The County Court (Amendment No. 3) Rules 1991

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as to—

(a) require a certificate as to interest to be given where interest is claimed on a judgment debt (rule 2);

(b) enable court staff to make a consolidated attachment of earnings order where an application for a further attachment of earnings order is made in respect of the same debtor (rules 3 and 4);

(c) revise the procedure for applications for charging orders against assets held on trust, clarifying the requirements for the affidavit accompanying the application and providing for automatic service of the charging order nisi on the trustee of an asset the legal interest in which is to be charged (rules 5 and 6);

(d) revise the provisions as to costs (rules 7 to 10);

(e) provide for the use of mechanical recording equipment in trial centres (rules 11 and 12);

(f) make some amendments consequential on the abolition by the Courts and Legal Services Act 1990 (c. 41) and by the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724) of many of the county court limits on jurisdiction (rules 13 to 17);

(g) make a drafting correction to Order 9, rule 2(8) (as inserted by the County Court (Amendment No. 2) Rules 1991, S.I. 1991/1126) (rule 18);

(h) make it clear that automatic directions apply to cases transferred down from the High Court (rule 19).