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County Courts Act 1984

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PartiesE+W

46 Proceedings by the CrownE+W

(1)Subject to the provisions of any enactment limiting the jurisdiction of [F1the 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 [F1the county court] .

(2)Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from [F1the county court] to the High Court and the transfer of proceedings in the High Court to [F1the county court] shall apply respectively to the removal or transfer of proceedings by the Crown in [F1the 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.

Textual Amendments

F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2S. 47 omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(a); S.I. 1998/3132

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 [F1the 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.

Textual Amendments

F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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