2014 No. 821 (L. 12)
Senior Courts Of England And Wales County Court, England And Wales

The High Court and County Court Jurisdiction (Amendment) Order 2014

Made
Laid before Parliament
Coming into force
The Lord Chancellor, in exercise of the powers conferred by sections 1 and 120 of the Courts and Legal Services Act 19901, having consulted in accordance with section 1(9) of that Act and with the concurrence of the Lord Chief Justice as required by section 1(1A) of that Act, makes the following Order:

Commencement and citation1.

This Order may be cited as the High Court and County Court Jurisdiction (Amendment) Order 2014 and shall come into force on 22nd April 2014.

Amendment of the 1991 Order2.

(1)

The High Court and County Courts Jurisdiction Order 19912 (“the 1991 Order”) is amended in accordance with this article.

(2)

In the table of contents, in the entry for article 3, omit “— Commencement of proceedings”;

(3)

Unless otherwise amended by this Order—

(a)

for “A county court”, in each place, substitute “The County Court”; and

(b)

for “a county court”, in each place, substitute “the County Court”.

(4)

In article 1A—

(a)

in paragraph (a), at the end, omit “and”;

(b)

in paragraph (b), at the end, for “.” substitute “; and”; and

(c)

after paragraph (b) insert—

“(c)

“the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 20143.”.

(5)

In article 2—

(a)

in paragraph (1), in the words which follow subparagraph (r), omit the words from “except as provided” to the end;

(b)

in paragraph (7A) for “A patents county court and the county courts listed in paragraph (7B)” substitute “The County Court”; and

(c)

for paragraph (7B) substitute—

“(7B)

The County Court has jurisdiction in respect of any contentious probate matter arising in connection with an application for the grant or revocation of probate or administration where—

(a)

the grant or application is made through the principal registry of the Family Division or a district probate registry under section 105 of the Senior Courts Act 19814; and

(b)

it is shown to the satisfaction of the County Court that the value of the deceased’s net estate at the date of death does not exceed £30,000.

(7C)

In paragraph (7B), “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property the deceased was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.”; and

(d)

omit paragraph (8).

(6)

In article 4—

(a)

in the heading to the article, omit “— Commencement of proceedings”;

(b)

for “and 6B” substitute “to 6E,”; and

(c)

for “county courts” substitute “County Court”.

(7)

In article 4A—

(a)

for “county courts have” substitute “County Court has”; and

(b)

for “£25,000” substitute “£100,000”.

(8)

After article 6B, insert—

“6C.

Proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of the Insolvency Act 19865.

6D.

Proceedings under section 1 of the Variation of Trusts Act 19586 may be commenced and taken only in the High Court.

6E.

Proceedings under sections 98, 641(1)(b) and 645 to 651 of the Companies Act 20067 may be commenced and taken only in the High Court.

6F.

The enactments listed in Part 1 of the Schedule to this Order are amended as specified therein, being amendments which are consequential on the amendments in articles 6C to 6E.”.

(9)

In article 8A, in paragraph (1), for “Northampton” substitute “the”.

(10)

In the Schedule—

(a)

in Part I—

(i)

for “Article 2(8)” substitute “Article 6F”; and

(ii)

under the subheading “Acts” insert—

“Chapter

Short title

Amendment

1984 c.28

The County Courts Act 1984

In section 23(b)—

(a) in sub-paragraph (ii) omit “or”; and

(b) omit sub-paragraph (iii).

1986 c.45

The Insolvency Act 1986

In section 117, after subsection (2) insert—

“(2A)

Despite subsection (2), proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of this Act.”.

2006 c.26

The Companies Act 2006

(1) In section 98, after subsection (6) insert—

“(7)

In this section and section 99(3) “the court”, in England and Wales, means the High Court”.

(2) In section 641, after subsection (6) insert—

“(7)

In subsection (1)(b), section 91(5)(b)(iii), sections 645 to 651 (except in the phrase “sanctioned by the court under Part 26”) and 653(1) “the court” means, in England and Wales, the High Court.”.

(b)

in Part II omit the entries for S.I. 1981/1123 (the County Court Jurisdiction Order 19818).

Transitional provision3.

The amendments made by article 2(8) and (10)(a), in so far as they apply to inserted articles 6D and 6E, do not apply to proceedings commenced before 22nd April 2014.

Signed by authority of the Lord Chancellor

Edward Faulks
Minister of State
Ministry of Justice

I concur

Thomas of Cwmgiedd
Lord Chief Justice
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the High Court and County Courts Jurisdiction Order 1991 (“the 1991 Order”) by—

(a)

substituting “the County Court” for references to “a county court”, following the coming into force of section 17 of, and Schedule 9 to, the Crime and Courts Act 2013 (c.22) (“the 2013 Act”), which establishes a single County Court for England and Wales, replacing the structure of individual county courts for specific districts which previously exercised jurisdiction;

(b)

conferring jurisdiction on the County Court in respect of contentious probate proceedings where the net value of the deceased’s estate does not exceed £30,000, jurisdiction having previously been revoked by the 2013 Act;

(c)

increasing from £25,000 to £100,000 the sum below which a claim for money (except for personal injury claims) must be started in the County Court);

(d)

specifying that, in those cases where a company’s registered office is in the London insolvency district, winding up proceedings under the Insolvency Act 1986 (c.45) may only be commenced in the High Court (consequential amendments are also made to section 117 of the Insolvency Act 1986 (c.45));

(e)

specifying that proceedings under section 1 of the Variation of Trusts Act 1958 (c.62) and section 98 and Part 17 Chapter 10 (reduction of share capital) of the Companies Act 2006 (c.46), in respect of which the High Court and County Court previously had concurrent jurisdiction, may only be commenced and taken in the High Court (consequential amendments are also made to section 23 of the County Courts Act 1984 (c.28) and sections 98 and 641 of the Companies Act 2006 (c.46));

(f)

making further consequential amendments, including omitting references to patents county courts, following the coming into force of the 2013 Act; and

(g)

amending Part II of the Schedule to the 1991 Order by omitting references to the County Courts Jurisdiction Order 1981 (SI 1981/1123), which was revoked by SI 2014/503.