Part IE+W Constitution and Administration

[F1The county courtE+W

A1Establishment of a single county courtE+W

(1)There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The county court is to be a court of record and have a seal.]

County courts and districtsE+W

F21 County courts to be held for districts.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 County court districts etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Places and times of sittings of courtsE+W

3 Places and times of sittings.E+W

[F4(1)Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

(1A)Sittings of the county court at any place may be continuous or intermittent or occasional.

(2)Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

(2A)The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.]

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under [F8this section].]

4 Use of public buildings for courts.E+W

(1)Where, in any place in which a [F9sitting of the county court is to be] held [F10or a sitting of the family court is held], there is a building, being a town hall, court-house or other public building belonging to any local or other public authority, that building shall, with all necessary rooms, furniture and fittings in it, be used for the purpose of holding [F11the sitting of] the court, without any charge for rent or other payment, except the reasonable and necessary charges for lighting, heating and cleaning the building when used for that purpose.

(2)Where any such building is used for the purpose of holding [F12sittings of the county court,] the sittings of the court shall be so arranged as not to interfere with the business of the local or other public authority usually transacted in the building or with any purpose for which the building may be used by virtue of any local Act.

(3)This section shall not apply to any place in which a building was erected before 1st January 1889 for the purpose of holding and carrying on the business of a county court.

JudgesE+W

[F135Judges of the county courtE+W

(1)A person is a judge of the county court if the person—

(a)is a Circuit judge,

(b)is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or

(c)is within subsection (2),

F14...

(2)A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—

(a)is the Lord Chief Justice,

(b)is the Master of the Rolls,

(c)is the President of the Queen's Bench Division,

(d)is the President of the Family Division,

(e)is the Chancellor of the High Court,

(f)is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(g)is the Senior President of Tribunals,

(h)is a puisne judge of the High Court,

(i)is a deputy judge of the High Court,

(j)is the Judge Advocate General,

(k)is a Recorder,

(l)is a person who holds an office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),

(m)is a deputy district judge appointed under section 102 of that Act,

(n)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(o)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(p)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(q)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r)is a District Judge (Magistrates' Courts),

(s)is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(u)is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or

(v)is a member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F15District judges and deputy district judges]E+W

[F166 District judges.E+W

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A reference in any enactment or other instrument to the district judge for a district or of a county court [F18is—

(a)if the context permits, a reference to the county court, and

(b)otherwise is a reference to a judge of the county court.]

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A district judge is to be paid such salary [F20and such allowances] as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6)A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

8[F23Deputy district judges]. E+W

[F24(1)If it appears to the [F25Lord Chief Justice] that it is expedient to do so in order to facilitate the disposal of business in the county [F26court or any other court or tribunal to which a person appointed under this subsection may be deployed], he may appoint a person to be a deputy district judge.

(1ZA)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.]

F27(1ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(1ZC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28[F29(1A)Any appointment of a person as a deputy district judge must not be such as to, or be extended so as to, extend beyond the day on which the person attains the age of 75.]

F30[F31(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)A deputy district judge appointed under this section F32... has F33... the same powers as if he were a district judge [F34other than a district judge's power to act in a district registry of the High Court].

F35(1D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Lord Chancellor may pay to any person appointed under this section as [deputy district judge]such remuneration and allowances as he may, with the approval of the Treasury, determine.

[F36(3A)A person appointed under this section may be removed from office as a deputy district judge—

(a)only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(3B)Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(3C)Extension under subsection (3B)—

(a)requires the person's agreement,

(b)is to be for such term as the Lord Chancellor thinks fit, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(3D)Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(3E)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).]

[F37(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection F38... (1B).]]

9 Qualifications [F39for appointment as district judge]. E+W

No person shall be appointed a [F40district judge], F41. . . F42. . . unless [F43he satisfies the judicial-appointment eligibility condition on a 5-year basis.]

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44E+W

11 Tenure of office. E+W

[F45(1)This subsection applies to the office of district judge.

(2)Subject to the following provisions of this section F46..., a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of [F4775].]

F48(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.

(5)The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor [F49, but only with the concurrence of the Lord Chief Justice].

(6)The Lord Chancellor may [F50, with the concurrence of the Lord Chief Justice,] also remove such a person from his office on account of inability to perform the duties of his office.

