County Court Remedies Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1222 |
1991 No. 1222 (L.8)
COUNTY COURTS
The County Court Remedies Regulations 1991
Made 21th May 1991
Coming into force 1st July 1991
The Lord Chancellor, in exercise of the powers conferred on him bysection 38 of the County Courts Act 19841, hereby makes the following Regulations a draft of whichhas, in accordance with section 38(7) of that Act, been laid before andapproved by resolution of each House of Parliament:—
1. These Regulations may be cited as the County Court RemediesRegulations 1991 and shall come into force on 1st July 1991.
2. In these Regulations,“prescribed relief” means relief of any of the following kinds—
(a) an order requiring a party to admit any other party to premises forthe purpose of inspecting or removing documents or articles which mayprovide evidence in any proceedings, whether or not the proceedings havebeen commenced;
(b) an interlocutory injunction—
(i) restraining a party from removing from the jurisdiction of the HighCourt assets located within that jurisdiction; or
(ii) restraining a party from dealing with assets whether located withinthe jurisdiction of the High Court or not.
3.—(1) Subject to the following provisions of this regulation, a countycourt shall not grant prescribed relief or vary or revoke an order madeby the High Court granting such relief.
(2) Paragraph (1) shall not apply to—
(a)
(a) any county court held by a judge of the Court of Appeal or judge ofthe High Court sitting as a judge for any county court district;
(b)
(b) a patents county court held by a person nominated under section 291of the Copyright, Designs and Patents Act 19882to sit as a judge of that court.
(3) A county court may grant relief of a kind referred to in regulation2(b)—
(a)
(a) when exercising jurisdiction in family proceedings within themeaning of Part V of the Matrimonial and Family Proceedings Act 19843;
(b)
(b) for the purpose of making an order for the preservation, custody ordetention of property which forms or may form the subject matter ofproceedings, or
(c)
(c) in aid of execution of a judgment or order made in proceedings in acounty court to preserve assets until execution can be levied upon them.
(4) Paragraph (1) shalll not—
(a)
(a) affect or modify powers expressly conferred on a county court by...
To continue reading
Request your trial