The County Court Rules 1981

ORDER 3COMMENCEMENT OF PROCEEDINGS

Proceedings by action

1.  Subject to the provisions of any Act or rule, all proceedings authorised to be brought in a county court; where the object of the proceedings is to obtain relief against any person or to compel any person to do or abstain from doing any act, shall be brought by action and commenced by plaint.

Classes of action

2.—(1) An action in which a claim is made for any relief other than the payment of money shall be a fixed date action.

(2) Except as otherwise provided by these rules, every other action shall be a default action.

(3) Nothing in this rule applies to an Admiralty action or a rent action.

Commencement of action

3.—(1) A plaintiff desiring to commence a default or fixed date action shall file a request for the issue of a summons, together with the particulars of claim and copies required by Order 6.

(2) On the filing of the documents mentioned in paragraph (1) the proper officer shall—

(a)enter a plaint in the records of the court and in the case of a fixed date action fix the return day;

(b)prepare and issue a summons and make all necessary copies;

(c)annex to, or incorporate in, the summons and every copy so made a copy of the particulars of claim and also annex to every copy of the summons for service a form of admission, defence and counterclaim, and

(d)deliver to the plaintiff—

(i)a plaint note and

(ii)if the summons is to be served otherwise than by an officer of the court, the summons and all necessary copies, with any documents required to be annexed thereto, for service in accordance with Order 7.

(3) In the case of a fixed date action the return day shall, unless the court otherwise directs, be a day fixed for a pre-trial review.

(4) Paragraph (3) shall not apply to an action for the recovery of land unless a claim is joined for some relief other than the payment of mesne profits or arrears of rent or for moneys secured by a mortgage or charge.

Originating applications

4.—(1) Any proceedings authorised to be brought in a county court and not required by any Act or rule to be commenced otherwise shall be brought by originating application.

(2) An originating application shall be in writing and shall state—

(a)the order applied for and sufficient particulars to show the grounds on which the applicant claims to be entitled to the order;

(b)the names and addresses of the persons (if any) intended to be served (in this rule called “respondents”) or that no person is intended to be served, and

(c)the applicant's address for service.

(3) The applicant shall file—

(a)the originating application together with as many copies as there are respondents; and

(b)a request for the issue of the originating application.

(4) On the filing of the documents mentioned in paragraph (1) the proper officer shall—

(a)enter the originating application in the records of the court and fix the return day;

(b)prepare a notice to each respondent of the return day and annex to each such notice a copy of the application, and

(c)deliver a plaint note to the applicant.

(5) The return day shall be a day fixed for the hearing of the originating application or, if the court so directs, a day fixed for a pre-trial review.

(6) Rule 3(2)(d)(ii) of this Order and the provisions of Order 7 shall apply, with the necessary modifications, to the service of an originating application as if the notice of the return day were a fixed date summons.

Petitions

5.  Where by any Act or rule proceedings in a county court are required to be by petition, rule 4 shall apply to the petition as it applies to an originating application but with the substitution of “petitioner” for “applicant” and “petition” for “originating application” or “application”, wherever those expressions occur.

Appeals to county court

6.—(1) Where by or under any Act an appeal lies to a county court from any order, decision or award of any tribunal or person, then, subject to any special provision made by or under that Act, the provisions of this rule shall apply.

(2) The appellant shall, within 21 days after the date of the order, decision or award, file—

(a)a request for the entry of the appeal, stating the names and addresses of the persons intended to be served (in this rule called “respondents”) and the appellant's address for service, together with as many copies of the request as there are respondents; and

(b)a copy of the order, decision or award appealed against.

(3) Where the provision under which the appeal lies requires the appellant to give to the other parties notice in writing of his intention to appeal and of the grounds of his appeal, the appellant shall file a copy of such notice with the request, and in any other case he shall include in his request a statement of the grounds of the appeal.

(4) On the filing of the documents mentioned in paragraphs (2) and (3) the proper officer shall—

(a)enter the appeal in the records of the court and fix the return day;

(b)prepare a notice to each respondent of the day on which the appeal will be heard and annex each copy of the request for the entry of the appeal to a copy of the notice; and

(c)deliver a plaint note to the appellant.

(5) The return day shall be a day fixed for the hearing of the appeal by the judge (or, if the registrar has jurisdiction to hear the appeal, by the registrar) or, if the court so directs, a day fixed for a pre-trial review.

(6) Rule 3(2)(d)(ii) of this Order and the provisions of Order 7 shall apply, with the necessary modifications, to the service of the request for the entry of the appeal as if the notice of the day of hearing were a fixed date summons.

Title of proceedings

7.—(1) Every document filed, issued or served in an action or matter shall bear the title of the action or matter and the distinguishing number allotted to it by the court.

(2) The title of an action or matter shall contain a reference to any Act, other than the County Courts Act 1959, by which the court is given power to entertain the proceedings.