County Courts Act 1984

Section 144.

SCHEDULE 1E+W Replevin

Modifications etc. (not altering text)

C1Sch. 1 amended by S.I. 1990/776, art. 4(1)(g) and (2)

1(1)The sheriff shall have no power or responsibility with respect to replevin bonds or replevins.E+W

(2)[F1Where any goods subject to replevin are taken, the county court] shall have power, subject to the provisions of this Schedule, to approve of replevin bonds and to grant replevins and to issue all necessary process in relation to them, and any such process shall be executed by [F2an officer] of the court.

(3)The [F3court] shall, at the instance of the party whose goods have been seized, cause the goods to be replevied to that party on his giving such security as is provided in this Schedule.

Textual Amendments

F1Words in Sch. 1 para. 1(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(69)(a)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Words in Sch. 1 para. 1(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(69)(a)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Word in Sch. 1 para. 1(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(69)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

2(1)It shall be a condition of any security given under paragraph 1 that the replevisor will—E+W

(a)commence an action of replevin against the seizor in the High Court within one week from the date when the security is given; or

(b)commence such an action in [F4the county court] within one month from that date.

(2)In either case—

(a)the replevisor shall give security, to be approved by the [F5county court], for such an amount as the [F6court thinks] sufficient to cover both the probable costs of the action and either—

(i)the alleged rent or damage in respect of which the distress has been made; or

(ii)in a case where the goods replevied have been seized otherwise than under colour of distress, the value of the goods; and

(b)it shall be a further condition of the security that the replevisor will—

(i)prosecute the action with effect and without delay; and

(ii)make a return of the goods, if a return of them is ordered in the action.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Words in Sch. 1 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)

F5Words in Sch. 1 para. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(69)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Words in Sch. 1 para. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(69)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F83E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments