(1)Subject to subsection (2), a county court shall have jurisdiction to hear and determine any action founded on contract or tort where the debt, demand or damage claimed does not exceed the county court limit whether on balance of account or otherwise.
(2)A county court shall not, except as in this Act provided, have jurisdiction to hear and determine—
(a)any action for the recovery of land; or
(b)any action in which the title to any hereditament or to any toll, fair, market or franchise is in question; or
(c)any action for libel of slander.
(3)A county court shall have jurisdiction to hear and determine any action where the debt or demand claimed consists of a balance not exceeding the county court limit after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand.
Modifications etc. (not altering text)
C1S. 15 excluded by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 39(4)
A 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; and
(b)the amount claimed in the action does not exceed the county court limit.
(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, a county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon a 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.
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 [F1solicitors][F1legal representatives], that a county court specified in the memorandum shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.
Textual Amendments
F1Words “legal representatives”substituted (1.4.1991) for “solicitors”by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(3)
(1)Subject to subsections (2) to (4) and section 29, where an action founded on contract or tort is commenced in the High Court which could have been commenced in the county court the costs (if any) of the proceedings in the High Court to which the plaintiff is entitled shall be determined in accordance with section 20.
(2)Neither this section nor section 20 affects any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in an action commenced in the county court.
(3)The High Court, if satisfied—
(a)that there was sufficient reason for bringing the action in the High Court; or
(b)that the defendant or one of the defendants objected to the transfer of the action to a county court;
may make an order allowing the costs or any part of the costs on the High Court scale or on such one of the county court scales as it may direct.
(4)Neither this section nor section 20 applies in the case of proceedings by the Crown.
(1)If the plaintiff in an action for the recovery of goods to which this section applies recovers an aggregate amount less than the higher limit, he shall not be entitled to recover any more costs of the action than those to which he would have been entitled if the action had been brought in the county court.
(2)If the plaintiff in an action to which this section applies, other than one for the recovery of goods, recovers a sum less than the higher limit, he shall not be entitled to recover any more costs of the action than those to which he would have been entitled if the action had been brought in the county court.
(3)Where a plaintiff is entitled to costs on a county court scale only, the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the action had been brought in a county court.
(4)If the plaintiff in an action for the recovery of goods to which this section applies recovers an aggregate amount less than the lower limit, he shall not be entitled to recover any costs of the action.
(5)If the plaintiff in an action to which this section applies, other than one for the recovery of goods, recovers a sum less than the lower limit, he shall not be entitled to recover any costs of the action.
(6)For the purposes of this section a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in the county court.
(7)In this section “action for the recovery of goods” means an action brought to enforce a right to recover possession of goods or to enforce such a right and to claim payment of a debt or demands or damages.
(8)The aggregate amount mentioned in subsections (1) and (4) includes the value—
(a)of any goods ordered in the action to be delivered to the plaintiff; and
(b)of any goods so ordered to be delivered of which the value is in the alternative ordered to be paid to him.
(9)In this section—
“the higher limit” means, subject to section 145, £3,000;
“the lower limit” means, subject to section 145, £600.