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County Courts Act 1984

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Changes over time for: Paragraph 3

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Version Superseded: 01/07/1991

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3(1)Any action of replevin brought in a county court shall be removed into the High Court by order of certiorari if the defendant—

(a)makes an application for such an order to the High Court; and

(b)gives security for an amount approved by the High Court.

(2)Security under this paragraph shall not exceed £150.

(3)It shall be a condition of any such security that the defendant—

(a)will defend the action with effect; and

(b)unless the action is discontinued or dismissed for want of prosecution, will prove before the High Court that he had good ground for believing either—

(i)that the title to some hereditament of which the net annual value for rating at the time when the action was commenced exceeded £20, or to some toll, market, fair or franchise, was in question; or

(ii)that the alleged rent or damage in respect of which the distress was made, or the value of the goods seized, exceeded £20.

(4)Section 45(1)

applies to an action removed to the High Court under this paragraph as it applies to an action ordered to be transferred to that court.

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