Part I Constitution and Administration
F355The county court
A1Establishment of a single county court
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 districts
F2761 County courts to be held for districts.
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F3482 County court districts etc.
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Places and times of sittings of courts
3 Places and times of sittings.
F2711
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.
F373
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F3694
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F135
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 F360this section.
4 Use of public buildings for courts.
1
Where, in any place in which a F216sitting of the county court is to be held F222or 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 F381the 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 F245sittings 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.
Judges
5F283Judges of the county court
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.
F394District judges and deputy district judges
S. 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)
6F24 District judges.
1
Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.
F323 2
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3
A reference in any enactment or other instrument to the district judge for a district or of a county court F275is—
a
if the context permits, a reference to the county court, and
b
otherwise is a reference to a judge of the county court.
F372 4
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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.
F299 7
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F387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C58F39Deputy district judges. C4
F271
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 F240Lord 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.
F401A
Any appointment of a person as a deputy district judge—
a
b
in any other case, shall not be such as toF393, 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).
F312F291B
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1C
F2151D
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2
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3
The Lord Chancellor may pay to any person appointed under this section as deputy district judgesuch remuneration and allowances as he may, with the approval of the Treasury, determine.
F3103A
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).
F304
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 F204... (1B).
9 Qualifications F32for appointment as district judge. C6
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
11 Tenure of office. C7
F441
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.
F453
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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 F14, but only with the concurrence of the Lord Chief Justice.
6
The Lord Chancellor may F15, 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.
12 Records of proceedings to be kept F242.... C8
F3211
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 F374a 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.
F163
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.
Miscellaneous provisions as to officers
13 Officers of court not to act as F46legal representatives in that court.
C91
F214A 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,
C92
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.
F3853
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F2314
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C1014 Penalty for assaulting officers.
1
If any person assaults an officer of F252the 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
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.
F3433
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Part II Jurisdiction and Transfer of Proceedings
Actions of contract and tort
C1115 General jurisdiction in actions of contract and tort.
1
2
F328The county court shall not, except as in this Act provided, have jurisdiction to hear and determine—
F49a
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b
any action in which the title to F50 . . . any toll, fair, market or franchise is in question; or
c
any action for libel of slander.
F513
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C1216 Money recoverable by statute.
F328The 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; F52 . . .
F52b
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17 Abandonment of part of claim to give court jurisdiction.
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, F362the county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon F362the 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.
18 Jurisdiction by agreement in certain actions.
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 F53legal representatives, that F362the county courtF256... shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.
F5419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of land and cases where title in question
C1321 Actions for recovery of land and actions where title is in question.
1
2
F328The county court shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F57 . . .
F57a
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F57b
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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 F362the 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 F362the 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.
F585
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F586
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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.
F5922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equity proceedings
23 Equity jurisdiction.
F328The 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, F212...
F250iii
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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, of 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.
24 Jurisdiction by agreement in certain equity proceedings.
1
If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective F60legal representatives or agents, that F362the county courtF356... 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 F362the 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
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 F8. . . 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.
Family provision proceedings
C1425 Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975.
F328The 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) F62 . . ..
Admiralty proceedings
F36826 Districts for Admiralty purposes.
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27 Admiralty jurisdiction.
F3781
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F3782
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F3783
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F3784
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F3785
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F3786
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F3787
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F3788
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9
F352The 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 F195the 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.
F6311
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F37528 Mode of exercise of Admiralty jurisdiction.
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F6429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Restrictions on entertainment of actions in personam in collision and other similar cases.
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 F65with safety regulations under section 85 of the Merchant Shipping Act 1995
2
F278The 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
F377The 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
8
This section applies F349generally 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).
31 Admiralty—interpretation.
F2971
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F1922
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.
Probate proceedings
F20932 Contentious probate jurisdiction.
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F26333 Effect of order of judge in probate proceedings.
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Miscellaneous provisions as to jurisdiction
F6634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Division of causes of action.
It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions F273the county court.
