearing of jury.E+W

[F204Where any proceedings in the county court] are to be tried with a jury, eight jurymen shall be impanelled and sworn as occasion requires to give their verdicts in the proceedings brought before them, and being once sworn need not be re-sworn in each trial.

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Amendments (Textual)

F204Words in s. 67 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(25); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

68 Duty of judge to determine foreign law in jury trials.E+W

Where, for the purpose of disposing of any proceedings which are being tried in [F103the county court] by [F205a judge of the court] with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F205Words in s. 68 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(26); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Interest on debts and damagesE+W

69 Power to award interest on debts and damages.E+W

(1)Subject to [F206rules of court], in proceedings (whenever instituted) before [F103the county court] for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

(a)in the case of any sum paid before judgment, the date of the payment; and

(b)in the case of the sum for which judgment is given, the date of the judgment.

(2)In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—

(a)with the substitution of “shall be included” for “may be included”; and

(b)with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.

(3)Subject to [F206rules of court], where—

(a)there are proceedings (whenever instituted) before [F103the county court] for the recovery of a debt; and

(b)the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

(5)Interest under this section may be calculated at different rates in respect of different periods.

(6)In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(7)Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

[F207(8)In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F206Words in s. 69 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

Judgments and orders.E+W

70 Finality of judgments and orders.E+W

Every judgment and order of [F103the county court] shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

71 Satisfaction of judgments and orders for payment of money.E+W

(1)Where a judgment is given or an order is made by [F103the county court] under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—

(a)in one sum, whether forthwith or within such period as the court may fix; or

(b)by such instalments payable at such times as the court may fix.

(2)If at any time it appears to the satisfaction of the [F208county] court that any party to any proceedings [F209in the court] is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

[F210(3)Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F208Word in s. 71(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(27)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F209Words in s. 71(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(27)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F210S. 71(3) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 70; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

72 Set-off in cases of cross judgments in county courts and High Court.E+W

(1)Where one person has obtained a judgment or order in [F103the county court] against another person, and that other person has obtained a judgment or order against the first-mentioned person in the F211... county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.

(2)Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.

(3)Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F211Words in s. 72(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(28); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

73 Register of judgments and orders.E+W

F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

73A Provision for register under s.73 to be kept by body under contract to Lord ChancellorE+W

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

74 Interest on judgment debts etc.E+W

(1)The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.

(2)The sums to which subsection (1) applies are—

(a)sums payable under judgments or orders given or made in [F103the county court] , including sums payable by instalments; and

(b)sums which by virtue of any enactment are, if the county court so orders, recoverable as if payable under an order of that court, and in respect of which the county court has so ordered.

(3)The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.

(4)The power conferred by subsection (1) includes power—

(a)to specify the descriptions of judgment or order in respect of which interest shall be payable;

(b)to provide that interest shall be payable only on sums exceeding a specified amount;

(c)to make provision for the manner in which and the periods by reference to which the interest is to be calculated and paid;

(d)to provide that any enactment shall or shall not apply in relation to interest payable under subsection (1) or shall apply to it with such modifications as may be specified in the order; and

(e)to make such incidental or supplementary provisions as the Lord Chancellor considers appropriate.

(5)Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M14Judgments Act 1838 as that enactment has effect from time to time.

F214[(5A)The power conferred by subsection (1) includes power to make provision enabling [F103the county court] to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).]

[F215(5B)This section applies in relation to the family court as it applies in relation to the county court.]

(6)The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F214S. 74(5A) inserted (1.11.1996) by 1995 c. 42, s.2; S.I. 1996/2515, art.2

Modifications etc. (not altering text)

C29S. 74: power to exclude conferred (26.4.1999) by S.I. 1998/3132, rule 47.8(3)(ii), 47.14(5)(ii)

C31S. 74 applied (with modifications) by S.I. 2010/2600, rule 51A (as inserted (1.7.2013) by The Tribunal Procedure (Amendment No. 3) Rules 2013 (S.I. 2013/1188), rules 1, 8 (with rule 10))

Marginal Citations

[F216Practice directions]E+W

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Amendments (Textual)

F216S. 74A and crossheading inserted (27.4.1997) by 1997 c. 12, s. 5(2); S.I. 1997/841, art. 3(a)

74A Practice directions.E+W

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

General rules of procedureE+W

F21875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

76 Application of practice of High Court.E+W

In any case not expressly provided for by or in pursuance of this Act, the general principles of practice in the High Court may be adopted and applied to proceedings in [F103the county court] .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part IVE+W Appeals etc.