12 Records of proceedings to be kept F51.... E+W

[F52(1)The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.]

(2)Any entry in a book or other document required by the said regulations to be kept for the purposes of this section, or a copy of any such entry or document purporting to be signed and certified as a true copy by [F53a judge of the county court], shall at all times without further proof be admitted in any court or place whatsoever as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.

[F54(3)The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Miscellaneous provisions as to officersE+W

13 Officers of court not to act as [F55legal representatives] in that court.E+W

(1)[F56A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

(a)the judge,

(b)a partner or employer of the judge,

(c)a body of which the judge is a member or officer, or

(d)a body of whose governing body the judge is a member,

is] directly or indirectly engaged as [F55legal representative] or agent for any party F57....

(2)Every person who contravenes this section shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Penalty for assaulting officers.E+W

(1)If any person assaults an officer of [F60the county court] while in the execution of his duty, he shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 5 on the standard scale, or both; or

(b)on an order made by the [F61court] in that behalf, to be committed for a specified period not exceeding 3 months to . . . F62prison . . . F62or to such a fine as aforesaid, or to be so committed and to such a fine,

and [F63an officer] of the court may take the offender into custody, with or without warrant, and bring him before the [F61court].

(2)The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

F64(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W Jurisdiction and Transfer of Proceedings

Actions of contract and tortE+W

15 General jurisdiction in actions of contract and tort.E+W

(1)Subject to subsection (2), [F65the county court] shall have jurisdiction to hear and determine any action founded on contract or tort F66 . . ..

(2)[F67The county court] shall not, except as in this Act provided, have jurisdiction to hear and determine—

F68(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any action in which the title to F69 . . . any toll, fair, market or franchise is in question; or

(c)any action for libel of slander.

F70(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 Money recoverable by statute.E+W

[F67The county court] shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—

(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F71 . . .

F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 Abandonment of part of claim to give court jurisdiction.E+W

(1)Where a plaintiff has a cause of action for more than the county court limit in which, if it were not for more than the county court limit, [F65the county court] would have jurisdiction, the plaintiff may abandon the excess, and thereupon [F65the county court] shall have jurisdiction to hear and determine the action, but the plaintiff shall not recover in the action an amount exceeding the county court limit.

(2)Where the court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

18 Jurisdiction by agreement in certain actions.E+W

If the parties to any action, other than an action which, if commenced in the High Court, would have been assigned to the Chancery Division or to the Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction, agree, by a memorandum signed by them or by their respective [F72legal representatives], that [F65the county court] F73... shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.

F7419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F7520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Recovery of land and cases where title in questionE+W

21 Actions for recovery of land and actions where title is in question.E+W

(1)[F67The county court] shall have jurisdiction to hear and determine any action for the recovery of land F76 . . ..

(2)[F67The county court] shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F77 . . .

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if [F65the county court] has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than [F65the county court] shall have jurisdiction to hear and determine that action.

(4)Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.

F78(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

• “dwelling-house” includes any building or part of a building which is used as a dwelling;

• “mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;

• “mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

(8)The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.

(9)This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M1Consumer Credit Act 1974.

F7922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Equity proceedingsE+W

23 Equity jurisdiction.E+W

[F67The county court] shall have all the jurisdiction of the High Court to hear and determine—

(a)proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit;

(b)proceedings—

(i)for the execution of any trust, or

(ii)for a declaration that a trust subsists, F80...

F81(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit;

(c)proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the county court limit;

(d)proceedings for the specific performance, or for the rectification, delivery up or cancellation, of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money, or in the case of a lease, the value of the property, does not exceed the county court limit;

(e)proceedings relating to the maintenance or advancement of a minor, where the property of the minor does not exceed in amount or value the county court limit;

(f)proceedings for the dissolution or winding-up of any partnership (whether or not the existence of the partnerships is in dispute), where the whole assets of the partnership do not exceed in amount or value the county court limit;

(g)proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

24 Jurisdiction by agreement in certain equity proceedings.E+W

(1)If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective [F82legal representatives] or agents, that [F65the county court] F83... shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

(2)Subject to subsection (3), this section applies to any proceedings in which [F65the county court] would have jurisdiction by virtue of—

