The County Court Rules 1981

Made: 16th November 1981

Coming into Operation: 1st September 1982

ORDER 1 — CITATION, APPLICATION AND INTERPRETATION

Citation

1

These rules may be cited as the County Court Rules 1981.

Application of rules

2

• (1) Subject to paragraph (2), these rules shall apply to all proceedings authorised by or under any existing or future Act to be commenced or taken in a county court.

• (2) In relation to proceedings of a particular kind in a county court, these rules shall have effect subject to any rules made by an authority other than the rule committee mentioned in section 102 of the Act which apply to proceedings of that kind.

Definitions

3

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— 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, 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— the summons in a default, fixed date or admiralty action, or in relation to a garnishee, an order nisi under Order 30, rule 2, or an interpleader summons or notice under Order 33, rule 4, 7 or 8, or 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).

Construction of references to Orders, rules, etc

4

Unless the context otherwise requires, and subject to rule 5, any reference in these rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these rules, and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule or that sub-paragraph of the paragraph in which the reference appears.

Construction of references to “R.S.C.”

5

In these rules the abbreviation “R.S.C.” denotes the Rules of the Supreme Court 1965 and any reference to an Order and rule prefixed by “R.S.C.” is a reference to that Order and rule in those rules.

Application of R.S.C. to county court proceedings

6

Where by virtue of these rules or section 103 of the Act or otherwise any provision of the R.S.C. is applied in relation to proceedings in a county court, that provision shall have effect with the necessary modifications and in particular—

• (a) rule 8 of this Order shall apply in relation to any power or jurisdiction conferred by that provision on the Court as it applies in relation to any power or jurisdiction conferred by these rules on the court;

• (b) any reference in that provision to a master, registrar of the principal registry of the Family Division, the Admiralty registrar, or a district registrar, Chancery registrar or taxing officer shall be construed as a reference to the registrar of the county court;

• (c) any reference in that provision to an application by summons shall be construed as a reference to an application on notice under Order 13 of these rules;

• (d) any reference in that provision to the Central Office or a district registry shall be construed as a reference to the county court office.

Construction of references to other enactments

7

Unless the context otherwise requires, any reference in these rules to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Exercise of jurisdiction of court

8

Where any jurisdiction or power is conferred by any provision of these rules on the court, then—

• (a) if the jurisdiction or power is to be exercised at the trial or hearing of an action or matter, it may be exercised by the judge or registrar before whom the trial or hearing takes place; and

• (b) if the jurisdiction or power is to be exercised at any other stage of the proceedings, it may be exercised either by the judge or by the registrar.

Computation of time

9

• (1) Any period of time fixed by these rules or by a judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

• (2) Where the act is required to be done not less than a specified period before a specified date, the period starts immediately after the date on which the act is done.

• (3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

• (4) Where the act is required to be done within a specified period after or from a specified date, the period starts immediately after that date.

• (5) Where, apart from this paragraph, the period in question being a period of 3 days or less would include a day on which the court office is closed, that day shall be excluded.

• (6) Where the time so fixed for doing an act in the court office expires on a day on which the office is closed, and for that reason the act cannot be done on that day, the act shall be in time if done on the next day on which the office is open.

Cost of repairs to be treated as liquidated claim in road accident case

10

A claim in an action for the cost of repairs executed to a vehicle or to any property in, on or abutting a highway in consequence of damage which it is alleged to have sustained in an accident due to the defendant's negligence shall, unless the court otherwise orders, be treated as a liquidated demand for the purposes of these rules.

Application of rules to conditional sale agreements

11

The provisions of these rules relating to hire-purchase agreements shall have effect in relation to conditional sale agreements within the meaning of section 1(1) of the Hire-Purchase Act 1965, subject to the modifications specified in section 45(2) of that Act.