AppealsE+W

77 Appeals: general provisions.E+W

(1)Subject to the provisions of this section and the following provisions of this Part of this Act [F219and to any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999], if any party to any proceedings in [F103the county court] is dissatisfied with the determination of [F220a judge] or jury, he may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by [F221Civil Procedure Rules].

[F222(1A)Without prejudice to the generality of the power to make [F223rules of court] F224..., such rules may make provision for any appeal from the exercise by a [F225judge of the county court] of any power given to him by virtue of any enactment to [F226be to another] judge of [F103the county court] .]

F227(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subject to the provisions of this section and the following provisions of this Part of this Act, where an appeal is brought under subsection (1) in any action, an appeal may be brought under that subsection in respect of any claim or counterclaim in the action notwithstanding that there could have been no such appeal if that claim had been the subject of a separate action.

(6)In proceedings in which either the plaintiff or the defendant is claiming possession of any premises this section shall not confer any right of appeal on any question of fact if by virtue of—

(a)section 13(4) of the M15Landlord and Tenant Act 1954; or

(b)Cases III to IX in Schedule 4 to the M16Rent (Agriculture) Act 1976; or

(c)section 98 of the M17Rent Act 1977, as it applies to Cases 1 to 6 and 8 and 9 in Schedule 15 to that Act, or that section as extended or applied by any other enactment; or

(d)section 99 of the Rent Act 1977, as it applies to Cases 1 to 6 and 9 in Schedule 15 to that Act; or

(e)[F228section 84(2)(a) of the Housing Act 1985]; or

[F229(ee)section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or]

(f)any other enactment,

the court can only grant possession on being satisfied that it is reasonable to do so.

(7)This section shall not—

(a)confer any right of appeal from any judgment or order where a right of appeal is conferred by some other enactment; or

(b)take away any right of appeal from any judgment or order where a right of appeal is so conferred,

and shall have effect subject to any enactment other than this Act.

(8)In this section—

  • enactment” means an enactment whenever passed; F230. . .

  • F230. . .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F219Words in s. 77(1) inserted (2.5.2000) by S.I. 2000/1071, art. 8 (which amending Order is revoked (3.10.2016) by S.I. 2016/917, art. 7); and those same words inserted (3.10.2016) by The Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917), arts. 1, 10

F220Words in s. 77(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(29); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F221Words in s. 77(1) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(7); S.I. 1999/1009, art. 3(h)

F223Words in s. 77(1A) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F224Words in s. 77(1A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(30)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F225Words in s. 77(1A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(30)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F226Words in s. 77(1A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(30)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F227S. 77(2)-(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

F230Definition in s. 77(8) and the preceding “and” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

Modifications etc. (not altering text)

Marginal Citations

78 Assistance of Trinity masters for Court of Appeal in Admiralty proceedings.E+W

Where, on an appeal by a party to any Admiralty proceedings which have been heard in [F103the county court] with the assistance of assessors, any party makes application to the Court of Appeal in that behalf, the court shall summon Trinity masters to assist on the hearing of the appeal if the court is of opinion that such assistance is necessary or desirable.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

79 Agreement not to appeal.E+W

(1)No appeal shall lie from any judgment, direction, decision or order of a judge of [F231the county court] if, before the judgment, direction, decision or order is given or made, the parties agree, in writing signed by themselves or their [F232legal representatives]or agents, that it shall be final.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233

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Amendments (Textual)

F231Words in s. 79(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(31); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

80 Judge’s note on appeal.E+W

(1)At the hearing of any proceedings in [F103the county court] in which there is a right of appeal or from which an appeal may be brought with leave, the judge shall, at the request of any party, make a note—

(a)of any question of law raised at the hearing; and

(b)of the facts in evidence in relation to any such question; and

(c)of his decision on any such question and of his determination of the proceedings.