(a)section 113(3) of the M2Settled Land Act 1925,

(b)section 63A of the M3Trustee Act 1925,

(c)sections 3(7), F84 . . .49(4), 66(4), 89(7), 90(3), 91(8), 92(2), 136(3), F84 . . .181(2), 188(2) of, and paragraph 3A of Part III and paragraph 1(3A) and (4A) of Part IV of Schedule 1 to, the M4Law of Property Act 1925,

(d)sections 17(2), 38(4), 41(1A), and 43(4) of the M5Administration of Estates Act 1925,

(e)section 6(1) of the M6Leasehold Property (Repairs) Act 1938,

(f)sections 1(6A) and 5(11) of the M7Land Charges Act 1972, and

(g)sections 23 F85. . . of this Act,

but for the limits of the jurisdiction of the court provided in those enactments.

(3)This section does not apply to proceedings under section 1 of the M8Variation of Trusts Act 1958.

Family provision proceedingsE+W

25 Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975.E+W

[F67The county court] shall have jurisdiction to hear and determine any application for an order under section 2 of the M9Inheritance (Provision for Family and Dependants) Act 1975 (including any application for permission to apply for such an order and any application made, in the proceedings on an application for such an order, for an order under any other provision of that Act) F86 . . ..

Admiralty proceedingsE+W

F8726 Districts for Admiralty purposes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 Admiralty jurisdiction.E+W

F88(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)[F89The county court does not] have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in [F90the county court] shall be set aside.

(10)In subsection (9) “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention.

F91(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9228 Mode of exercise of Admiralty jurisdiction.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

30 Restrictions on entertainment of actions in personam in collision and other similar cases.E+W

(1)The claims to which this section applies are claims for damage, loss of life or personal injury arising—

(a)out of a collision between ships;

(b)out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or

(c)out of the non-compliance, on the part of one or more of two or more ships [F94with safety regulations under section 85 of the Merchant Shipping Act 1995]

(2)[F95The county court may not] entertain an action in personam to enforce a claim to which this section applies unless—

(a)the defendant has his habitual residence or a place of business within England and Wales; or

(b)the cause of action arose within inland waters of England and Wales or within the limits of a port of England and Wales; or

(c)an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

(3)In subsection (2)—

• “inland waters” includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; and

• “port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities in it, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;

• “charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.

(4)[F96The county court may not] entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(5)Subsections (1) to (4) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counterclaim and the defendant to the counterclaim.

(6)Subsections (1) to (5) shall not apply to any action or counterclaim if the defendant submits or has agreed to submit to the jurisdiction of the court.

(7)Nothing in this section shall prevent an action or counterclaim which is brought in accordance with the provisions of this section in [F97the county court] being transferred, in accordance with the enactments in that behalf, to some other court F98....

(8)This section applies [F99generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings).]

31 Admiralty—interpretation.E+W

F100(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101(2)Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises] proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.

(3)In subsection (2) “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the M10Crown Proceedings Act 1947.

Probate proceedingsE+W

F10232 Contentious probate jurisdiction.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10333 Effect of order of judge in probate proceedings.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions as to jurisdictionE+W

F10434. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

35 Division of causes of action.E+W

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions [F105the county court].

36 No action on judgment of High Court.E+W

No action shall be brought in [F106the county court] on any judgment of the High Court.

Exercise of jurisdiction and ancillary jurisdictionE+W

37 Persons who may exercise jurisdiction of court.E+W

(1)Any jurisdiction and powers conferred by this or any other [F107Act on the county court may be exercised by any judge of the county court.]

F108(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10938 Remedies available in county courts.E+W

(1)Subject to what follows, in any proceedings in [F106the county court] the court may make any order which could be made by the High Court if the proceedings were in the High Court.

(2)Any order made by [F106the county court] may be –

(a)absolute or conditional;

(b)final or interlocutory.

(3)[F110Neither the county court nor the family court has] power –

(a)to order mandamus, certiorari or prohibition; or

(b)to make any order of a prescribed kind.

(4)Regulations under subsection (3) –

(a)may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;

(b)may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;

(c)F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations[F112; and

(e)may make different provision for different purposes.]