36 No action on judgment of High Court.
No action shall be brought in F313the county court on any judgment of the High Court.
Exercise of jurisdiction and ancillary jurisdiction
37 Persons who may exercise jurisdiction of court.
1
Any jurisdiction and powers conferred by this or any other F335Act on the county court may be exercised by any judge of the county court.
F2862
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F238 Remedies available in county courts.
1
Subject to what follows, in any proceedings in F313the county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.
2
Any order made by F313the county court may be –
a
absolute or conditional;
b
final or interlocutory.
3
F395Neither 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
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 regulationsF181; and
e
may make different provision for different purposes.
F234A
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 F17 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.
39 Ancillary powers of judge.
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 proceedings
F340 Transfer of proceedings to county court.
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 F313the county court it shall–
a
order the transfer of the proceedings to F313the 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.
C152
Subject to any such provision, the High Court may order the transfer of any proceedings before it to F313the 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.
F2014
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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 F313the 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 F313the 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.
F3589
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1641 Transfer to High Court by order of High Court.
C171
If at any stage in proceedings commenced in F313the county court or transferred to F313the 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
F673
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.
F442 Transfer to High Court by order of F313the county court .
1
Where F313the 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.
C182
Subject to any such provision, F313the 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 F313the 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 F313the 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 F313the 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.
F2538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Costs in transferred cases. C19
1
Where an action, counterclaim or matter is ordered to be transferred—
a
from the High Court to F313the county court ; or
F384c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F70. . ., and the costs of the whole proceedings shall be taxed in that court.
F712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Procedure
Parties
46 Proceedings by the Crown
1
Subject to the provisions of any enactment limiting the jurisdiction of F313the 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 F313the county court .
2
Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from F313the county court to the High Court and the transfer of proceedings in the High Court to F313the county court shall apply respectively to the removal or transfer of proceedings by the Crown in F313the 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.
F7247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Persons jointly liable.
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.
1
The bankruptcy of the plaintiff in any action in F313the 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.
Interim payments in pending proceedings
50 Orders for interim payment.
1
Provision may be made by F73rules 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 F73rules 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 F74Civil 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 F73rules 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.
Provisional damages for personal injuries
51 Orders for provisional damages for personal injuries.
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 F75rules of courtfor 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 F76Civil Procedure Rule Committeemay 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 F75rules 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.
Witnesses and evidence
C2155 Penalty for neglecting or refusing to give evidence.
1
Subject to subsections (2) and (3), any person who—
a
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 F285court may direct.
C222
3
No person summoned in pursuance of F87rules of court as a witness in F313the 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 F247 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.
F3534A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
This section does not apply to a debtor summoned to attend by a judgment summons.
56 Examination of witnesses abroad.
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 F313the county court as it has for the purpose of an action or matter in the High Court.
57 Evidence of prisoners.
1
Subject to subsection (2), in any proceedings pending before F313the county court , the F284court may, if it thinks fit, upon application on affidavit by any party, issue an order F370... 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.
F2655
This section applies in relation to the family court as it applies in relation to the county court.
58 Persons who may take affidavits for use in county courts.
1
An affidavit to be used in F313the county court may be sworn before—
F331a
a judge of the county court; or
b
any justice of the peace; or
F332c
an officer of the county court appointed by a judge of the county court for the purpose,
2
An affidavit F218sworn before any such judge or officer may be sworn without the payment of any fee.
F21159 Evidence in Admiralty proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right of audience
C2460 Right of audience. C23
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91
2
Where an action is brought in F313the 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,
F229then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.
C253
In this section—
“local authority” means a county council, . . . F92 a district council F93the Broads Authority, F94any National Park authority,a London borough council F95, F243a police and crime commissioner, the Mayor's Office for Policing and Crime. . . F96F97the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985, F36an 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,F34an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),F98the London Fire and Emergency Planning Authority,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.
