County Court (Amendment No. 2) Rules 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1126 |
| Year | 1991 |
1991No. 1126
COUNTY COURTS
PROCEDURE
The County Court (Amendment No. 2) Rules 1991
13thMay1991
1stJuly1991
Citation and interpretation
1.-(1) These Rules may be cited as the County Court (Amendment No. 2) Rules 1991.
(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 1981 ( a) .
Civil Justice Review: jurisdictional changes
2. Order 1, rule 3 shall be amended by inserting, after the definition of "senior master" , the following- "
"value', in relation to an action or claim, shall be construed in accordance with articles 9 and 10 of the High Court and County Courts Jurisdiction Order 1991 ( b) .
3. After Order 6, rule 1(1), there shall be inserted the following new paragraph-
"(1A) In an action for an unliquidated sum the value of the plaintiff 's claim shall, for the purposes of Order 21, rule 5(1), be treated as limited to the sum for the time being specified in sub-paragraph (b) of that paragraph, unless-
(a) the plaintiff states in his particulars of claim or otherwise that the value of his claim exceeds the said sum; or(b) the court orders otherwise;and, where a statement is made under sub-paragraph (a), the plaintiff shall forthwith file an amended statement whenever the value of his claim falls to the said sum or less.
4. For Order 9, rule 14(1)(a), there shall be substituted the following-
"(a) an action which stands referred to arbitration under Order 19, rule 2(3);" .
5. For the sum "£500" in-
(a) Order 19, rule 2(3), and(b) paragraph (8) of the terms of reference in Order 19, rule 5(2),there shall be substituted the sum "£1,000" .
(a) S.I. 1981/1687; the relevant amending instruments are S.I. 1982/436, 1140, 1794, 1983/275, 1716, 1984/878, 1985/566, 1269, 1986/636, 2001, 1988/278, 1989/236, 1838, 2426 and 1990/1764.
(b) S.I. 1991/724.
6. Order 19, rule 2(2)(a) shall be amended by omitting the words "or request for the issue of a summons" .
7. For Order 21, rule 5(1)(b), there shall be substituted the following-
"(a) any action or matter the value of which does not exceed £5,000." .
8. Nothing in rules 3 and 5 shall apply to an action commenced before 1st July 1991.
Service by post by solicitors
9. For Order 3, rule 3(1A), there shall be substituted the following-
"(1A) If the plaintiff so desires and the proper officer so allows, the summons may be prepared by the plaintiff and in that event the summons with a copy for each defendant shall be filed by the plaintiff with the documents mentioned in paragraph (1) and, where service is to be effected otherwise than by an officer of the court, a copy of the summons shall be filed for the court instead of a request." .
10. After Order 7, rule 10, there shall be inserted the following new rule-
"Service by post by solicitors
10A. -(1) In an action for personal injuries, the summons may be served in accordance with the provisions of this rule by the plaintiff 's solicitor sending it by first-class post to the defendant at the address stated in the summons.
(2) Service may be effected under this rule only where the summons has been prepared in accordance with Order 3, rule 3(1A).
(3) Where a summons is served under this rule-
(a) rules 10(3) and (4) and 13 and Order 37, rule 3 shall apply, with the necessary modifications, as if the summons had been served by post by an officer of the court;(b) rules 6(1)(b) and 10(2) shall not apply, and(c) it shall be treated, for the purposes of these rules, as if it had been served by an officer of the court.(4) Where a summons has been served under this rule and the plaintiff applies for judgment under Order 9, rule 6(1), his request under paragraph (1A)(a) of that rule shall be accompanied by an affidavit verifying that service was effected in accordance with this rule and that the summons was not returned undelivered.
11. For Order 7, rule 12, there shall be substituted the following new rule- "
"Presumed service of summons
12. Where a summons has not been served in accordance with these rules but the defendant delivers a defence, admission or counterclaim, the summons shall be deemed, unless the contrary is shown, to have been duly served on him on the date on which the defence, admission or counterclaim was so delivered.
