The High Court and County Courts Jurisdiction Order 1991

Definition of value of action E+W

9.—(1) For the purposes of articles 5 and 7—

(a) the value of an action for a sum of money, whether specified or not, is the amount which the plaintiff or applicant reasonably expects to recover;

(b) an action for specified relief other than a sum of money—

(i) has a value equal to the amount of money which the plaintiff or applicant could reasonably state to be the financial worth of the claim to him, or

(ii) where there is no such amount, has no quantifiable value;

(c) an action which includes more than one claim—

(i) if one or more of the claims is of a kind specified in paragraph (b)(ii), has no quantifiable value;

(ii) in any other case, has a value which is the aggregate of the values of the claims as determined in accordance with paragraphs (a) and (b)(i).

(2) In determining the value of an action under paragraph (1), claims for—

(a) unspecified further or other relief,

(b) interest, other than interest pursuant to a contract, and

(c) costs,

shall be disregarded.

(3) In determining the value, under paragraph (1), of an action which is brought by more than one plaintiff or applicant regard shall be had to the aggregate of the expectations or interests of all the plaintiffs or applicants.

(4) In determining the value of an action under paragraph (1)(a)—

(a) the sum which the plaintiff or applicant reasonably expects to recover shall be reduced by the amount of any debt which he admits that he owes to a defendant in that action and which arises from the circumstances which give rise to the action;

(b) no account shall be taken of a possible finding of contributory negligence, except to the extent, if any, that such negligence is admitted;

(c) where the plaintiff seeks an award of provisional damages as described in section 32A(2)(a) of the Supreme Court Act 1981 M1 , no account shall be taken of the possibility of a future application for further damages;

(d) the value shall be taken to include sums which, by virtue of section 22 of the Social Security Act 1989 M2 , are required to be paid to the Secretary of State.

Modifications etc. (not altering text)

C1 Art. 9 applied (1.10.1991) by The County Court Appeals Order 1991 (S.I. 1991/1877), arts. 1, 2(5)

Marginal Citations

M1 1981 c.54.

M2 1989 c.24.