County Courts (Interest on Judgment Debts) Order 1991
| Jurisdiction | UK Non-devolved |
1991 No. 1184 (L. 12)
COUNTY COURTS
The County Courts (Interest on Judgment Debts) Order 1991
Made 20th May 1991
Laid before Parliament 10th June 1991
Coming into force 1st July 1991
The Lord Chancellor, in exercise of the powers conferred on him bysection 74 of the County Courts Act 19841and with the concurrence of the Treasury, hereby makesthe following Order:
Citation, commencement, interpretation and savings
1.—(1) This Order may be cited as the County Courts (Interest on JudgmentDebts) Order 1991 and shall come into force on 1st July 1991.
(2) In this Order, unless the context otherwise requires,—
“administration order” means an order under section 112 of the 1984 Act;
“given”, in relation to a relevant judgment, means“given or made”;
“judgment creditor” means the person who has obtained or is entitled to enforce therelevant judgment and“debtor” means the person against whom it was given;
“judgment debt” means a debt under a relevant judgment;
“relevant judgment” means a judgment or order of a county court for the payment of asum of money of not less than £5,000 and, in relation to ajudgment debt, means the judgment or order which gives rise to thejudgment debt;
“the 1984 Act” means the County Courts Act 1984.
(3) Where in accordance with the provisions of this Order interestceases to accrue on a specified day, interest shall cease to accrue atthe end of that day.
(4) Nothing in this Order shall apply where the relevant judgment isgiven before1st July 1991.
The general rule
2.—(1) Subject to the following provisions of this Order, every judgmentdebt under a relevant judgment shall, to the extent that it remainsunsatisfied, carry interest under this Order from the date on which therelevant judgment was given.
(2) In the case of a judgment or order for the payment of a judgmentdebt, other than costs, the amount of which has to be determined at alater date, the judgment debt shall carry interest from that later date.
(3) Interest shall not be payable under this Order where the relevantjudgment—
(a)
(a) is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 19742;
(b)
(b) grants—
(i) the landlord of a dwelling house, or
(ii) the mortgagee under a mortgage of land which consists of or includesa dwelling house,
a suspended order for possession.
(4) Where the relevant judgment makes financial provision for thespouse or a child, interest shall only be payable on an order for thepayment of not less than £ 5,000 as a lump sum(whetheror not the sum...
To continue reading
Request your trial