The County Court Rules 1981

ORDER 4VENUE FOR BRINGING PROCEEDINGS

Saving for particular provisions etc

1.—(1) The provisions of this Order shall have effect subject to any provision made by any Act or rule (including the rules of this Order) in relation to particular proceedings.

(2) Nothing in this Order shall be taken as affecting any obligation under Order 8 or otherwise to obtain the leave of the court to serve process out of England and Wales.

General provisions as to actions

2.—(1) An action may be commenced—

(a)in the court for the district in which the defendant or one of the defendants resides or carries on business, or

(b)in the court for the district in which the cause of action wholly or in part arose.

(2) Where the plaintiff sues as assignee, the action shall be commenced only in a court in which the assignor might have commenced the action but for the assignment.

(3) Where the plaintiff's claim—

(a)is founded on a hire-purchase agreement but is not for the delivery of the goods, or

(b)is founded on a contract for the sale or hire of goods under which the purchase price or rental is payable otherwise than in one sum.

the action shall be commenced only in the court for the district in which the defendant or one of the defendants resides or carries on business or resided or carried on business when the contract was made.

(4) Where the plaintiff's claim is founded on tort and the defendant or each of the defendants does not reside or carry on business in England or Wales, paragraph (1) shall have effect as if for the reference in sub-paragraph (a) to the defendant or one of the defendants there were substituted references to the plaintiff or one of the plaintiffs.

Proceedings relating to land

3.  Proceedings—

(a)for the recovery of land, or

(b)for the foreclosure or redemption of any mortgage or, subject to Order 31, rule 4, for enforcing any charge or lien on land, or

(c)for the recovery of moneys secured by a mortgage or charge on land,

may be commenced only in the court for the district in which the land or any part thereof is situated.

Proceedings under Settled Land Act 1925 etc

4.  Proceedings—

(a)under the Settled Land Act 1925, or

(b)under the Trustee Act 1925, or

(c)for the administration of the estate of a deceased person,

may, subject to Order 49, rule 20, be commenced in the court which in the opinion of the plaintiff is the most convenient having regard to the places where the parties reside or carry on business or the subject matter of the proceedings is situated.

Partnership proceedings

5.  Proceedings for the dissolution or winding up of a partnership shall be commenced in the court for the district or one of the districts in which the partnership business was or is carried on.

Wrongful interference with goods

6.—(1) Where proceedings are brought in a county court on one of two or more claims for wrongful interference with goods, and are still pending, any proceedings on another of those claims may, if they could be brought in the High Court, be brought in the same county court, notwithstanding that they would otherwise be outside the jurisdiction (financial or territorial) of that court under the Act or these rules.

(2) Where goods are the subject of two or more claims under section 6 of the Torts (Interference with Goods) Act 1977 this rule shall apply as if any claim under section 6(3) were a claim for wrongful interference.

Proceedings by or against judge or registrar

7.—(1) If the court in which but for this rule an action would be commenced is a court of which one of the parties is the judge or registrar, the action shall not be commenced in that court but in the court which in the opinion of the plaintiff is the nearest or most convenient one of which the party concerned is not the judge or registrar.

(2) Nothing in this rule shall affect any alternative right to commence the action in another court of which the party in question is not the judge or registrar.

Originating applications and petitions

8.  Proceedings by originating application or petition may be commenced—

(a)in the court for the district in which—

(i)the respondent or one of the respondents resides or carries on business, or

(ii)the subject-matter of the proceedings is situated, or

(b)if no respondent is named in the application or petition, in the court for the district in which the applicant or petitioner or one of the applicants or petitioners resides or carries on business.

Appeals to county court

9.  An appeal to a county court from an order, decision or award of any tribunal or person shall be brought in the court for the district in which the order, decision or award was made or given.