The County Court Rules 1981

ORDER 50GENERAL PROVISIONS

Practice directions

1.  The Lord Chancellor may issue directions for the purpose of securing uniformity of practice in the county courts.

Powers of registrar when exercising his jurisdiction

2.—(1) Where the registrar is authorised by or under any Act or these rules to hear and determine any action or matter or to deal with any proceedings or to exercise any other jurisdiction, he shall, within the limits of that authority and subject to any right of appeal to or review by the judge, have all the powers of the judge.

(2) Nothing in this rule shall authorise the registrar to commit any person to prison.

Distribution of business between judge and registrar

3.—(1) Where by or under any Act or these rules any jurisdiction or power may be exercised either by the judge or by the registrar, its exercise by the registrar shall be subject to any arrangements made by the judge for the proper distribution of business between himself and the registrar.

(2) Where by or under any Act or these rules the leave of the judge is required for the exercise of any jurisdiction or power by the registrar, such leave may be either general or special.

(3) Where any proceedings are listed for hearing by the registrar, he may refer to the judge any matter which he thinks should properly be decided by the judge and the judge may either dispose of the matter or refer it back to the registrar with such directions as he thinks fit.

Notices

4.  Every notice required by these rules shall be in writing unless the court authorises it to be given orally.

Change of solicitor etc

5.—(1) Where a party to an action or matter for whom a solicitor has acted desires to change his solicitor, he or the new solicitor shall give notice of the change to the proper officer and to every other party to the proceedings, stating the new solicitor's address for service, and unless and until such notice is given the former solicitor shall, subject to paragraph (5), be considered the solicitor of the party until the final conclusion of the action or matter.

(2) Where a party, after having sued or defended in person, appoints a solicitor to act on his behalf in the action or matter, except as advocate at the trial, he or the solicitor shall give notice of the appointment to the proper officer and to every other party to the proceedings, stating the solicitor's address for service.

(3) Where a party, after having sued or defended by a solicitor, intends to act in person, he shall give notice of his intention to the proper officer and to every other party to the proceedings, stating the address for service of the party giving the notice.

(4) Where a solicitor who has acted for a party in an action or matter has ceased to act and no notice has been given of a change of solicitor or of the party's intention to act in person, the solicitor may apply to the court, on notice to the party for whom he has acted, for an order declaring that he has ceased to be the solicitor acting for that party in the action or matter, and a copy of any such order shall be served by the proper officer on every party to the action or matter; but unless and until the solicitor has obtained such an order and a copy has been served as aforesaid, he shall, subject to paragraph (5), be considered the solicitor of the party until the final conclusion of the action or matter.

(5) Notwithstanding anything in this rule, where the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations 1980 is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the action or matter as soon as his retainer is determined under regulation 84 of the said Regulations; and if the assisted person desires to proceed with the action or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, paragraph (2) shall apply as if that party had previously sued or defended in person.

Signing of pleadings settled by counsel

6.  Every pleading or other document settled by counsel for the purpose of proceedings in a county court shall be signed by him and his name shall appear on every copy of the document used in the proceedings.

Proper officer's obligations to be subject to payment of court fees

7.  Any obligation imposed by these rules on the proper officer of a county court to do any act at the instance of a party to any proceeding in the court shall be subject to the payment of any fee required by a fees order to be paid on the proceeding.

Expense of advertisement

8.  The expense of any advertisement in proceedings in a county court shall be borne in the first instance by such party as the court may direct and, if the advertisement is to be inserted by the proper officer, shall be paid before the advertisement is inserted.

Security for costs

9.  Where by or under any Act or rule any person is required or authorised to give security for costs in relation to proceedings in a county court, then, subject to any express provision, the security shall be given in such manner, at such time and on such terms, if any, as the court may direct.

Supply of documents from court records

10.—(1) Subject to payment of the prescribed fee, any party to proceedings in a county court may, on written application, be supplied from the records of the court with a copy of any document relating to those proceedings, but the proper officer may, before supplying a duplicate of any plaint note or other document issued to a party, require him to satisfy the registrar, by affidavit or otherwise, of the loss or destruction of the document.

(2) Without prejudice to Order 22, rule 8, no other person shall be supplied with a copy of any document from the records of the court except with the leave of the registrar.

(3) In this rule any reference to supplying a copy of a document includes examining a copy prepared by the applicant and marking it as an office copy.

Impounded documents

11.  Documents impounded by order of the court shall not be delivered out of the custody of the court or inspected, except on an order made by the judge or, if the registrar ordered the document to be impounded, by the registrar:

Provided that where a Law Officer or the Director of Public Prosecutions makes a written request in that behalf, documents so impounded shall be delivered into his custody.

Payment out of small estate

12.  Where a person entitled to a fund in court or a share of such a fund dies intestate and the court is satisfied that no grant of representation of his estate has been made and that the assets of his estate, including the fund or share, do not exceed in value the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act 1965 the court may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to a grant of administration of the estate of the deceased.