61 Right of audience by direction of Lord Chancellor.
1
The Lord Chancellor may F18, 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 F313the county court , or in proceedings in F313the 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 F99legal representativewhether 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 F329 every place where the county court sits or as respects one or more specified places where F313the county court sits.
F1983A
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.
F195
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.
Mode of trial
62 General power of judge to determine questions of law and fact.
63 Assessors.
C261
In any proceedings F248in the county court a judge of the court may, if he thinks fit F101. . ., 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 F248in the county court a judge of the court and act as assessors.
F1022
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
Where one or more assessors are summonedfor the purposes of F104assisting F292a judge in reviewing the taxation F289... 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.
64 Reference to arbitration.
1
F105Rules of court—
a
may prescribe cases in which proceedings F279in 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
F105Rules of court—
a
may prescribe cases in which proceedings F258in 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.
F1062A
F105Rules 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 F203court .
4
5
In this section “award” includes an interim award.
65 Power of judge to refer to registrar or referee.
1
Subject to F107rules of court, F207a 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.
F2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Where any proceedings or question are referred under F379subsection (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
F233A judge of the county court may, after deciding or reserving any question of liability, F325refer 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 F293on the other judge's report.
Juries
66 Trial by jury.
1
In the following proceedings in F313the 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
iv
under Part I of the Housing Act 1988
c
any appeal to the county court under F109the Housing Act 1985.
2
In all other proceedings in F313the 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 F270... 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
67 Impanelling and swearing of jury.
F189Where 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.
68 Duty of judge to determine foreign law in jury trials.
Where, for the purpose of disposing of any proceedings which are being tried in F313the county court by F357a 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.
Interest on debts and damages
69 Power to award interest on debts and damages.
1
Subject to F110rules of court, in proceedings (whenever instituted) before F313the 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 F110rules of court, where—
a
there are proceedings (whenever instituted) before F313the 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.
F1118
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.
Judgments and orders.
70 Finality of judgments and orders.
Every judgment and order of F313the county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.
71 Satisfaction of judgments and orders for payment of money.
1
Where a judgment is given or an order is made by F313the 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 F388county court that any party to any proceedings F296in 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.
F3833
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.
72 Set-off in cases of cross judgments in county courts and High Court.
1
Where one person has obtained a judgment or order in F313the county court against another person, and that other person has obtained a judgment or order against the first-mentioned person in the F304... 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.
C542
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.
73 Register of judgments and orders.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73A Provision for register under s.73 to be kept by body under contract to Lord Chancellor
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C27C53C5774 Interest on judgment debts etc.
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 F313the 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.
F1125A
The power conferred by subsection (1) includes power to make provision enabling F313the 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).
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.
F113Practice directions
S. 74A and crossheading inserted (27.4.1997) by 1997 c. 12, s. 5(2); S.I. 1997/841, art. 3(a)
74A Practice directions.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General rules of procedure
F11475. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 Application of practice of High Court.
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 F313the county court .
Part IV Appeals etc.
Appeals
77 Appeals: general provisions.
C11
Subject to the provisions of this section and the following provisions of this Part of this Act F115and 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 F313the county court is dissatisfied with the determination of F338a 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 F116Civil Procedure Rules.
F1171A
F1192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F120section 84(2)(a) of the Housing Act 1985; or
F121ee
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
78 Assistance of Trinity masters for Court of Appeal in Admiralty proceedings.
Where, on an appeal by a party to any Admiralty proceedings which have been heard in F313the 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.
79 Agreement not to appeal.
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124
80 Judge’s note on appeal.
1
At the hearing of any proceedings in F313the 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 F10an 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.
C5581 Powers of Court of Appeal on appeal from county court.
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 F125Civil Procedure Rules, on any appeal from F313the 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.
82 Decision of Court of Appeal on probate appeals to be final.
No appeal shall lie from the decision of the Court of Appeal on any appeal from F313the county court in any F206proceedings 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 .
