The County Court (Forms) (Amendment No. 4) Rules 1995

Statutory Instruments

1995 No. 3278 (L.19)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 4) Rules 1995

Made

18th December 1995

Coming into force

8th January 1996

1.—(1) These Rules may be cited as the County Court (Forms) (Amendment No. 4) Rules 1995.

(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982(1) and “the main Schedule” means that Schedule.

2.  In the notes on the back of Forms N1 and N1(SPC), for the words “I want to make a claim against the plaintiff (counterclaim)”, there shall be substituted the words “If you want to make a claim against the plaintiff (counterclaim)”.

3.  In Section 5 of Form N9—

(1) after the words “If the total the plaintiff is claiming is £3,000 or less”, there shall be inserted the words “and/or his claim for personal injury is worth £1,000 or less,”;

(2) after the words “If the total the plaintiff is claiming is more than £3,000”, there shall be inserted the words “and/or he is claiming more than £1,000 for damages for personal injury,”.

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), having made these Rules, certify them and submit them to the Lord Chancellor.

Frank J. White

Neil Butter

Helen Paling

J. H. Wroath

Hugh Jones

Margaret Wilby

W. A. Vincent

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 8th January 1996.

Mackay of Clashfern, C.

Dated 18th December 1995

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as to make corrections in the new forms of summons and one of the forms of defence which were introduced by the County Court (Forms) (Amendment No. 3) Rules 1995 (S.I.1995/2839).

(1)

S.I. 1982/586, the relevant amendments are S.I. 1984/879, 1986/1505, 1988/279, 1989/886, 1918, 1990/517, 1991/1132, 1992/2040, 1993/712, 1994/2110 and 1995/2839.

(2)

1984 c. 28; section 75 was amended by the Courts and Legal Services Act 1990 (c. 41), sections 2(4) and 16 and Schedule 18, paragraph 47.