[F113(4A)If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.]

(5) In this section “ prescribed ” means prescribed by regulations made [F114 under this section by the Lord Chancellor after consulting the Lord Chief Justice ] .

(6)The power to make regulations under this section shall be exercised by statutory instrument.

(7)No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.]

39 Ancillary powers of judge.E+W

A judge shall have jurisdiction in any pending proceedings to make any order or exercise any authority or jurisdiction which, if it related to an action or proceeding pending in the High court, might be made or exercised by a judge of the High Court in chambers.

Transfer of proceedingsE+W

[F11540 Transfer of proceedings to county court.E+W

(1)Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in [F106the county court] it shall–

(a)order the transfer of the proceedings to [F106the county court] ; or

(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2)Subject to any such provision, the High Court may order the transfer of any proceedings before it to [F106the county court] .

(3)An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.

F116(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(6)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section–

(a)the judgment or order may be enforced as if it were a judgment or order of [F106the county court] ; and

(b)subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.

(7)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—

(a)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b)the powers of any court to set aside, correct, vary or quash a judgment or order of [F106the county court] , and the enactments relating to appeals from such a judgment or order, shall not apply.

(8)The provisions referred to in subsection (1) are any made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.

F117(9)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Transfer to High Court by order of High Court.E+W

(1)If at any stage in proceedings commenced in [F106the county court] or transferred to [F106the county court] under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.

(2)The power conferred by subsection (1) is without prejudice to section 29 of the [F118Senior Courts Act 1981](power of High Court to issue prerogative orders) F119....

[F120(3)The power conferred by subsection (1) shall be exercised subject to any provision made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.]

[F12142 Transfer to High Court by order of [F106the county court] .E+W

(1)Where [F106the county court] is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall–

(a)order the transfer of the proceedings to the High Court; or

(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2)Subject to any such provision, [F106the county court] may order the transfer of any proceedings before it to the High Court.

(3)An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.

(4)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(5)Where proceedings for the enforcement of any judgment or order of [F106the county court] are transferred under this section–

(a)the judgment or order may be enforced as if it were a judgment or order of the High Court; and

(b)subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.

(6)Where proceedings for the enforcement of any judgment or order of [F106the county court] are transferred under this section—

(a)the powers of any court to set aside, correct, vary or quash a judgment or order of [F106the county court] , and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(7)The provisions referred to in subsection (1) are any made–

(a)under section 1 of the Courts and Legal Services Act 1990; or

(b)by or under any other enactment.

F122(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F12343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F12444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

45 Costs in transferred cases. E+W

(1)Where an action, counterclaim or matter is ordered to be transferred—

(a)from the High Court to [F106the county court] ; or

(b)from [F106the county court] to the High [F125Court,]

F126(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the costs of the whole proceedings both before and after the transfer shall, subject to any order of the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred; and that court shall have power to make orders with respect to the costs F127. . ., and the costs of the whole proceedings shall be taxed in that court.

F128(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W Procedure

PartiesE+W

46 Proceedings by the CrownE+W

(1)Subject to the provisions of any enactment limiting the jurisdiction of [F106the county court] , whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise, proceedings by the Crown may be instituted in [F106the county court] .

(2)Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from [F106the county court] to the High Court and the transfer of proceedings in the High Court to [F106the county court] shall apply respectively to the removal or transfer of proceedings by the Crown in [F106the county court] and to the transfer of proceedings by the Crown in the High Court.

(3)Nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.

F12947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

48 Persons jointly liable.E+W

(1)Where a plaintiff has a demand recoverable under this Act against two or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

(2)Where judgment is so obtained against any person by virtue of subsection (1) and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.

49 Bankruptcy of plaintiff.E+W

(1)The bankruptcy of the plaintiff in any action in [F106the county court] which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.

(2)The hearing of the action may be adjourned until such an election is made.

(3)Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

Interim payments in pending proceedingsE+W

50 Orders for interim payment.E+W

(1)Provision may be made by [F130rules of court] for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.

(2)Any [F130rules of court] which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F131Civil Procedure Rule Committee] may consider necessary or expedient.

(4)Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make [F130rules of court] relating to costs.

(5)In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party; and any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.