Certiorari and prohibition
83 Stay of proceedings in case of certiorari or prohibition.
1
The grant by the High Court of leave to make an application for an order of certiorari or prohibition to F313the 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
84 Prohibition.
1
Where an application is made to the High Court for an order of prohibition addressed to F190the county court, the matter shall be finally disposed of by order.
2
Upon any such application, F262no 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 F287a 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 F255of the county court in a matter within his jurisdiction.
C2Part V Enforcement of Judgments and Orders
Pt. 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 goods
C3C5085 Execution of judgments or orders for payment of money.
C281
F126Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,any sum of money payable under a judgment or order of F313the 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, F210under a warrant under subsection (2).
C282
F288A judge of the county court, on the application of the party prosecuting any such judgment or order, shall issue a F302warrant of control whereby F301any person authorised by or on behalf of the Lord Chancellor is empowered to F367use 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.
F2512A
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.
F340C283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C284
It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant.
C2986 Execution of orders for payment by instalments.
1
Where the court has made an order for payment of any sum of money by instalments, F387a 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
3
Except so far as may be otherwise provided by F127rules of court made for those purposes, F298a 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, F191no 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.
C3087F318Indorsement of amount on warrant
1
F3452
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3188 Power to stay execution.
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.
Seizure and custody of goods etc.
F316C3289 Goods which may be seized.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F316C3390 Custody of goods seized.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F316C3491 Disposal of bills of exchange, etc., seized.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3592 Penalty for rescuing goods seized.
1
If any person rescues or attempts to rescue any goods seized in execution under process of F313the 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
2
F267A 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.
F2253
This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
Sale of goods seized
F22493 Period to elapse before sale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22494 Goods not to be sold except by brokers or appraisers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22495 Appoint-ment of brokers, appraisers etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22496 Power to appoint bailiffs to act as brokers and appraisers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22497 Sales under executions to be public unless otherwise ordered.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22498 Protection of registrar selling goods under execution without notice of claim by third party.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Claims in respect of goods seized
C3699F188Endorsement of warrants of control etc.
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.
F193100 Sale of goods to which claim is made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C37101 Interpleader by registrar.
1
If a claim is made to or in respect of any goods seized in execution under process of F313the county court , or in respect of the proceeds or value of any such goods, the F350court may, as well before as after any action brought F320in 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 F237the 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 F254court shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them F257and the person executing the warrant upon any claim to damages arising or capable of arising out of the execution of the warrant F334..., and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.
F3304
This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
F259102 Claims for rent where goods seized in execution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Execution out of jurisdiction of court
F244103 Execution out of jurisdiction of court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C38 104 F5 Information as to writs and warrants of execution.
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 F269a judge of F313the 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 F196... judge of the precise time the writ was delivered to him.
F1972
F290The 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
4
In this section “ enforcement officer ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.
Execution in county court of judgments and orders of, or enforceable as judgments and orders of, High Court
F129105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement in High Court of judgments and orders of county courts
F130106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receivers and attachment of debts
107 Receivers.
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.
108 Attachment of debts.
1
Subject to any order for the time being in force under subsection (4), this section applies to F131any 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 credit 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 F132rules 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;
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.
109 Administrative and clerical expenses of garnishees.
F1341
Where an F175interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on F135a 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 F135its administrative and clerical expenses of the institution in complying with the order; and the right F136. . . to make a deduction under this subsection shall be exercisable as from the time the F1interim third party debt order is served on it.
1A
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
F138An amount may not in pursuance of subsection (1)be deducted or, as the case may be, retained in a case where by virtue of F139section F140346 of the M20Insolvency Act 1986or 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; . . . F141
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.
5
Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Miscellaneous provisions as to enforcement of judgments and orders
110 Penalty for non-attendance on judgment summons.
1
If a debtor summoned to attend F313the county court by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the F274court 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; F177. . .
b
F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F274court may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.
3
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 F274court 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.
111 Provisions as to warrants of possession.
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
Part VI Administration Orders
112 Power to make administration order.
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;
F313the 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
F182...
3
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 F202county 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 F146£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.
