1997 No. 1838 (L.28)
COUNTY COURTS
PROCEDURE

The County Court (Forms) (Amendment) Rules 1997

Made
Coming into force
As to all provisions except Rule 2
Rule 2

1.

(1)

These Rules may be cited as the County Court (Forms) (Amendment) Rules 1997.

(2)

In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 19821 and “the main Schedule” means that Schedule.

2.

There shall be substituted in the main Schedule, for forms N.5A and N.11A2, the forms in Schedule 1 to these Rules.

3.

In—

(a)

section 4 of form N.93, and

(b)

section 4 of form N.10 (HP/CCA)4

for the words from “If your claim against the plaintiff is for more than his claim against you, you may have to pay a fee. Ask at the court office whether a fee is payable.”, there shall be substituted the words “To start your counterclaim, you may have to pay a fee. If you do, the fee will depend on the amount you are claiming. Court staff will tell you how much you have to pay.”.

4.

In section 5 of form N.9B5 for the words from “If your claim against the plaintiff is for more than the plaintiff’s claim against you, you may have to pay a fee. Ask at your local court office whether a fee is payable.”, there shall be substituted the words “To start your counterclaim, you may have to pay a fee. If you do, the fee will depend on the amount you are claiming. Court staff will tell you how much you have to pay.”.

5.

There shall be substituted in the main Schedule, for forms N.8, N.8(1), N.8(2), N.8(4), N.15, N.17, N.246, N.40, N.537, N.70, N.71, N.75, N.81, N.888, N.898, N.909, N.91, N.103, N.104 and N.107, the forms contained in Schedule 2 to these Rules.

6.

There shall be substituted in the main Schedule, for form N.16A10, the form contained in Schedule 4 to these Rules.

7.

There shall be inserted in the main Schedule, after form N.110, the form contained in Schedule 3 to these Rules.

8.

There shall be substituted, for the words “chief clerk” wherever they appear in the forms in the main Schedule, the words “court manager”.

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 198411, having made these Rules, certify them and submit them to the Lord Chancellor.
Frank J. White
Neil Butter
Helen Paling
Hugh Jones
R. Winstanley
Margaret Wilby
W. A. Vincent
Henrietta Manners
E. C. Gee

I allow these Rules, which shall come into force on 1st September 1997 except for rule 2 which shall come into force on 1st October 1997.

Irvine of Lairg, C.

SCHEDULE 1

Rule 2

SCHEDULE 2

Rule 5

SCHEDULE 3

Rule 6

SCHEDULE 4

Rule 7

(This note is not part of the Rules)

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

(a)

substitute new forms to be used under the accelerated possession procedure (rule 2);

(b)

amend the defence forms as a result of the change in the way fees for counterclaims are charged (rules 3 and 4);

(c)

substitute re-designed versions of certain forms (rule 5);

(d)

provide two new forms for use in applications for injunctions against anti-social behaviour (rules 6 and 7) and

(e)

to reflect the change in name of chief clerk (rule 8);