ORDER 2 — OFFICES

Courts to have offices

Days of opening

Hours of opening

Filing of documents

Conduct of business by post

ORDER 3 — COMMENCEMENT OF PROCEEDINGS

Proceedings by action

Classes of action

Commencement of action

Originating applications

Petitions

Appeals to county court

Title of proceedings

ORDER 4 — VENUE FOR BRINGING PROCEEDINGS

Saving for particular provisions etc

General provisions as to actions

Proceedings relating to land

Proceedings under Settled Land Act 1925 etc

Partnership proceedings

Wrongful interference with goods

Proceedings by or against judge or registrar

Originating applications and petitions

Appeals to county court

ORDER 5 — CAUSES OF ACTION AND PARTIES

Joinder of causes of action

Joinder of parties

Power to order separate trials

Misjoinder or nonjoinder of parties

Representative proceedings

Representation of person or class

Representation of estate where no personal representative

Proceedings against estates

Partners may sue and be sued in firm name

Defendant carrying on business in another name

Change of parties by reason of assignment etc

Failure to proceed after death of party

12

• (1) If, after the death of a plaintiff or defendant in any action or matter, the cause of action survives but no order is made under rule 11 substituting any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the court for an order that unless the action or matter is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant who has died; but where it is the plaintiff who has died, the court shall not make an order unless satisfied that notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested person who the court considers should be notified.

• (2) Where a counterclaim is made by a defendant to any action, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were a plaintiff and the person against whom it is made a defendant.

Claim to money in court where change in parties after judgment

13

• (1) Where any change has taken place after judgment, by death, assignment or otherwise, in the parties to any action or matter and there is money standing in court to the credit of the action or matter, any person claiming to be entitled to the money may give to the proper officer notice of his claim, accompanied by an affidavit verifying the facts stated in the notice.

• (2) The registrar may, if satisfied as to the entitlement of the person giving the notice, cause the money to be paid to him or may refer the claim to the judge and may require the claimant to give notice of the claim to any other person.

• (3) It shall not be necessary for notice to be given under this rule where the person claiming to be entitled to the money in court has obtained leave under Order 26, rule 5, to issue a warrant of execution.

Bankruptcy of plaintiff

14

Rules 11 and 13 shall not apply to any case for which provision is made by section 82 of the Act.

ORDER 6 — PARTICULARS OF CLAIM

General requirements

Claim for account

Recovery of land

Injunction or declaration relating to land

Mortgage action

Hire-purchase

Further particulars

Signing of particulars and address for service

ORDER 7 — SERVICE OF DOCUMENTS

PART I — GENERALLY

General mode of service

Personal service

Days on which no service permitted

Service beyond boundary of district

Violence or threats

Proof of service or non-service

Service in foreign district

Substituted service

PART II — DEFAULT AND FIXED DATE SUMMONSES

Application of Part II

Mode of service

Solicitor accepting service

Presumed service of summons

Partners

Service on body corporate

Recovery of land

15

• (1) Where, in the case of a summons for the recovery of land which is to be served by bailiff, the court is of opinion that it is impracticable to serve the summons in accordance with any of the foregoing provisions of this Part of this Order, the summons may be served in a manner authorised by this rule.

• (2) The summons may be served on any person on the premises who is the husband or wife of the defendant or on any person who has or appears to have the authority of the defendant—

• (a) to reside or carry on business in the premises or to manage them on behalf of the defendant or to receive any rents or profits of the premises or to pay any outgoings in respect of the premises; or

• (b) to safeguard or deal with the premises or with the furniture or other goods on the premises,

and service on any such person shall be effected in the manner required by these rules with respect to a fixed date summons.

• (3) Paragraph (2) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage.

• (4) Where the premises are vacant or are occupied only by virtue of the presence of furniture or other goods, the summons may be served by affixing it to some conspicuous part of the premises.

• (5) Unless the court otherwise orders, service of a summons in accordance with this rule shall be good service on the defendant, but if a claim for the recovery of money is joined with the claim for recovery of land, the court shall order the summons to be marked “not served” with respect to the money claim unless in special circumstances the court thinks it just to hear and determine both claims.