113 Notice of order and proof of debts.
Where an administration order has been made—
a
notice of the order—
i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147
ii
shall be posted F319on an appropriate website , and
iii
shall be sent to every person whose name the debtor has notified to the F202county court as being a creditor of his or who has proved;
b
any creditor of the debtor, on proof of his debt before the F185county court , shall be entitled to be scheduled as a creditor of the debtor for the amount of his proof;
c
any creditor may object in the prescribed manner to any debt scheduled, or to the manner in which payment is directed to be made by instalments;
d
any person who, after the date of the order, becomes a creditor of the debtor shall, on proof of his debt before the F217county court , be scheduled as a creditor of the debtor for the amount of his proof, but shall not be entitled to any dividend under the order until the creditors who are scheduled as having been creditors before the date of the order have been paid to the extent provided by the order.
114 Effect of administration order.
1
Subject to sections 115 and 116, when an administration order is made, no creditor shall have any remedy against the person or property of the debtor in respect of any debt—
a
of which the debtor notified the F202county court before the administration order was made; or
b
which has been scheduled to the order,
except with the leave of the F202county court , and on such terms as that court may impose.
2
Subject to subsection (3), F366when an administration order is made, the county court is to stay any proceedings in the county court which are pending against the debtor in respect of any debt so notified or scheduled, F208..., but may allow costs already incurred by the creditor, and such costs may, on application, be added to the debt.
3
The requirement to stay proceedings shall not operate F359as a requirement to stay any proceedings in bankruptcy which are pending against the debtor.
115 Execution by registrar.
1
F1491A
In subsection (1) above “the minimum amount” means £50 or such other amount as the Lord Chancellor may by order specify instead of that amount or the amount for the time being specified in such an order; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
2
Section 89 applies on an execution under this section as it applies on an execution under Part V.
F303116 Right of landlord to distrain notwithstanding order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 Appropriation of money paid under order and discharge of order.
1
Money paid into court under an administration order shall be appropriated—
a
first in satisfaction of the costs of administration (which shall not exceed 10 pence in the pound on the total amount of the debts); and
b
then in liquidation of debts in accordance with the order.
2
Where the amount received is sufficient to pay—
a
each creditor scheduled to the order to the extent provided by the order;
b
the costs of the plaintiff in the action in respect of which the order was made; and
c
the cost of the administration,
the order shall be superseded, and the debtor shall be discharged from his debts to the scheduled creditors.
Part VII Committals
C39C56118 Power to commit for contempt.
C401
If any person—
a
b
wilfully interupts the proceedings of F313the county court or otherwise misbehaves in court;
any officer of the court, with or without the assistance of any other person, may, by order of the judge, take the offender into custody and detain him until the rising of the court, and the judge may, if he thinks fit,—
i
ii
impose upon the offender, for every offence, a fine of an amount not exceeding F151£2, 500 or may both make such an order and impose such a fine.
2
F391A 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.
F2393
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119 Issue and execution of orders of committal.
1
Whenever any order or warrant for the committal of any person to prison is made or issued by F313the county court (whether in pursuance of this or any other Act or of F152rules of court), the order or warrant shall be directed to the F294officers of the court, who shall thereby by empowered to take the body of the person against whom the order is made or warrant issued.
2
It shall be the duty of every constable within his jurisdiction to assist in the execution of every such order or warrant.
3
The govenor of the prison mentioned in any such order or warrant shall be bound to receive and keep the person mentioned in it until he is lawfully discharged.
120 Prisons to which committals may be made.
121 Power of judge to order discharge.
1
If at any time it appears to the satisfaction of F227... F313the county court that any debtor arrested or confined in prison by order of the court is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of a claim or counterclaim or by way of costs or otherwise), or any instalment thereof, and ought to be discharged, F238the court may order his discharge upon such terms (including liability to re-arrest if the terms are not complied with) as F238the court thinks fit.
F180122 Execution of committal orders out of jurisdiction of court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VIII Responsibility and Protection of Officers
F336123 Registrar to have same responsibilities as sheriff.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C41124 Liability of bailiff for neglect to levy execution.