Powers of district judges
12. For Order 13, rule 6(2), there shall be substituted the following-
"(2) Except where the district judge has power under Order 21, rule 5 or otherwise to hear and determine the proceedings in which the application is made, the application shall be made to the judge and rule 1(6) shall not apply." .
13. After Order 21, rule 5(2A), there shall be inserted the following new paragraph-
"(2B) Without prejudice to Order 50, rule 2, a district judge may, at any stage of an action or matter which he has power to hear and determine under paragraph (1) and subject to any right of appeal to the judge, exercise the same powers under section 38 of the Act as the court; but nothing in this paragraph shall authorise the district judge to commit any person to prison." .
14. For Order 22, rule 6(2), there shall be substituted the following-
"(2) The district judge may hear and determine an application under paragraph (1)." .
15. For Order 29, rule 3(2), there shall be substituted the following-
"(2) If the committal order-
(a) does not direct that any application for discharge shall be made to a judge; or(b) was made by the district judge under section 118 of the Act,any application for discharge may be made to the district judge.
16. After Order 34, rule 1, there shall be inserted the following new rule-
"Committal under section 14, 92 or 118 of the Act
1A. Rule 1(5) of Order 29 shall apply, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.
17. After Order 34, rule 4, there shall be inserted the following new rule-
"Exercise of powers by district judges
5. In relation to proceedings under section 14 or 55 of the Act, references in rules 1, 2 and 4 to the judge shall include references to the district judge."
Transfer between High Court and county court
18. Order 16, rule 6(1) shall be amended by substituting, for the words "the documents mentioned in section 40(7) or 105(3) of the Act, as the case may be" , the words "the relevant documents" .
19. At the end of Order 16, rule 6(1), there shall be added (on a new line) the following-
"In this paragraph "the relevant documents' means-
(a) the writ (or a copy thereof),(b) the order transferring the proceedings to the county court (or a copy thereof),(c) all pleadings and affidavits filed in the High Court, and(d) any documents required by the order for transfer to be filed in the county court.20. Order 16, rule 9 shall stand as paragraph (1) of that rule and after it there shall be inserted the following new paragraph-
"(2) In a case to which article 7(1) of the High Court and County Courts Jurisdiction Order 1991 applies-
(a) the grounds of the application shall be stated by reference to the criteria mentioned in article 7(5) of that Order; and(b) the application shall be supported by a statement showing whether or not the value of the action exceeds the sum for the time being specified in article 7(3) of the Order.21. For Order 25, rule 13(1), there shall be substituted the following-
"(1) Where a judgment or order is to be enforced in the High Court, the judgment creditor shall make a request to the proper officer for a certificate of judgment under Order 22, rule 8(1) and the transfer shall have effect on the grant of that certificate." .
Miscellaneous amendments
22. After Order 1, rule 11, there shall be inserted the following new rule- "
Notices about hearings
12. References in these rules to giving notice of a day fixed for a hearing shall include notice of the time of the hearing.
23. For Order 17, rule 11(2), there shall be substituted the following-
"(2) In an action to which this rule applies-
(a) except where a pre-trial review is ordered pursuant to a direction given under paragraph (4)(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) 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.24. For Order 17, rule 11(4), there shall be substituted the following-
"(4) Nothing in paragraph (3) shall-
(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 that a pre-trial review be held or fixing a date for the hearing or dismissing the proceedings or striking out any claim made therein); or(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.
25. For Order 22, rule 1(3), there shall be substituted the following-
"(3) Where judgment is entered in a default action under Order 9, rule 6(1) for payment forthwith, it shall not be necessary to draw up and serve the judgment where a request for the issue of a warrant of execution has been made." .
26. Order 26, rule 9 (costs of warrant) shall be omitted.
27. After Order 50, rule 4, there shall be inserted the following new rule- "
Preparation of documents
4A.-(1) Without prejudice to Order 3, rule 3(1A), where by or under these rules a document is to be prepared by the court, that document may, if the proper officer so allows, be prepared by the plaintiff and, where a document is so produced-
(a) the plaintiff shall not be required also to file a request (provided that where by or under...To continue reading
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