Late knowledge of service

16

Where a fixed date summons has been served on a defendant in one of the modes mentioned in this Part of this Order but it appears to have come to his knowledge less than 21 days before the return day, the court may, without prejudice to its powers under rule 10(5) or Order 13, rule 4.—

• (a) allow the action to proceed whether or not the defendant appears on the return day, or

• (b) adjourn the hearing or, as the case may be, the pre-trial review.

Error in request

17

• (1) Subject to the following paragraphs of this rule, a summons which has not been served may be amended on the plaintiff filing an amended request for the issue of the summons.

• (2) An amendment may be made under paragraph (1) notwithstanding that it consists of the addition or substitution of a defendant but in that case Order 15, rule 2(3), shall apply to the amendment as it applies to an amendment made under paragraph (1) of that rule.

• (3) If the bailiff by whom a summons is to be served ascertains before notice of non-service has been sent that the defendant has removed from the address stated on the summons to a new address within the district of the court, it shall be his duty to serve the summons without amendment and to state the new address in his certificate of service.

• (4) Where the defendant's address stated in the request for the issue of the summons was within the district of the court and at the time of the entry of the plaint the defendant was not residing or carrying on business within the district, an amendment of the address shall be allowed only on the plaintiff filing a fresh request for the issue of the summons showing that the court had jurisdiction under Order 4, rule 2, to entertain the action.

Doubtful service

18

• (1) If it appears from the certificate of service of a default or fixed date summons that the summons has been delivered to a person under rule 10(1)(b) but it is doubtful whether the court will be satisfied that the summons has come to the defendant's knowledge in sufficient time, the proper officer of the court for the district in which the summons is to be served shall give to the plaintiff notice of doubtful service.

• (2) Where such a notice has been given and the defendant does not deliver a defence, admission or counterclaim or, in the case of a fixed date summons, does not appear on the return day, the plaintiff may be required to satisfy the court that the summons has come to the defendant's knowledge in sufficient time.

• (3) In this rule “sufficient time” means —

• (a) in the case of a default summons, sufficient time for the defendant to deliver a defence, admission or counterclaim within 14 days after delivery of the summons under rule 10(1)(b), and

• (b) in the case of a fixed date summons, sufficient time for him to attend on the return day.

Successive summonses

19

• (1) Where a fixed date summons has not been served on every defendant, successive summonses may from time to time be issued without entering a new plaint, on the plaintiff filing an amendment request on each occasion when a successive summons is to be issued.

• (2) Where a fixed date summons has not been served by reason of a defendant having, after entry of the plaint, removed out of the district in which the summons was required to be served, successive summonses may from time to time be issued for service in any district to which he has removed.

• (3) A successive summons shall—

• (a) bear the same date and number as the original summons; and

• (b) be a continuance of the original summons; and

• (c) be served in accordance with rule 10.

Duration and renewal of summons

20

• (1) The time within which a summons may be served shall, unless extended under paragraph (2), be limited to a period of 12 months beginning with the date of issue of the summons.

• (2) The court may extend the period for service of a summons from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as the court may specify, if an application for extension is made before that day or such later day (if any) as the court may allow.

Notice of service of default summons

21

Where a default summons has been served by a bailiff or other officer of a county court, the proper officer of that court shall send notice of service to the plaintiff.