(2)Where such a note has been taken, the judge shall (whether notice of appeal has been served or not), on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed by [F234an order under section 92 of the Courts Act 2003 (fees)], furnish him with a copy of the note, and shall sign the copy, and the copy so signed shall be used at the hearing of the appeal.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F234Words in s. 80(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 271; S.I. 2005/910, art. 3

81 Powers of Court of Appeal on appeal from county court.E+W

(1)On the hearing of an appeal, the Court of Appeal may draw any inference of fact and either—

(a)order a new trial on such terms as the court thinks just; or

(b)order judgment to be entered for any party; or

(c)make a final or other order on such terms as the court thinks proper to ensure the determination on the merits of the real question in controversy between the parties.

(2)Subject to [F235Civil Procedure Rules], on any appeal from [F103the county court] the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the county court in whole or in part, any determinations made in the county court on questions of fact, notwithstanding that the appeal is an appeal on a point of law only, or any such determinations on points of law, notwithstanding that the appeal is an appeal on a question of fact only.

(3)Subsection (2) shall not enable the Court of Appeal to reverse or vary any determination, unless the party dissatisfied with the determination would have been entitled to appeal in respect of it if aggrieved by the judgment or order.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F235Words in s. 81(2) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(8); S.I. 1999/1009, art. 3(i)

Modifications etc. (not altering text)

C35S. 81 applied by 1984 c. 42, s. 31K(7) (as inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

82 Decision of Court of Appeal on probate appeals to be final.E+W

No appeal shall lie from the decision of the Court of Appeal on any appeal from [F103the county court] in any [F236proceedings in respect of any contentious matter arising with any grant, or revocation, of probate or administration that under section 105 of the Senior Courts Act 1981 has been applied for through the principal registry of the Family Division or a district probate registry] .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F236Words in s. 82 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(32); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Certiorari and prohibitionE+W

83 Stay of proceedings in case of certiorari or prohibition.E+W

(1)The grant by the High Court of leave to make an application for an order of certiorari or prohibition to [F103the county court] shall, if the High Court so directs, operate as a stay of the proceedings in question until the determination of the application, or until the High Court otherwise orders.

(2)Where any proceedings are so stayed, F237... the county court shall from time to time adjourn the hearing of the proceedings to such day as [F238the court] thinks fit.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F237Words in s. 83(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(33)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F238Words in s. 83(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(33)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

84 Prohibition.E+W

(1)Where an application is made to the High Court for an order of prohibition addressed to [F239the county court], the matter shall be finally disposed of by order.

(2)Upon any such application, [F240no judge of the county court is to be served with notice of it or,] except by the order of a judge of the High Court—

(a)be required to appear or be heard; or

(b)be liable to any order for the payment of the costs of the application;

but the application shall be proceeded with and heard in the same manner in all respects as an appeal duly brought from a decision of [F241a judge of the county court], and notice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge [F242of the county court] in a matter within his jurisdiction.

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Amendments (Textual)

F239Words in s. 84(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F240Words in s. 84(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F241Words in s. 84(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F242Words in s. 84(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part VE+W Enforcement of Judgments and Orders

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Modifications etc. (not altering text)

C36Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)

Execution against goodsE+W

85 Execution of judgments or orders for payment of money.E+W

(1)[F243Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,]any sum of money payable under a judgment or order of [F103the county court] may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, [F244under a warrant under subsection (2).]

(2)[F245A judge of the county court,] on the application of the party prosecuting any such judgment or order, shall issue a [F246warrant of control] whereby [F247any person authorised by or on behalf of the Lord Chancellor is] empowered to [F248use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order.]

[F249(2A)The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.]

F250(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F243Words in s. 85(1) inserted by S.I. 1991/724, art. 8(2)

F245Words in s. 85(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(35)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C39S. 85(1)(2)(3) applied (1.9.1993) by S.I. 1993/2073, art.4(1).

