High Court and County Courts Jurisdiction Order 1991

Cited as:SI 1991/724
Jurisdiction:UK Non-devolved

1991No. 724 (L.5)

COUNTY COURTS

SUPREME COURT OF ENGLAND AND WALES

The High Court and County Courts Jurisdiction

Order 1991

19thMarch1991

1stJuly1991

The Lord Chancellor, in exercise of the powers conferred upon him by sections 1 and 120 of the Courts and Legal Services Act 1990 ( a) , having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:-

Title and commencement

1. This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.

Jurisdiction

2.- (1) A county court shall have jurisdiction under-

(a) sections 30, 146 and 147 of the Law of Property Act 1925 ( b) ,(b) section 58C of the Trade Marks Act 1938 ( c) ,(c) section 26 of the Arbitration Act 1950 ( d) ,(d) section 63(2) of the Landlord and Tenant Act 1954 ( e) ,(e) section 28(3) of the Mines and Quarries (Tips) Act 1969 ( f) ,(f) section 66 of the Taxes Management Act 1970 ( g) ,(g) section 41 of the Administration of Justice Act 1970 ( h)(h) section 139(5)(b) of the Consumer Credit Act 1974 ( i) ,

(a) 1990 c.41.

(b) 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) andPart II of Schedule 2.

(c) 1 & 2 Geo. 6 c.22; section 58C was inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c.48).

(d) 14 Geo. 6 c.27; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) andparagraph 22 of Schedule 2.

(e) 2 & 3 Eliz. 2 c.56; relevant amendments were made by the Administration of Justice Act 1973 (c.15), section 6 and Part I of Schedule 2.

(f) 1969 c.10; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 35 of Schedule 2.

(g) 1970 c.9; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 36 of Schedule 2.

(h) 1970 c.31; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 38 of Schedule 2.

(i) 1974 c.39; relevant amendments were made by the Administration of Justice Act 1982 (c.53), section 37 and paragraph 3 of Schedule 3 and by the County Courts Act 1984 (c.28), section 148(1) and paragraph 47 of Schedule 2.

(i) section 13 of the Torts (Interference with Goods) Act 1977 ( a) (j) section 87 of the Magistrates' Courts Act 1980 ( b) ,(k) sections 19 and 20 of the Local Government Finance Act 1982 ( c) ,(l) sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 ( d) ,(m) section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 ( e) ,(n) sections 99, 102(5), 114, 195, 204, 230, 231 and 235(5) of the Copyright, Designs and Patents Act 1988 ( f) , and(o) section 40 of the Housing Act 1988 ( g),

whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings.

(2) A county court shall have jurisdiction under-

(a) section 10 of the Local Land Charges Act 1975 ( h) , and(b) section 10(4) of the Rentcharges Act 1977 ( i),

where the sum concerned or amount claimed does not exceed £5,000.

(3) A county court shall have jurisdiction under the following provisions of the Law of Property Act 1925 ( j)where the capital value of the land or interest in land which is to be dealt with does not exceed £30,000:

(a) sections 3, 49, 66, 181, and 188;(b) proviso (iii) to paragraph 3 of Part III of Schedule 1;(c) proviso (v) to paragraph 1(3) of Part IV of Schedule 1;(d) provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.

(4) A county court shall have jurisdiction under sections 89, 90, 91 and 92 of the Law of Property Act 1925 ( k)where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed £30,000.

(5) A county court shall have jurisdiction under the proviso to section 136(1) of the Law of Property Act 1925 ( l)where the amount or value of the debt or thing in action does not exceed £30,000.

(6) A county court shall have jurisdiction under section 1(6) of the Land Charges Act 1972 ( m)-

(a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;(b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000;

(a) 1977 c.32; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 66 of Schedule 2.

(b) 1980 c.43; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 73 of Schedule 2.

(c) 1982 c.32.

(d) 1984 c.28.

(e) 1988 c.34.

(f) 1988 c.48.

(g) 1988 c.50.

(h) 1975 c.76; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 57 of Schedule 2.

(i) 1977 c.30; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 63 of Schedule 2.

(j) 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) andPart II of Schedule 2.

(k) 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) andPart II of Schedule 2.

(l) 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) andPart II of Schedule 2.

(m) 1972 c.61; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part IV of Schedule 2.

(c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the capital value of the land affected does not exceed £30,000;(d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 ( a) or an application for an order under that section relating to that land has been made to the court;(e) in a case where an application under section 23 of the Deeds of Arrangement Act 1914 ( b) could be entertained by the court.

(7) A county court shall have jurisdiction under sections 69, 70 and 71 of the Solicitors Act 1974 ( c) where a bill of costs relates wholly or partly to contentious business done in a county court and the amount of the bill does not exceed £5,000.

(8) The enactments and statutory instruments listed in the Schedule to this Order are amended as specified therein, being amendments which are consequential on the provisions of this article.

Injunctions

3. The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in a county court where a county court may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 ( d) or otherwise, grant such an injunction.

Allocation-Commencement of proceedings

4. Subject to articles 5 and 6, proceedings in which both the county courts and the High Court have jurisdiction may be commenced either in a county court or in the High Court.

5.- (1) Proceedings in which county courts have jurisdiction and which include a claim for damages in respect of personal injuries shall be commenced in a county court, unless the value of the action is £50,000 or more.

(2) In this article "personal injuries" means personal injuries to the plaintiff or any other person, and includes disease, impairment of physical or mental condition, and death.

6. Applications under section 19 of the Local Government Finance Act 1982 and appeals under section 20 of that Act shall be commenced in the High Court.

Allocation-Trial

7.- (1) Subject to the following provisions of this article, proceedings in which both the High Court and the county courts have jurisdiction may be tried in the High Court or in a county court.

(2) The following provisions of this article apply to proceedings in which both the High Court and the county courts have jurisdiction, other than proceedings mentioned in section 23, 24 or 32 of the County Courts Act 1984, save that paragraphs (3) and (4) do not apply to proceedings which have no quantifiable value.

(3) An action of which the value is less than £25,000 shall be tried in a county court unless-

(a) a county court, having regard to the criteria set out in sub-paragraphs (a) to (d) of paragraph (5), considers that it ought to transfer the action to the High Court for trial and the High Court considers that it ought to try the action; or(b) it is commenced in the High Court and the High Court, having regard to the said criteria, considers that it ought to try the action.

(4) An action of which the value is £50,000 or more shall be tried in the High Court unless-

(a) it is commenced in a county court and the county court does not, having regard to the criteria set out in sub-paragraphs (a) to (d) of paragraph (5), consider that the action ought to be transferred to the High Court for trial; or

(a) 1983 c.19.

(b) 4 & 5 Geo. 5 c.47.

(c) 1974 c.47; relevant amendments were made by the Administration of Justice Act 1982 (c.53), section 37 and Part II of Schedule 3, and by the County Courts Act 1984 (c.28), section 148(1) and paragraph 50 of Schedule 2.

(d) 1984 c.28; section 38 was replaced by the Courts and Legal Services Act 1990 (c.41), section 3.

(b) the High Court, having regard to the said criteria, considers that it ought to transfer the case to a county court for trial.

(5) The High Court and the county courts, when considering whether to exercise their powers under section 40(2), 41(1) or 42(2) of the County Courts Act 1984 (Transfer) ( a) shall have regard to the following criteria-

(a) the financial substance of the action, including the value of any counterclaim,(b) whether the action is otherwise important and, in particular, whether it...

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