Provisional damages for personal injuriesE+W

51 Orders for provisional damages for personal injuries.E+W

(1)This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

(2)Subject to subsection (4), as regards any action for damages to which this section applies in which a judgment is given in the county court, provision may be made by [F132rules of court]for enabling the court, in such circumstances as may be prescribed, to award the injured person—

(a)damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

(b)further damages at a future date if he develops the disease or suffers the deterioration.

(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F133Civil Procedure Rule Committee]may consider necessary or expedient.

(4)Nothing in this section shall be construed—

(a)as affecting the exercise of any power relating to costs, including any power to make [F132rules of court] relating to costs; or

(b)as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

(5)In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

Discovery and related proceduresE+W

52 Powers of court exercisable before commencement of action.E+W

(1)On the application of any person in accordance with [F134rules of court], [F106the county court] shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—

(a)the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the court, or as to which any question may arise in any such proceedings; and

(b)the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.

(2)On the application, in accordance with [F134rules of court], of a person who appears to [F106the county court] to be likely to be a party to subsequent proceedings in that court F135. . . the county court shall, in such circumstances as may be prescribed, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—

(a)to disclose whether those documents are in his possession, custody or power; and

(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—

(i)to the applicant’s legal advisers; or

(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or

(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.

[F136(3)This section is subject to any provision made under section 38,]

53 Power of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.E+W

F137(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)On the application, in accordance with [F138rules of court], of a party to any proceedings F139. . ., [F106the county court] shall, in such circumstances as may be prescribed, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—

(a)to disclose whether those documents are in his possession, custody or power; and

(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—

(i)to the applicant’s legal advisers; or

(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or

(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.

(3)On the application, in accordance with [F138rules of court], of a party to any proceedings F139. . ., [F106the county court] shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—

(a)the inspection, photographing, preservation, custody and detention of property which is not the propery of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;

(b)the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.

(4)The preceding provisions of this section are without prejudice to the exercise by [F106the county court] of any power to make orders which is exercisable apart from those provisions.

[F140(5)This section is subject to any provision made under section 38,]

54 Provisions supplementary to sections 52 and 53.E+W

(1)[F141The county court] shall not make an order under section 52 or 53 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

(2)[F142Rules of court] may make provision as to the circumstances in which an order under section 52 or 53 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the [F143Civil Procedure Rule Committee] may consider necessary or expedient.

(3)Without prejudice to the generality of subsection (2), [F142rules of court] shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 52(2) or 53 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.

(4)Sections 52(2) and 53 and this section bind the Crown; and section 52(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

(5)In sections 52 and 53 and this section—

• “property” includes any land, chattel or other corporeal property of any description;

• “personal injuries”includes any disease and any impairment of a person’s physical or mental condition.

[F144(6)This section is subject to any provision made under section 38,]

Witnesses and evidenceE+W

55 Penalty for neglecting or refusing to give evidence.E+W

(1)Subject to subsections (2) and (3), any person who—

(a)having been summoned in pursuance of [F145rules of court] as a witness in [F106the county court] refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or

(b)having been so summoned or being present in court and being required to give evidence, refuses to be sworn or give evidence,

shall forfeit such fine as the [F146court] may direct.

(2)[F147The court] shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding [F148£1,000].

(3)No person summoned in pursuance of [F145rules of court] as a witness in [F106the county court] shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.

(4)The [F149 court may at its] discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

F150(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)This section does not apply to a debtor summoned to attend by a judgment summons.

56 Examination of witnesses abroad.E+W

The High Court shall have the same power to issue a commission, request or order to examine witnesses abroad for the purpose of proceedings in [F106the county court] as it has for the purpose of an action or matter in the High Court.

57 Evidence of prisoners.E+W

(1)Subject to subsection (2), in any proceedings pending before [F106the county court] , the [F151court may, if it] thinks fit, upon application on affidavit by any party, issue an order F152... for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings.

(2)No such order shall be made with respect to a person confined under process in any civil action or matter.

(3)Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.

(4)The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court.

[F153(5)This section applies in relation to the family court as it applies in relation to the county court.]