ORDER 8 — SERVICE OUT OF ENGLAND AND WALES

Interpretation

Conditions of allowing service of originating process

Collision of ships and similar cases

Conditions of allowing service of other process

Scotland and Northern Ireland

Application to be supported by evidence

Return day etc

Modes of service

Service by applicant

Service through the court

Proof of service

Setting aside the service

ORDER 9 — ADMISSION, DEFENCE, COUNTERCLAIM AND ANSWER

Application of Order

Admission, defence or counterclaim to be delivered

Admission of part or request for time in default action

Admission in fixed date action

Defence or counterclaim in default action

Judgment in default or on admission in default action

Default judgment for mortgage money

Interest after action brought

Failure to deliver admission etc. in time

Striking out default action after twelve months

Particulars of defence

Defence of tender

Delivery of defence not a waiver

Summary judgment where no real defence

Counterclaim against person other than plaintiff

Admission in action for recovery of land

Interpretation

Answer to originating application

Signing of admission etc. and address for service

ORDER 10 — PERSONS UNDER DISABILITY

Person under disability to have next friend or guardian ad litem

Next friend without appointment

Appointment of next friend by court

Service on person under disability

Guardian ad litem without appointment

Appointment of guardian ad litem

Appointment of guardian ad litem at hearing

Application of preceding rules to liquidated sums and matters

Guardian not liable for costs

Compromise etc. by person under disability

Control of money recovered by person under disability

Authority of next friend or guardian

ORDER 11 — PAYMENT INTO AND OUT OF COURT

Payment into court before judgment

Payment of whole sum

Acceptance of lesser sum

Payment out of court

Late acceptance

Payment of hospital expenses

Non-disclosure of payment into court

Counterclaim

Money paid into court under order

ORDER 12 — THIRD PARTY AND SIMILAR PROCEEDINGS

Third party notice

Admission or defence by third party

Hearing of action

Setting aside third party proceedings

Claim against person already a party

Fourth and subsequent parties

Offer of contribution

Application to counterclaim

ORDER 13 — APPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS

General provisions

Directions

Adjournment

Extension or abridgment of time

Striking out pleadings

Application for injunction

Application of R.S.C. relating to other interlocutory matters

Security for costs where plaintiff resident out of England and Wales

Order for consolidation etc

Juries

Assessors

ORDER 14 — DISCOVERY AND INTERROGATORIES

Discovery of documents

Disclosure of particular documents

Inspection of documents referred to in list

Inspection of documents referred to in pleadings and affidavits

Order for production for inspection

Inspection by court before order

Order for production to court

Discovery etc. to be ordered only if necessary

Saving for public interest

Failure to comply with order for discovery etc

Interrogatories

Revocation and variation of orders

ORDER 15 — AMENDMENT

Amendment by order

Amendment of pleadings without order

Joinder of defendant in action for recovery of land

Actions for wrongful interference with goods

Clerical mistakes and errors

ORDER 16 — TRANSFER OF PROCEEDINGS

PART I — FROM ONE COUNTY COURT TO ANOTHER

General power of transfer

Proceedings commenced in wrong court

Saving for statutory provisions

Making and carrying out of order for transfer

Transfer of money in court

PART II — FROM THE HIGH COURT TO A COUNTY COURT

General provisions on transfer from High Court

Interpleader proceedings under execution

Money for benefit of person under disability

PART III — FROM A COUNTY COURT TO THE HIGH COURT

Action for recovery of land

Objection to trial in county court

Procedure on transfer or removal

Certiorari or prohibition

ORDER 17 — PRE-TRIAL REVIEW

Matter to be considered on pre-trial review

Securing admissions and agreements

Application for particular direction

Rules as to interlocutory applications to apply

Non-appearance by plaintiff

Admission by defendant of plaintiff's claim

Non-appearance by defendant who has not delivered admission or defence

Non-appearance by defendant who has delivered defence

Fixing date of hearing

Pre-trial review in other proceedings

ORDER 18 — DISCONTINUANCE OF PROCEEDINGS

Notice of discontinuance

Effect of discontinuance

Discontinuance of counterclaim

ORDER 19 — REFERENCE TO ARBITRATION OR FOR INQUIRY AND REPORT OR TO EUROPEAN COURT

PART I — REFERENCE TO ARBITRATION

Interpretation of Part I

Mode of reference

Reference of other matters in dispute

