ORDER 1CITATION, APPLICATION AND INTERPRETATION

Definitions3

In these rules, unless the context otherwise requires–

  • “the Act” means the County Courts Act 1959;

  • “address for service” means the address of a place at or to which any document may be delivered or sent for the party giving the address, being—

    1. a

      in the case of a party in person, his place of residence or business or, if he has no such place within England or Wales, the address of a place within England or Wales at or to which documents for him may be delivered or sent,

    2. b

      where the party is represented by a solicitor, the business address of the solicitor;

  • “defendant” includes respondent;

  • “filed” has the meaning assigned to it by Order 2, rule 4;

  • “foreign court” means the court to which process is sent by another court;

  • “hire-purchase agreement” has the same meaning as in the Hire-Purchase Act 1965;

  • “home court” means the court from which process is originally issued;

  • “judgment” means the final decision of the court in an action;

  • “mental patient” means a person who, by reason of mental disorder within the meaning of the Mental Health Act 1959 is incapable of managing and administering his property and affairs;

  • “order” means the final decision of the court in a matter and also any decision of the court other than a final decision in any proceedings;

  • “originating process” means—

    1. a

      the summons in a default, fixed date or admiralty action, or

    2. b

      in relation to a garnishee, an order nisi under Order 30, rule 2, or

    3. c

      an interpleader summons or notice under Order 33, rule 4, 7 or 8, or

    4. d

      an originating application, petition or request for the entry of an appeal to a county court;

  • “person under disability” means a person who is a minor or a mental patient;

  • “plaintiff” includes applicant, petitioner and appellant;

  • “pre-trial review” means the preliminary consideration of an action or matter under Order 17;

  • “proper officer” means the registrar or, in relation to any act of a formal or administrative character which is not by statute the responsibility of the registrar, the chief clerk or any other officer of the court acting on his behalf in accordance with directions given by the Lord Chancellor;

  • “records of the court” means such records of and in relation to proceedings in the court as the Lord Chancellor may by regulations prescribe;

  • “recovery of land” means the recovery or delivery of possession of land;

  • “residence”, in relation to a body corporate, means the registered or principal office of the body;

  • “senior master” means the senior master of the Supreme Court (Queen's Bench Division).