The County Court (Forms) (Amendment) Rules 1989

Statutory Instruments

1989 No. 886 (L.10)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment) Rules 1989

Made

19th May 1989

Coming into force

18th July 1989

1.—(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1989.

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

2.  There shall be substituted in the main Schedule, for forms N.1, N.2 and N.12 (and N.12 where it appears in forms N.3, N.4, N.5, N.6, N.7, N.96, N.97, N.98 and N.99), the forms contained in Schedule 1 to these Rules.

3.  For form N.30 in the main Schedule, there shall be substituted the forms contained in Schedule 2 to these Rules.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.

C. S. Stuart-White,

R. Lockett,

A. N. Fricker,

R. Greenslade,

Patrick Eccles,

Gillian Stuart-Brown,

Deirdre McKinney,

R. E. Hammerton,

K. H. P. Wilkinson,

Timothy Stow,

R. C. Newport.

I allow these Rules, which shall come into force on 18th July 1989.

Mackay of Clashfern, C.

Dated 19th May 1989

Rule 2

SCHEDULE 1

DEFAULT SUMMONS (FIXED AMOUNT) (Order 3, rule 3(2)(b))

DEFAULT SUMMONS (AMOUNT NOT FIXED) (Order 3, rule 3(2)(b))

CERTIFICATE OF SERVICE (Order 7, rule 6(1)(a) and (2))

Rule 3

SCHEDULE 2

JUDGMENT FOR PLAINTIFF (PAYMENT BY INSTALMENT) (Order 22, rule 1(1))

JUDGMENT FOR PLAINTIFF (SINGLE PAYMENT) (Order 22, rule 1(1))

JUDGMENT FOR PLAINTIFF – DISPOSAL (WITHOUT HEARING) (SINGLE PAYMENT OR INSTALMENT) (Order 9, rule 3)

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as–

(a) to substitute new forms of default summons (fixed amount) (N.1), default summons (amount not fixed) (N.2) and certificate of service (N.12) (rule 2); and

(b) to provide new forms of judgment for plaintiff (N.30, N.30(1) and N.30(2)) (rule 3).

(1)

S.I. 1982/586; the relevant amending instruments are S.I. 1983/1715, 1986/1505.

(2)

1984 c. 28.