The County Court (Amendment) Rules 1994

Statutory Instruments

1994 No. 306 (L.1)

COUNTY COURTS

PROCEDURE

The County Court (Amendment) Rules 1994

Made

10th February 1994

Coming into force

7th March 1994

1.  These Rules may be cited as the County Court (Amendment) Rules 1994.

2.  After Order 38, rule 3(2) of the County Court Rules 1981(1), there shall be inserted the following—

“(2A) Scales 1 and 2 shall not apply to determine the amount of costs to be allowed to the extent that regulations made under the Legal Aid Act 1988(2) determine the amount of costs payable to legal representatives in relation to proceedings to which this Order applies.”.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(3), 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.

Frank J. White

R. H. Hutchinson

J. H. Wroath

Neil Butter

Helen Paling

Margaret Wilby

W. A. Vincent

Peter Birts

Henrietta Manners

E. C. Gee

R. J. Winstanley

I allow these Rules, which shall come into force on 7th March 1994.

Mackay of Clashfern, C.

Dated 10th February 1994

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as to disapply scales 1 and 2 of the scales of costs in cases where the sums payable to legal representatives for work done in civil proceedings are prescribed under regulations made under the Legal Aid Act 1988.

(1)

S.I. 1981/1687; the relevant amending instruments are S.I. 1991/1328 and 1992/1965.

(2)

1988 c. 34.

(3)

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