S. 85(4) restricted (1.9.1993) by S.I. 1993/2073, art.6.

86 Execution of orders for payment by instalments.E+W

(1)Where the court has made an order for payment of any sum of money by instalments, [F251a warrant of control to recover any of that sum] shall not be issued until after default in payment of some instalment according to the order.

(2)[F252Rules of court] may prescribe the cases in which [F253a warrant of control is to be issued] if there is any such default and limit the amounts for which and the times at which [F254a warrant of control may be issued].

(3)Except so far as may be otherwise provided by [F252rules of court] made for those purposes, [F255a warrant or successive warrants of control may be issued] if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, [F256no warrant of control may be issued unless when it is issued] the whole or some part of an instalment which has already become due remains unpaid.

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Amendments (Textual)

F252Words in s. 86 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

Modifications etc. (not altering text)

C40S. 86 restricted (1.9.1993) by S.I. 1993/2073, art. 6.

87 [F257Indorsement of amount on warrant]E+W

(1)In or upon every [F258warrant of control] issued from [F103the county court] against the goods of any person, the [F259court] shall cause to be inserted or indorsed the total amount to be [F260recovered], inclusive of the fee for issuing the warrant but exclusive of the fees for its execution.

F261(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F259Word in s. 87(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(36)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C41S. 87 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

88 Power to stay execution.E+W

If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or any instalment of such a sum, the court may, in its discretion, stay any execution issued in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

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Modifications etc. (not altering text)

C42S. 88 restricted (1.9.1993) by S.I. 1993/2073, art.8.

Seizure and custody of goods etc.E+W

F26289 Goods which may be seized.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C43S. 89 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

F26290 Custody of goods seized.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C44S. 90 restricted (1.9.1993) by S.I. 1993/2073, art.10.

F26291 Disposal of bills of exchange, etc., seized.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C45S. 91 restricted (1.9.1993) by S.I. 1993/2073, art.10.

92 Penalty for rescuing goods seized.E+W

(1)If any person rescues or attempts to rescue any goods seized in execution under process of [F103the county court] , he shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding one month or to a fine of an amount not exceeding level 4 on the standard scale, or both; or

(b)on an order made by the [F263county court] in that behalf, to be committed for a specified period not exceeding one month to . . . F264 prison . . . F264or to a fine of an amount not exceeding level 4 on the standard scale or to be so committed and to such a fine.

and [F265an officer] of the court may take the offender into custody, with or without warrant, and bring him before the [F263county court] .

(2)[F266A judge of the county court] may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

[F267(3)This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F263Words in s. 92(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F265Words in s. 92(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F266Words in s. 92(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C46S. 92 restricted (1.9.1993) by S.I. 1993/2073, art.10.

Sale of goods seizedE+W

F26893 Period to elapse before sale.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F26894 Goods not to be sold except by brokers or appraisers.E+W

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Amendments (Textual)

F26895 Appoint-ment of brokers, appraisers etc.E+W

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Amendments (Textual)

F26896 Power to appoint bailiffs to act as brokers and appraisers.E+W

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Amendments (Textual)

F26897 Sales under executions to be public unless otherwise ordered.E+W

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Amendments (Textual)

F26898 Protection of registrar selling goods under execution without notice of claim by third party.E+W

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Amendments (Textual)

Claims in respect of goods seizedE+W

[F26999Endorsement of warrants of control etc.E+W

(1)This section applies to—

(a)a warrant of control issued under section 85(2);

(b)a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power.

(2)The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.

(3)No fee may be charged for endorsing a warrant under this section.]

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Amendments (Textual)

Modifications etc. (not altering text)

C47Ss. 96-99 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

F270100 Sale of goods to which claim is made.E+W

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Amendments (Textual)

101 Interpleader by registrar.E+W

(1)If a claim is made to or in respect of any goods seized in execution under process of [F103the county court] , or in respect of the proceeds or value of any such goods, the [F271court] may, as well before as after any action brought [F272in respect of the claim] , issue a summons calling before the court the party at whose instance the process issued and the party making the claim.