Service of order for reference to outside arbitrator

Conduct of reference

Restriction on allowance of costs

PART II — REFERENCE FOR INQUIRY AND REPORT

Mode of making order for reference

Registrar's power to make order

Conduct of reference

Saving for power of committal

PART III — REFERENCE TO EUROPEAN COURT

Making and transmission of order

ORDER 20 — EVIDENCE

PART I — ADMISSIONS

Admission of other party's case

Notice to admit facts

Notice to admit or produce documents

PART II — EVIDENCE GENERALLY

Evidence generally to be given orally and in open court

Evidence in chambers

Evidence by affidavit on order

Use of affidavit on notice

Evidence of particular facts

Savings and revocation or variation of orders

Form and contents of affidavit

Documents produced from proper custody

PART III — —SUMMONING AND EXAMINATION OF WITNESSES

Witness summons

Evidence by deposition

PART IV — —HEARSAY EVIDENCE

Interpretation and application

Notice of intention to give certain-statements in evidence

Application of R.S.C

Counter-notice requiring person to be called as a witness

Determination of question whether person can or should be called as a witness

Directions with respect to statement made in previous proceedings

Power of court to allow statement to be given in evidence

Restriction on adducing evidence as to credibility of maker etc. of certain statements

Notice required of intention to give evidence of certain inconsistent statements

22

• (1) Where a person, particulars of whom were contained in a notice given under rule 15, is not to be called as a witness at the trial or hearing, any party who is entitled and intends to adduce in relation to that person any evidence which is admissible for the purpose mentioned in section 7(1)(b) of the Act of 1968 must, not more than 7 days after service of that notice on him, give notice of his intention to do so to the proper officer and to the party who gave the notice under rule 15.

• (2) R.S.C. Order 38, rule 22(1) and (2), shall apply to a notice under this rule as if the notice were a notice under rule 15 and the statement to which the notice relates were a statement admissible by virtue of section 2 of the Act of 1968.

• (3) The court may, if it thinks it just to do so, allow a party to give in evidence at the trial or hearing of an action or matter any evidence which is admissible for the purposes mentioned in the said section 7(1)(b) notwithstanding that that party has failed to comply with the provisions of paragraph (1).

Costs

23

If—

• (a) a party to an action or matter serves a counter-notice under rule 17 in respect of any person who is called as a witness at the trial of the action or matter in compliance with a requirement of the counter-notice, and

• (b) it appears to the court that it was unreasonable to require that person to be called as a witness,

Exercise of jurisdiction

24

Order 1, rule 8, shall have effect in relation to the jurisdiction of the court under sections 2(2)(a), 2(3), 4(2)(a) and 6(1) of the Act of 1968 as it has effect in relation to any jurisdiction conferred by these rules.

Evidence of findings on foreign law

25

• (1) Subject to the provisions of this rule, a party who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 4(2) of the Civil Evidence Act 1972 shall, not less than 14 days before the day fixed for the trial or hearing or within such other period as the court may specify, serve notice of his intention on every other party to the proceedings.

• (2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.

• (3) In any action or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.

• (4) Unless in any particular case the court otherwise directs, paragraph (1) shall not apply to an action or matter in which no defence or answer has been filed.

Statements of opinion

26

Where a party to an action or matter desires to give in evidence by virtue of Part I of the Act of 1968 as extended by section 1(1) of the Civil Evidence Act 1972, a statement of opinion other than a statement to which Part III of this Order applies, the provisions of rules 14 to 24 of this Order (except so much of rule 16 as applies R.S.C. Order 38, rule 24) shall apply with such modifications as the court may direct or the circumstances of the case may require.

PART V — —EXPERT EVIDENCE

Restrictions on adducing expert evidence

27

• (1) Except with the leave of the court or where all parties agree, no expert evidence may be adduced at the trial or hearing of an action or matter, unless the party seeking to adduce the evidence has applied to the court to determine whether a direction should be given under rule 37, 38 or 41 (whichever is appropriate) of R.S.C. Order 38, as applied by rule 28 of this Order, and has complied with any direction given on the application.

