Courts and Legal Services Act 1990

Part I — Procedure etc. in Civil Courts

Allocation and transfer of business

Abolition of abatement of salary rule for judges etc.

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• (1) The Lord Chancellor may by order make provision—

• (a) conferring jurisdiction on the High Court in relation to proceedings in which the family court or the county court has jurisdiction;

• (b) conferring jurisdiction on the family court or the county court in relation to proceedings in which the High Court has jurisdiction;

• (c) allocating proceedings to the High Court or to the family court or to the county court ;

• (d) specifying proceedings which may be commenced only in the High Court;

• (da) specifying proceedings which may be commenced only in the family court,

• (e) specifying proceedings which may be commenced only in the county court;

• (f) specifying proceedings which may be taken only in the High Court;

• (fa) specifying proceedings which may be taken only in the family court;

• (g) specifying proceedings which may be taken only in the county court.

• (1A) An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.

• (2) Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.

• (3) The criteria so specified may, in particular, relate to—

• (a) the value of an action (as defined by the order);

• (b) the nature of the proceedings;

• (c) the parties to the proceedings;

• (ca) any relationship between the proceedings and any other proceedings;

• (d) the degree of complexity likely to be involved in any aspect of the proceedings; and

• (e) the importance of any question likely to be raised by, or in the course of, the proceedings.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Any such order may—

• (a) amend or repeal any provision falling within subsection (8) and relating to—

• (i) the jurisdiction, practice or procedure of the Senior Courts ; or

• (ii) the jurisdiction, practice or procedure of the county court, or

• (iii) the jurisdiction, practice or procedure of the family court,

so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or

• (b) make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.

• (8) A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.

• (9) Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).

• (10) No such order shall be made so as to confer jurisdiction on the family court or the county court to hear any application for judicial review.

• (11) For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Transfer of proceedings between courts

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• (1) The following section shall be substituted for section 40 of the County Courts Act 1984 (transfer of proceedings to county court)—

(40) (1) Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall— (a) order the transfer of the proceedings to a county court; or (b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out. (2) Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court. (3) An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings. (4) Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned. (5) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer. (6) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section— (a) the judgment or order may be enforced as if it were a judgment or order of a county court; and (b) subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes. (7) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section— (a) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and (b) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply. (8) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment. (9) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

• (2) In section 41 of the County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—

(3) The power conferred by subsection (1) shall be exercised subject to any provision made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment.

• (3) The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)—

(42) (1) Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall— (a) order the transfer of the proceedings to the High Court; or (b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out. (2) Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court. (3) An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings. (4) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer. (5) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section— (a) the judgment or order may be enforced as if it were a judgment or order of the High Court; and (b) subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes. (6) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section— (a) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and (b) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply. (7) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment. (8) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remedies

Remedies available in county courts

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The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)—

(38) (1) Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court. (2) Any order made by a county court may be— (a) absolute or conditional; (b) final or interlocutory. (3) A county court shall not have power— (a) to order mandamus, certiorari or prohibition; or (b) to make any order of a prescribed kind. (4) Regulations under subsection (3)— (a) may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations; (b) may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made; (c) may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and (d) may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations. (5) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section. (6) The power to make regulations under this section shall be exercised by statutory instrument. (7) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

Costs

Costs

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• (1) The following section shall be substituted for section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal and High Court)—

(51) (1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in— (a) the civil division of the Court of Appeal; (b) the High Court; and (c) any county court, shall be in the discretion of the court. (2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives. (3) The court shall have full power to determine by whom and to what extent the costs are to be paid. (4) In subsections (1) and (2) “proceedings” includes the administration of estates and trusts. (5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy. (6) In any proceedings mentioned in subsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court. (7) In subsection (6), “wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. (8) Where— (a) a person has commenced proceedings in the High Court; but (b) those proceedings should, in the opinion of the court, have been commenced in a county court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment, the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances. (9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question— (a) the amount of that reduction shall not exceed 25 per cent; and (b) on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction. (10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage. (11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient. (12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament. (13) In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.

• (2) In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—

(2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section

.

Evidence

Witness statements

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• (1) Rules of court may make provision—

• (a) requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;

• (b) enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and

• (c) prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.

• (2) Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).

• (3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Evidence given in arbitrations on small claims

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In section 64 of the County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—

(2A) County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2). (2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.

Appeals

Appeals to Court of Appeal

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• (1) Section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.

• (2) In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Court of Appeal to award damages

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• (1) In this section “case” means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.

• (2) Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.

• (3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Family proceedings

Allocation of family proceedings which are within the jurisdiction of county courts

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Family proceedings in magistrates' courts and related matters

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Miscellaneous

Representation in certain county court cases

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• (1) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in the county court of such a kind as may be specified in the order.

• (2) The power to make an order may only be exercised in relation to proceedings—

• (a) for the recovery of amounts due under contracts for the supply of goods or services;

• (b) for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;

• (c) on any application under the Consumer Credit Act 1974;

• (d) in relation to domestic premises; or

• (e) dealt with as a small claim in accordance with rules of court,

or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.

• (3) Where an order is made under this section, section 20 of the Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.

• (4) Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.

• (5) Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.

• (6) Where, in any proceedings in the county court—

• (a) a person is exercising a right of audience or a right to conduct litigation;

• (b) he would not be entitled to do so were it not for an order under this section; and