58 Persons who may take affidavits for use in county courts.E+W

(1)An affidavit to be used in [F106the county court] may be sworn before—

[F154(a)a judge of the county court; or]

(b)any justice of the peace; or

[F155(c)an officer of the county court appointed by a judge of the county court for the purpose,]

as well as before [F156a commissioner for oaths or any other person]authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 . . . F157.

(2)An affidavit [F158sworn before any such judge or] officer may be sworn without the payment of any fee.

F15959 Evidence in Admiralty proceedings.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right of audienceE+W

60 Right of audience. E+W

F160(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where an action is brought in [F106the county court] by a local authority for either or both of the following—

(a)the recovery of possession of a house belonging to the authority;

(b)the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house,

[F161then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.]

(3)In this section—

• “local authority” means a county council, F162... a district council [F163the Broads Authority], [F164any National Park authority,] a London borough council [F165, [F166a police and crime commissioner, the Mayor's Office for Policing and Crime]] F167... [F168[F169the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985,] [F170an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,] [F171a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,] [F172a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F173... [F174the London Fire Commissioner], or the Common Council of the City of London; and

• “house” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,

and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.

61 Right of audience by direction of Lord Chancellor.E+W

(1)The Lord Chancellor may [F175, with the concurrence of the Lord Chief Justice,] at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in [F106the county court] , or in proceedings in [F106the county court] of such description as may be so specified.

(2)In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F176legal representative]whether in private practice or not.

(3)A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects [F177 every place where the county court sits or] as respects one or more specified places where [F106the county court] sits.

[F178(3A)Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.]

(4)The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

[F179(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Mode of trialE+W

62 General power of judge to determine questions of law and fact.E+W

Subject to the provisions of this Act and of [F180rules of court], [F181a judge] of [F106the county court] shall be the sole judge in all proceedings brought in the court, and shall determine all questions of fact as well as of law.

63 Assessors.E+W

(1)In any proceedings [F182in the county court a judge of the court] may, if he thinks fit F183. . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with [F182in the county court a judge of the court] and act as assessors.

F184(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsection (4), the remuneration of assessors for sitting under this section shall be [F185determined by the [F186court]] and shall be costs in the proceedings unless otherwise ordered by the [F186court] .

(4)Where one or more assessors are summonedfor the purposes of [F187assisting [F188a judge] in reviewing the taxation F189... of the costs of any proceedings] the remuneration of any such assessor—

(a)shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury; and

(b)shall be payable out of moneys provided by Parliament.

(5)Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

64 Reference to arbitration.E+W

(1)[F190Rules of court]—

(a)may prescribe cases in which proceedings [F191in the county court] are (without any order of the court) to be referred to arbitration, and

(b)may prescribe the manner in which and the terms on which cases are to be so referred, and

(c)may, where cases are so referred, require other matters within the jurisdiction of the court in dispute between the parties also to be referred to arbitration.

(2)[F190Rules of court]—

(a)may prescribe cases in which proceedings [F192in the county court] may be referred to arbitration by order of the court, and

(b)may authorise the court also to order other matters in dispute between the parties and within the jurisdiction of the court to be so referred.

[F193(2A)[F190Rules of court] may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B)Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.]

(3)On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the [F194court] .

(4)The [F194court] may, if [F195it] thinks fit, on application made to [F195it] within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

(5)In this section “award” includes an interim award.

65 Power of judge to refer to registrar or referee.E+W

(1)Subject to [F196rules of court], [F197a judge of the county court may refer to another judge of the county court or a] for inquiry and report—

(a)any proceedings which require any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the judge, conveniently be made before him;

(b)any proceedings where the question in dispute consists wholly or in part of matters of account;

(c)with the consent of the parties, any other proceedings;

(d)subject to any right to have particular cases tried with a jury, any question arising in any proceedings.

F198(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where any proceedings or question are referred under [F199subsection (1), a judge of the county court may direct] how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

(4)[F200A judge of the county court] may, after deciding or reserving any question of liability, [F201refer to another judge of the county court any mere matter of account] which is in dispute between the parties and, after deciding the question of liability, may give judgment [F202on the other judge's report.]

