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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

2Admiralty jurisdiction of the Liverpool Court of Passage and county courts

(1)Subject to the limitations of amount specified in subsection (2) of this section, the Liverpool Court of Passage and any county court with Admiralty jurisdiction shall have the following Admiralty jurisdiction, that is to say, jurisdiction as respects any such claims as are mentioned in paragraphs (d) to (p) of subsection (1) of the preceding section and subsections (3) and (4) of that section shall, with the necessary modifications, have effect in relation to them.

(2)The limitations of amount referred to in subsection (1) of this section are as follows, that is to say, that the court shall not have jurisdiction to hear and determine any claim mentioned in the said subsection (1) for an amount exceeding one thousand pounds, except in the case of a claim in the nature of salvage where the value of the property saved does not exceed three thousand five hundred pounds.

(3)If, as respects any proceedings as to any such claim as is mentioned in subsection (1) of this section, the parties agree, by a memorandum signed by them or by their respective solicitors or agents, that the Liverpool Court of Passage or a particular county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in subsection (2) of this section or in any rules made under subsection (3) of section ninety-nine of the County Courts Act, 1934, for prescribing the courts in which proceedings shall be brought, have jurisdiction to hear and determine the proceedings accordingly.

(4)Nothing in this section shall be taken to affect the jurisdiction of any county court to hear and determine any proceedings in which it has jurisdiction by virtue of section forty or forty-two of the County Courts Act, 1934, or the jurisdiction of the Liverpool Court of Passage to hear and determine any proceedings in which it has jurisdiction otherwise than by virtue of subsection (3) of section two hundred and forty-nine of the Liverpool Corporation Act, 1921.

(5)In section fifty-eight of the County Courts Act, 1934 (which relates to the transfer of Admiralty proceedings from the High Court to a county court) subsection (2) (which describes the claims to which that section applies) shall cease to have effect, and that section shall apply to any action where the plaintiff's claim is any such claim as is mentioned in paragraphs (d) to (p) of subsection (1) of section one of this Act and the amount claimed or remaining in dispute does not exceed the amount specified in subsection (2) of this section. The said section so applies—

(d)whether the action could or could not have been commenced in a county court; and

(b)whether the defendant does or does not set up or intend to rely on a counterclaim ; and

(c)whether the counterclaim (if any), if it had been a claim in an action, would or would not have been within the jurisdiction of a county court.

(6)Nothing in this section, or in section fifty-five of the County Courts Act, 1934, or any order made thereunder shall be taken to confer on the Liverpool Court of Passage or on a county court the jurisdiction of a Prize Court within the meaning of the Naval Prize Acts, 1864 to 1916.

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