• (2) Nothing in paragraph (1) shall apply to expert evidence which is permitted to be given by affidavit or which is to be adduced in an action or matter in which no defence or answer has been filed or in proceedings referred to arbitration under section 92 of the Act.

• (3) Nothing in paragraph (1) shall affect the enforcement under any other provision of these rules (except Order 29, rule 1) of a direction given under this Part of this Order.

Application of R.S.C

28

R.S.C. Order 38, rules 37 to 44 shall apply in relation to an application under rule 27 of this Order as they apply in relation to an application under rule 36(1) of the said Order 38.

ORDER 21 — HEARING OF ACTION OR MATTER

Non-appearance by plaintiff

Failure by plaintiff to prove claim

Non-appearance or admission by defendant

Counterclaims

Registrar's jurisdiction

Inspection by judge or jury

ORDER 22 — JUDGMENTS AND ORDERS

Drawing up and service of judgments and orders

Time for payment of money judgments

Time for complying with other judgments

Judgment in favour of reversioner for detention of goods

Entry of judgment on plaintiff's request where defendant debarred etc

Assessment of damages under interlocutory judgment

Settlement of judgment and preparation of deed

Certificate of judgment

Payment in reduction of judgment debt

Variation of payment

Set-off of cross judgments

Sale etc. by order of court

Order of appellate court

ORDER 23 — ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS

Service of notice of judgment

Application of R.S.C

Registrar's certificate and further consideration

ORDER 24 — SUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND OR RENT

PART I — LAND

Proceedings to be by originating application

Affidavit in support

Service of originating application

Application by occupier to be made a party

Hearing of originating application

Warrant of possession

Setting aside order

Part II — RENT

Claim for arrears of rent by rent action

Venue

Form of summons and service

Certain rules not to apply

ORDER 25 — ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Judgment creditor and debtor