F1941
Where F235the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain F306to the court.
2
C42125 Irregularity in executing warrants.
1
No officer of F313the county court in executing any warrant of F291the court, and no person at whose instance any such warrant is executed, shall be deemed a trespasser by reason of any irregularity or informality—
a
in any proceeding on the validity of which the warrant depends; or
b
in the form of the warrant or in the mode of executing it;
butF184, except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), any person aggrieved may bring an action for any special damage sustained by him by reason of the irregularity or informality against the person guilty of it.
2
No costs shall be recovered in such an action unless the damages awarded exceed £2.
C43126 Actions against bailiffs acting under warrants.
1
No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the F322county court , unless—
a
a demand for inspection of the warrant and for a copy of it is made or left at the office of the bailiff by the party intending to bring the action, or his F154legal representativeor agent; and
b
the bailiff refuses or neglects to comply with the demand within six days after it is made.
2
The demand must be in writing and signed by the person making it.
3
If an action is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the warrant; F246...
4
F1865
This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
C44127 Warrants evidence of authority.
In any action commenced against a person for anything done in pursuance of this Act, the production of the warrant of the county court shall be deemed sufficient proof of the authority of the court previous to the issue of the warrant.
Part IX Miscellaneous and General
Financial Provisions
128 Fees.
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129 Enforcement of fines. C45
Payment of any fine imposed by F309the county court under this Act may be enforced upon the order of the F272court in like manner—
a
as payment of a debt adjudged by the court to be paid may be enforced under this Act; or
b
as payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced under the M22Magistrates’ Courts Act 1980 (disregarding section 81(1) of that Act).
130 Payment and application of fees, fines, etc.C46
1
Subject to subsection (2), all fees, forfeitures and fines payable under this Act and any penalty payable to an officer of F313the county court under any other Act shall be paid to officers designated by the Lord Chancellor and dealt with by them in such manner as the Lord Chancellor, after consultation with the Treasury, may direct.
2
Subsection (1) does not apply to fines imposed on summary conviction or to so much of a fine as is applicable under section 55(4) to indemnify a party injured.
3
The Lord Chancellor, with the concurrence of the Treasury, shall from time to time make such rules as he thinks fit for securing the balances and other sums of money in the hands of any officers of F313the county court , and for the due accounting for and application of those balances and sums.
131 Appointment of auditors and other officers.
132 Payment of salaries and expenses.
There shall be paid out of money provided by Parliament—
a
all salaries, remuneration and other sums payable under Part I of this Act or under section 131.
b
c
Summonses and other documents
133 Proof of service of summonses etc.
1
C522
Any officer of F249the court wilfully and corruptly giving a false certificate under subsection (1) in respect of the service of a summons or other process shall be guilty of an offence and, on conviction thereof, shall be removed from office and shall be liable—
a
on conviction on indictment, to imprisonment for any term not exceeding 2 years; or
b
on summary conviction, to imprisonment for any term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine.
F156134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C58135 Penalty for falsely pretending to act under authority of court.
Any person who—
a
delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of F313the county court , knowing it to be false; or
b
acts or professes to act under any false colour or pretence of the process or authority of F313the county court ;
shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.
C58136 Penalty for falsely representing document to have been issued from county court.
1
It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of F313the county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.
2
If any person contravenes this section, he shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
3
Nothing in this section shall be taken to prejudice section 135.
137 Lessee to give notice of summons for recovery of land.
1
Every lessee to whom there is delivered any summons issued from F313the county court for the recovery of land demised to or held by him, or to whose knowledge any such summons comes, shall forthwith give notice of the summons to his lessor or his bailiff or receiver.
2
If a lessee fails to give notice as required by subsection (1), he shall be liable to forfeit to the person of whom he holds the land an amount equal to the value of 3 years’ improved or rack rent of the land to be recovered by action in F339the county court or any other court having jurisdiction in respect of claims for such an amount.