(2)Upon the issue of the summons, any action brought in [F273the county court or any] other court in respect of the claim or of any damage arising out of the execution of the warrant shall be stayed.

(3)On the hearing of the summons, the [F274court] shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them [F275and the person executing the warrant] upon any claim to damages arising or capable of arising out of the execution of the warrant F276..., and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.

[F277(4)This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F271Word in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F272Words in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F273Words in s. 101(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F274Word in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F275Words in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F276Words in s. 101(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(iii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C48S. 101 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

F278102 Claims for rent where goods seized in execution. E+W

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Amendments (Textual)

Execution out of jurisdiction of courtE+W

F279103 Execution out of jurisdiction of court.E+W

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Amendments (Textual)

[F280 104 Information as to writs and warrants of execution.E+W

(1)Where a writ against the goods of any person issued from the High Court is delivered to an enforcement officer who is under a duty to execute the writ or to a sheriff, then on demand from [F281a judge of ] [F103the county court] that person shall—

(a)in the case of an enforcement officer, by writing signed by that officer or a person acting under his authority, and

(b)in the case of a sheriff, by writing signed by any clerk in the office of the under-sheriff,

inform the F282... judge of the precise time the writ was delivered to him.

F283(2)[F284The person to whom a warrant issued by the county court is directed] shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer.

(3)Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from [F103the county court] shall respectively be sufficient justification to any F285... judge, or enforcement officer or sheriff, acting on it.

(4) In this section “ enforcement officer ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003. ]

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F281Words in s. 104(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F282Word in s. 104(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F283S. 104(2) amendment to earlier affecting provision 2007 c. 15 Sch. 13 para. 77 (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F285Word in s. 104(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C49S. 104 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

Execution in county court of judgments and orders of, or enforceable as judgments and orders of, High CourtE+W

F286105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Enforcement in High Court of judgments and orders of county courtsE+W

F287106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Receivers and attachment of debtsE+W

107 Receivers.E+W

(1)The power of the county court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land.

(2)The said power may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the M18Charging Orders Act 1979 for the purpose of enforcing the judgment, decree, order or award in question, and the said power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for enforcing such a charge.

(3)Where an order under section 1 of the Charging Orders Act 1979 imposing a charge for the purpose of enforcing a judgment, decree, order or award has been registered under section 6 of the M19Land Charges Act 1972, subsection (4) of that section (which provides that, amongst other things, an order appointing a receiver and any proceedings pursuant to the order or in obedience to it, shall be void against a purchaser unless the order is for the time being registered under that section) shall not apply to an order appointing a receiver made either in proceedings for enforcing the charge or by way of equitable execution of the judgment, decree, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.

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Marginal Citations

108 Attachment of debts.E+W

(1)Subject to any order for the time being in force under subsection (4), this section applies to [F288any deposit account, and any withdrawable share account, with a deposit-taker].

(2)In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the crdit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with [F289rules of court], any condition mentioned in subsection (3) which applies to the account shall be disregarded.

(3)Those conditions are—

(a)any condition that notice is required before any money or share is withdrawn;

(b)any condition that a personal application must be made before any money or share is withdrawn;

(c)any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or

(d)any other prescribed condition.

(4)The Lord Chancellor may by order make such provision as he think fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—

(a)including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;

(b)excluding from the accounts to which this section applies all accounts with any particular [F290deposit-taker] so specified or with any [F290deposit-taker] of a description so specified.

(5)An order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F288Words in s. 108(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(2)

F289Words in s. 108 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F290Words in s. 108(4)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(3)

109 Administrative and clerical expenses of garnishees.E+W

[F291(1)Where an [F292interim third party debt order] made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on [F293a deposit-taker, it] may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards [F293its administrative and clerical expenses] of the institution in complying with the order; and the right F294. . . to make a deduction under this subsection shall be exercisable as from the time the [F295interim third party debt order] is served on it.

(1A) In subsection (1) “ the relevant debt or debts ”, in relation to an [F296 interim third party debt order ] served on [F297 a deposit-taker ] , means the amount, as at the time the order is served on [F297 it ] , of the debt or debts of which the whole or a part is expressed to be attached by the order.

