County Court (Amendment No. 3) Rules 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/1764 |
| Year | 1990 |
1990 No. 1764 (L. 17)
COUNTY COURTSPROCEDURE
The County Court (Amendment No. 3) Rules 1990
Made 23th August 1990
Citation and interpretation
1.—(1) These Rules may be cited as the County Court (Amendment No. 3) Rules 1990.
(2) In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 19811.
Automatic directions
2. For Order 3, rule 3(2)(a), there shall be substituted the following–
“
(a)
(a) enter a plaint in the records of the court and in the case of a fixed date action to which Order 17, rule 11 does not apply fix the return day;
3. For Order 3, rule 3(3), there shall be substituted the following new paragraph–
“
3 In the case of a fixed date action to which Order 17, rule 11 does not apply, the return day shall, unless the court otherwise directs or paragraph (4) applies, be a day fixed for the pre-trial review.
4. In Order 8, rule 2(3), for the words “a default action”, there shall be substituted the words “a default action or in a fixed date action to which Order 17, rule 11 applies”.
5. For Order 8, rule 2(4), there shall be substituted the following new paragraph–
“
4 Where an originating process in a fixed date action to which Order 17, rule 11 does not apply is to be served out of England and Wales under paragraph (2) the court shall fix the return day having regard to the distance of the country of service.
6. In Order 8, rule 7(a), for the words “a default summons”, there shall be substituted the words “a default or fixed date summons to which Order 17, rule 11 applies”.
7. After Order 9, rule 4, there shall be inserted the following new rule–
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Judgment in default in fixed date action
4A. Where, in a fixed date action to which Order 17, rule 11 applies, the defendant fails to deliver a defence within the period of 14 days mentioned in rule 2, the plaintiff may apply to the court for judgment or directions as to the conduct of the proceedings and the court may, subject to the provisions of these rules, give such judgment or directions on the application as it thinks just.
8. In Order 9, rule 5, for the words “Subject to Order 17, rule 11,” there shall be substituted the words “Except in a case to which Order 17, rule 11 applies,”.
9. Order 9, rule 9(1) shall be amended–
(a) by inserting, after the words “in a fixed date action, before”, the words “the entry of judgment under rule 4A or”;
(b) by inserting, after the words “before the return day”, the words “, whichever is the earlier”.
10. For Order 12, rule 1(2), there shall be substituted the following–
“
2 A third party notice shall not be issued without the leave of the court–
(a) in a fixed date action,
(b) in a default action where a day has been fixed under rule 3(9) or 5 of Order 9 for the hearing or pre-trial review of the action, or
(c) in an action to which Order 17, rule 11 applies, after the pleadings are deemed to be closed in accordance with paragraph (11)(a) of that rule.
11. For Order 14, rule 1(5), there shall be substituted the following–
“
5 A copy of a list of documents made in compliance with an order or request, and any affidavit verifying such a list, shall be served on the applicant.
12. After Order 16, rule 4(5), there shall be inserted the following new paragraph–
“
5A Nothing in paragraph (5) shall require the proper officer to fix a day in an action to which Order 17, rule 11 applies.
13. After Order 16, rule 6(1), there shall be inserted the following new paragraph–
“
1A Nothing in paragraph (1) shall require the proper officer to fix a day in an action to which Order 17, rule 11 applies unless
(a) before it was transferred to a county court the action had been set down for hearing in the High Court; or
(b) a request for a day to be fixed is made pursuant to directions under Order 17, rule 11.
14. For Order 17, rule 11, there shall be substituted the following new rule–
“
Automatic directions
11.—(1) This rule applies to any default or fixed date action except–
(a)
(a) an action for the administration of the estate of a deceased person;
(b)
(b) an Admiralty action;
(c)
(c) proceedings which are referred for arbitration under Order 19;
(d)
(d) an action arising out of a regulated consumer credit agreement within the meaning of the Consumer Credit Act 19742;
(e)
(e) an action for the delivery of goods;
(f)
(f) an action for the recovery of income tax;
(g)
(g) interpleader proceedings or an action in which an application is made for relief by way of interpleader;
(h)
(h) an action of a kind mentioned in section 66(3) of the Act (trial by jury);
(i)
(i) an action for the recovery of land;
(j)
(j) a partnership action;
(k)
(k) an action to which Order 48A applies (patent actions);
(l)
(l) a contentious probate action;
(m)
(m) a rent action;
(n)
(n) an action to which Order 5, rule 5 applies (representative proceedings);
(o)
(o) an action to which Order 9, rule 3(9) applies (admission of part of plaintiff’s claim);
(p)
(p) an action on a third party notice or similar proceedings under Order 12;
(q)
(q) an action to which Order 47, rule 3 applies (actions in tort between husband and wife).
(2) In an action to which this rule applies,–
(a)
(a) the foregoing provisions of this Order shall not apply and directions shall take effect automatically in accordance with the following paragraphs of this rule;
(b)
(b) where the court gives directions with regard to any matter arising in the course of proceedings, directions taking effect automatically under this rule shall have effect subject to any directions given by the court.
(3) When the pleadings are deemed to be closed, the following directions shall take effect–
(a)
(a) there shall be discovery of documents within 28 days, and inspection within 7 days thereafter, in accordance with paragraph (5);
(b)
(b) except with the leave of the court or where all parties agree–
(i) no expert evidence may be adduced at the trial unless the substance of that evidence has been disclosed to the other parties in the form of a written report within 10 weeks; and
(ii) subject to paragraph (7), the number of expert witnesses of any kind shall be limited to two;
(c)
(c) photographs and sketch plans and, in an action for personal injuries, the contents of any police accident report book shall be receivable in evidence at the trial and shall be agreed if possible;
(d)
(d) unless a day has already been fixed, the plaintiff shall within 6 months request the proper officer to fix a day for the hearing and rule 12 shall apply where such request is made.
(4) Nothing in paragraph (3) shall–
(a)
(a) prevent the court from giving, of its own motion or on the application of any party, such further or different directions or orders as may in the circumstances be appropriate (including an order fixing a date for the hearing or dismissing the proceedings or striking out any claim made therein); or
(b)
(b) prevent the making of an order for the transfer of the proceedings to the High Court or another county court;
and rule 3 shall apply where an application is made under this paragraph as it applies to applications made on a pre-trial review.
(5) Subject to paragraph (6), the parties must make discovery by serving lists of documents and–
(a)
(a) subject to sub-paragraph (c), each party must make and serve on every other party a list of documents which are or have been in his possession, custody or power relating to any matter in question between them in the action;
(b)
(b) the court may, on application,–
(i) order that discovery under this paragraph shall be limited to such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order, or
(ii) if satisfied that discovery by all or any of the parties is not necessary, order that there shall be no discovery of documents by any or all of the parties;
and the court shall make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs;
(c)
(c) where liability is admitted or in an action for personal injuries arising out of a road accident, discovery shall be limited to disclosure of any documents relating to the amount of damages;
(d)
(d) the provisions of Order 14 of these rules relating to inspection of documents shall apply where discovery is made under this paragraph as it applies where discovery is made under that Order.
(6) Discovery under paragraph (5) shall not apply in proceedings to which the Crown is a party.
(7) In an action for personal injuries–
(a)
(a) the number of expert witnesses shall be limited in any case to two medical experts and one expert of any other kind;
(b)
(b) nothing in paragraph (3) shall require a party to produce a further medical report if he proposes to rely at the trial only on the report provided pursuant to Order 6, rule 1(5) or (6) but, where a further report is disclosed, that report shall be accompanied by an amended statement of the special damages claimed, if appropriate.
(8) Where the...
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