JuriesE+W

66 Trial by jury.E+W

(1)In the following proceedings in [F106the county court] the trial shall be without a jury—

(a)Admiralty proceedings;

(b)proceedings arising—

(i)under Part I, II or III of the Rent (Agriculture) M11Act 1976, or

(ii)under any provision of the M12Rent Act 1977 other than a provision contained in Part V, sections 103 to 106 or Part IX, or

(iii)under Part I of the M13Protection from Eviction Act 1977; [F203or

(iv)under Part I of the Housing Act 1988]

(c)any appeal to the county court under [F204the Housing Act 1985].

(2)In all other proceedings in [F106the county court] the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.

(3)Where, on any such application, the court is satisfied that there is in issue—

(a)a charge of fraud against the party making the application; or

(b)a claim in respect of F205... malicious prosecution or false imprisonment; or

(c)any question or issue of a kind prescribed for the purposes of this paragraph,

the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

(4)There shall be payable, in respect of the trial with a jury of proceedings in [F106the county court] , such fees as may be prescribed by [F206an order under section 92 of the Courts Act 2003 (fees)].

67 Impanelling and swearing of jury.E+W

[F207Where any proceedings in the county court] are to be tried with a jury, eight jurymen shall be impanelled and sworn as occasion requires to give their verdicts in the proceedings brought before them, and being once sworn need not be re-sworn in each trial.

68 Duty of judge to determine foreign law in jury trials.E+W

Where, for the purpose of disposing of any proceedings which are being tried in [F106the county court] by [F208a judge of the court] with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.

Interest on debts and damagesE+W

69 Power to award interest on debts and damages.E+W

(1)Subject to [F209rules of court], in proceedings (whenever instituted) before [F106the county court] for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

(a)in the case of any sum paid before judgment, the date of the payment; and

(b)in the case of the sum for which judgment is given, the date of the judgment.

(2)In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—

(a)with the substitution of “shall be included” for “may be included”; and

(b)with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.

(3)Subject to [F209rules of court], where—

(a)there are proceedings (whenever instituted) before [F106the county court] for the recovery of a debt; and

(b)the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

(5)Interest under this section may be calculated at different rates in respect of different periods.

(6)In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(7)Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

[F210(8)In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.]

Judgments and orders.E+W

70 Finality of judgments and orders.E+W

Every judgment and order of [F106the county court] shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.

71 Satisfaction of judgments and orders for payment of money.E+W

(1)Where a judgment is given or an order is made by [F106the county court] under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—

(a)in one sum, whether forthwith or within such period as the court may fix; or

(b)by such instalments payable at such times as the court may fix.

(2)If at any time it appears to the satisfaction of the [F211county] court that any party to any proceedings [F212in the court] is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

[F213(3)Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.]

72 Set-off in cases of cross judgments in county courts and High Court.E+W

(1)Where one person has obtained a judgment or order in [F106the county court] against another person, and that other person has obtained a judgment or order against the first-mentioned person in the F214... county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.

(2)Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.

(3)Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.

73 Register of judgments and orders.E+W

F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73A Provision for register under s.73 to be kept by body under contract to Lord ChancellorE+W

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74 Interest on judgment debts etc.E+W

(1)The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.

(2)The sums to which subsection (1) applies are—

(a)sums payable under judgments or orders given or made in [F106the county court] , including sums payable by instalments; and

(b)sums which by virtue of any enactment are, if the county court so orders, recoverable as if payable under an order of that court, and in respect of which the county court has so ordered.

(3)The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.

(4)The power conferred by subsection (1) includes power—

(a)to specify the descriptions of judgment or order in respect of which interest shall be payable;

(b)to provide that interest shall be payable only on sums exceeding a specified amount;

(c)to make provision for the manner in which and the periods by reference to which the interest is to be calculated and paid;

(d)to provide that any enactment shall or shall not apply in relation to interest payable under subsection (1) or shall apply to it with such modifications as may be specified in the order; and

(e)to make such incidental or supplementary provisions as the Lord Chancellor considers appropriate.

(5)Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M14Judgments Act 1838 as that enactment has effect from time to time.

F217[(5A)The power conferred by subsection (1) includes power to make provision enabling [F106the county court] to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).]

[F218(5B)This section applies in relation to the family court as it applies in relation to the county court.]

(6)The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

[F219Practice directions]E+W

74A Practice directions.E+W

F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General rules of procedureE+W

F22175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W