(1B)A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.]

(2)[F298An amount may not in pursuance of subsection (1)]be deducted or, as the case may be, retained in a case where by virtue of [F299section [F300346 of the M20Insolvency Act 1986]]or section 325 of the M21Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.

(3)In this section “prescribed” means prescribed by an order made by the Lord Chancellor.

(4)An order under this section—

(a)may make different provision for different cases; . . . F301

(b)without prejudice to the generality of paragraph (a) may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

[F302(c)may provide for this section not to apply to [F303deposit-taker] of any prescribed description.]

(5)Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F291S. 109(1),(1A),(1B) substituted for subsection (1) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(2), 65(9), Sch. 9 para. 11(2)

F293Words in s. 109(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(a)(b)

F294Words in s. 109(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(c)

F297Words in s. 109(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(3)(a)(b)

F303Words in s. 109(4)(c) substituted (1.12.2001) by virtue of S.I. 2001/3649, arts. 1, 295(4)

Marginal Citations

Miscellaneous provisions as to enforcement of judgments and ordersE+W

110 Penalty for non-attendance on judgment summons.E+W

(1)If a debtor summoned to attend [F103the county court] by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the [F304court] may adjourn or further adjourn the summons to a specified time on a specified day and order the debtor to attend at that time on that day.

(2)If—

(a)a debtor, having been ordered under subsection (1) to attend at a specified time on a specified day, fails to do so; F305. . .

(b)F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F304court] may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.

(3)In any case where the [F304court] has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the [F304court] may direct.

(4)A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.

(5)The [F304court] may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F304Word in s. 110 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(50); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

111 Provisions as to warrants of possession.E+W

(1)For the purpose of executing a warrant to give possession of any premises, it shall not be necessary to remove any goods from those premises.

(2)The duration of any warrant of possession issued by [F103the county court] to enforce a judgment or order for the recovery of land or for the delivery of possession of land shall be such as may be fixed by or in accordance with [F307rules of court].

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F307Words in s. 111 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

Part VIE+W Administration Orders

112 Power to make administration order.E+W

(1)Where a debtor—

(a)is unable to pay forthwith the amount of a judgment obtained against him; and

(b)alleges that his whole indebtedness amounts to a sum not exceeding the county court limit, inclusive of the debt for which the judgment was obtained;

[F103the county court] may make an order providing for the adminstration of his estate.

(2)In this Part of this Act—

  • administration order” means an order under this section; and

  • F308...

(3)Before an administration order is made, the [F309county court] shall, in accordance with [F310rules of court], send to every person whose name the debtor has notified to the [F309county court] as being a creditor of his, a notice that that person’s name has been so notified.

(4)So long as an administration order is in force, a creditor whose name is included in the schedule to the order shall not, without the leave of the [F309county court] , be entitled to present, or join in, a bankruptcy petition against the debtor unless—

(a)his name was so notified; and

(b)the debt by virtue of which he presents, or joins in, the petition, exceeds [F311£1500]; and

(c)the notice given under subsection (3) was received by the creditor within 28 days immediately preceding the day on which the petition is presented.

(5)An administration order shall not be invalid by reason only that the total amount of the debts is found at any time to exceed the county court limit, but in that case the court may, if it thinks fit, set aside the order.

(6)An administration order may provide for the payment of the debts of the debtor by instalments or otherwise, and either in full or to such extent as appears practicable to the court under the circumstances of the case, and subject to any conditions as to his future earnings or income which the court may think just.

(7)The Secretary of State may by regulations increase or reduce the sum for the time being specified in subsection (4)(b); but no such increase in the sum so specified shall affect any case in which the bankruptcy petition was presented before the coming into force of the increase.

(8)The power to make regulations under subsection (7) shall be exercisable by statutory instrument; and no such regulations shall be made unless a draft of them has been approved by resolution of each House of Parliament.

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Amendments (Textual)

F103Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F308Words in s. 112(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(a); S.I. 2014/954