Forfeiture for non-payment of rent
138 Provisions as to forfeiture for non-payment of rent.
1
This section has effect where a lessor is proceeding by action in F313the county court (being an action in which the county court has jurisdiction) to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent.
2
If the lessee pays into court F157or to the lessornot less than 5 clear days before the return day all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.
3
If—
a
the action does not cease under subsection (2); and
b
the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,
the court shall order possession of the land to be given to the lessor at the expiration of such period, not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court F157or to the lessorall the rent in arrear and the costs of the action.
4
The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection.
5
F396... if—
a
within the period specified in the order; or
b
within that period as extended under subsection (4),
the lessee pays into court F157or to the lessor—
i
all the rent in arrear; and
ii
the costs of the action,
he shall hold the land according to the lease without any new lease.
6
Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent.
7
If the lessee does not—
a
within the period specified in the order; or
b
within that period as extended under subsection (4),
pay into court F157or to the lessor—
i
all the rent in arrear; and
ii
the costs of the action,
8
The extension under subsection (4) of a period fixed by a court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court F157or to the lessorall the rent in arrear and the costs of the action within that period.
9
Where the court extends a period under subsection (4) at a time when—
a
that period has expired; and
b
a warrant has been issued for the possession of the land,
the court shall suspend the warrant for the extended period; and, if, before the expiration of the extended period, the lessee pays into court F157or to the lessorall the rent in arrear and all the costs of the action, the court shall cancel the warrant.
F1609A
Where the lessor recovers possession of the land at any time after the making of the order under subsection (3) (whether as a result of the enforcement of the order or otherwise) the lessee may, at any time within six months from the date on which the lessor recovers possession, apply to the court for relief; and on any such application the court may, if it thinks fit, grant to the lessee such relief, subject to such terms and conditions, as it thinks fit.
9B
Where the lessee is granted relief on an application under subsection (9A) he shall hold the land according to the lease without any new lease.
9C
An application under subsection (9A) may be made by a person with an interest under a lease of the land derived (whether immediately or otherwise) from the lessee’s interest therein in like manner as if he were the lessee; and on any such application the court may make an order which (subject to such terms and conditions as the court thinks fit) vests the land in such a person, as lessee of the lessor, for the remainder of the term of the lease under which he has any such interest as aforesaid, or for any lesser term.
In this subsection any reference to the land includes a reference to a part of the land.
10
Nothing in this section or section 139 shall be taken to affect—
a
the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry of forfeiture on any ground other than non-payment of rent; or
b
section 146(4) of the M23Law of Property Act 1925 (relief against forfeiture).
C47139 Service of summons and re-entry.
1
In a case where section 138 has effect, if—
a
one-half-year’s rent is in arrear at the time of the commencement of the action; and
b
the lessor has a right to re-enter for non-payment of that rent; and
F232c
the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and
d
there are not sufficient goods on the premises to recover the arrears by that power,
the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
2
Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may F161 . . .at any time within six months from the date on which the lessor re-entered apply to the county court for relief, and on any such application the court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted.
F1623
Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.
140 Interpretation of sections 138 and 139.
For the purposes of sections 138 and 139—
“lease” includes—
a
an original or derivative under-lease;
b
an agreement for a lease where the lessee has become entitled to have his lease granted; and
c
a grant at a fee farm rent, or under a grant securing a rent by condition;
“lessee” includes—
a
an original or derivative under-lessee;
b
the persons deriving title under a lessee;
c
a grantee under a grant at a fee farm rent, or under a grant securing a rent by condition; and
d
the persons deriving title under such a grantee;
“lessor” includes—
a
an original or derivative under-lessor;
b
the persons deriving title under a lessor;
c
a person making a grant at a fee farm rent, or a grant securing a rent by condition; and
d
the persons deriving title under such a grantor;
“under-lease” includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; and
“under-lessee” includes any person deriving title under an under-lesse.
Solicitors
141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163
C48C51142 Power to enforce undertakings of solicitors.
F365The county court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court.
C49143 Prohibition on persons other than solicitors receiving remuneration for business done in county courts.
F1641
No person other than —
a
a legal representative; or
b
a person exercising a right of audience or a right to conduct litigation by virtue of an order made under section 11 of the Courts and Legal Services Act 1990 (representation in county courts),
shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in F313the county court .
F1652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Replevin
144 Replevin.
Schedule 1 to this Act shall have effect.
Power to raise monetary limits
145 Power to raise monetary limits.
1
If it appears to Her Majesty in Council—
a
that the county court limit for the purposes of any enactment referring to that limit, or
b
that the higher limit or the lower limit referred to in section 20 of this Act,
should be increased, Her Majesty may by Order in Council direct that the limit in question shall be such amount as may be specified in the Order.
2
An Order under subsection (1) may contain such incidental or transitional provisions as Her Majesty considers appropriate.
F202A
It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).
3
No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
General
146 Lords Commissioners to representLord Chancellorwhen Great Seal in commission.
When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to the Appointment of officers may be exercised by the senior Lord Commissioner for the time being.
147 Interpretation.
1
In this Act, unless the context otherwise requires—
“action” means any proceedings in F313the county court which may be commenced as prescribed by plaint;
F311...
F219“Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court's Admiralty jurisdiction;
F281...
“the county court limit” means—
- a
in relation to any enactment contained in this Act for which a limit is for the time being specified by an Order under section 145, that limit,
- b
F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- c
in relation to any enactment contained in this Act and not within paragraph (a) F166 . . ., the county court limit for the time being specified by any other Order In Council or order defining the limit of county court jurisdiction for the purposes of that enactment;
- a
F167. . .
F228“court” means the county court;
F168 “ deposit-taking institution ” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom;
F230...
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“hearing” includes trial, and “Hear” and “Heard” shall be construed accordingly;
“hereditament” includes both a corporeal and an incorporeal hereditament;
F364...
“judgment summons” means a summons issued on the application of a person entitled to enforce a judgment or order under section 5 of the M24Debtors Act 1869 requiring a person, or where two or more persons are liable under the judgment or order, requiring any one or more of them, F179to attend court;
“landlord”, in relation to any land, means the person entitled to the immediate reversion or, if the property therein is held in joint tenancy, any of the persons entitled to the immediate reversion;
F169 “ legal representative ”means F35 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170
“matter” means every proceeding in F313the county court which may be commenced as prescribed otherwise than by plaint;
“officer”, F220in relation to the county court, means any clerk, bailiff, usher or messenger in the service of that court;
F264...
“party” includes every person served with notice of, or attending, any proceeding, whether named as a party to that proceeding or not;
“prescribed” means prescribed by F171rules of court;
F268...
F389...
“proceedings” includes both actions and matters;
F268...
“return day” means the day appointed in any summons or proceeding for the appearance of the defendant or any other day fixed for the hearing of any proceedings;
F167. . .
“ship” includes any description of vessel used in navigation;
“solicitor” means solicitor of the F26Senior Courts;
F172 . . .
F172 . . .
F1731A
The definition of “deposit-taking institution” in subsection (1) must be read with—
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174
148 Amendments of other Acts, transitory provisions, transitional provisions savings and repeals.
1
The enactments specified in Schedule 2 shall have effect subject to the amendments there specified.
2
This Act shall have effect subject to the transitory provisions and transitional provisions and savings contained in Schedule 3.
3
The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.
149 Extent.
1
Section 148(1) and Schedule 2 extend to Scotland so far as they amend enactments extending to Scotland.
2
Section 148(1) and Schedule 2 extend to Northern Ireland so far as they amend enactments extending to Northern Ireland.
3
Subject to subsections (1) and (2), this Act extends to England and Wales only.
150 Commencement.
This Act shall come into force on 1st August 1984.
151 Short title.
This Act may be cited as the County Courts Act 1984.
S. 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)