Transfer of proceedings for enforcement

Oral examination of debtor

Examination of debtor under judgment not for money

Production of plaint note

Description of parties

Recording and giving information as to warrants and orders

Suspension of judgment or execution

Enforcement of judgment or order against firm

Enforcing judgment between a firm and its members

Enforcement of High Court judgment

Enforcement of award of tribunal

ORDER 26 — WARRANTS OF EXECUTION, DELIVERY AND POSSESSION

Application for warrant of execution

Execution of High Court judgment

Execution against farmer

Concurrent warrants

Leave to issue certain warrants

Duration and renewal of warrant

Notice on levy

Bankruptcy or winding up of debtor

Costs of warrant

Withdrawal and suspension of warrant at creditor's request

Suspension of part warrant

Inventory and notice where goods removed

Account of sale

Notification to foreign court of money paid into home court

Order for private sale

Warrant of delivery

Warrant of possession

Saving for enforcement by committal

ORDER 27 — ATTACHMENT OF EARNINGS

PART I — GENERAL

Interpretation

Index of orders

Appropriate court

Mode of applying

Service and reply

Notice to employer

Hearing of application

Enforcement of debtor's attendance

Costs

Contents and service of order

Application to determine whether particular payments are earnings

Notice of cesser

Variation and discharge by court of own motion

Transfer of attachment order

Exercise of power to obtain statement of earnings etc

Offences

Maintenance orders

PART II — CONSOLIDATED ATTACHMENT OF EARNINGS ORDERS

Cases in which consolidated order may be made

Application for consolidated order

Making of consolidated order by court of its own motion

Extension of consolidated order

Payments under consolidated order

ORDER 28 — JUDGMENT SUMMONSES

Application for judgment summons

Mode of service

Time for service

Enforcement of debtor's attendance

Evidence by affidavit

Notification of payment of judgment summons

Suspension of committal order

New order on judgment summons

Notification of order on judgment of High Court

Costs on judgment summons

Issue of warrant of committal

Notification to foreign court of part payment before debtor lodged in prison

Payment after debtor lodged in prison

Discharge of debtor otherwise than on payment

ORDER 29 — COMMITTAL FOR BREACH OF ORDER OR UNDERTAKING

Enforcement of judgment to do or abstain from doing any act

Solicitor's undertaking

Discharge of person in custody

ORDER 30 — GARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtor

Application for order

Preparation, service and effect of order to show cause

Payment into court by garnishee

Notice by bank denying indebtedness

Order where money paid in by garnishee

Order where no payment into court etc

Directions where dispute as to part payment or notice under rule 5

Determination of liability in other cases

Transfer of proceedings

Discharge of garnishee

Money in court

Costs of judgment creditor

Attachment of debt owed by firm

Powers of registrar

ORDER 31 — CHARGING ORDERS

Application for charging order

Order on further consideration of application for charging order

Effect of charging order, etc

Enforcement of charging order by sale

ORDER 32 — RECEIVERS

Application for appointment

Receiver to give security

Application of R.S.C

ORDER 33 — INTERPLEADER PROCEEDINGS

PART I — UNDER EXECUTION

Notice of claim

Reply to claim

Order protecting registrar

Issue of interpleader proceedings

Claim for damages

PART II — OTHERWISE THAN UNDER EXECUTION

Application for relief

Relief in pending action

Relief otherwise than in pending action

Payment into court etc

Reply by claimant

Order barring claim etc

Relief in pending matter

ORDER 34 — PENAL AND DISCIPLINARY PROVISIONS

Issue and service of summons for offence under s. 30, 31, 127 or 164 of the Act

Notice to show cause before or after fine under s. 84 of the Act

Non-payment of fine

Repayment of fine

ORDER 35 — THE INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882

Application for certificate of county court judgment

Registration of certificate of court outside England and Wales

ORDER 36 — ENFORCEMENT OF MAINTENANCE ORDERS IN COURTS OTHER THAN COUNTY COURTS

PART I — MAINTENANCE ORDERS ACT 1950

Interpretation of Part I

Prescribed officer

Application for registration in Scotland or Northern Ireland

Variation or discharge of order by court which made it

Recording of registration, variation or cancellation by court of registration

Application to adduce evidence

PART II — MAINTENANCE ORDERS ACT 1958

Application for registration in magistrates' court

Procedure on grant of application

Variation or discharge of order by county court

Recording of registration, variation or cancellation by magistrates' court

PART III — MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972

Interpretation of Part III

Prescribed officer

Application for transmission of order to reciprocating country

Provisional order

Taking of evidence for court in reciprocating country

Notification of variation or revocation

Transmission of documents

Application of Part III to the Republic of Ireland

Application of Part III to Hague Convention countries

ORDER 37 — REHEARING, SETTING ASIDE AND APPEAL FROM REGISTRAR

Rehearing

Setting aside judgment given in party's absence

Setting aside on failure of postal service

Setting aside default judgment

Non-compliance with rules

Appeal from registrar

Setting aside arbitrator's award

Imposition of terms and stay of execution

ORDER 38 — COSTS

Discretion

Taxation of costs

Costs to be regulated by scales

Determination of scale

Discretionary allowances

Allowance or disallowance of items by judge

Value added tax

Restrictions on allowance of counsel's fees

Allowance of increased sums on taxation

Plans in collision actions

Expenses of inspection

Allowance of items not in scale

Attendance allowance for witness of fact

Expert witness's fees

Further provisions as to witnesses' allowances

Interpreters

Litigant in person

Fixed costs

Assessed or agreed costs

Taxation of costs as between party and party

Taxation as between solicitor and client

Taxation of costs awarded by tribunal

Bases of taxation

Review of taxation

Costs arising from misconduct or default

ORDER 39 — ADMINISTRATION ORDERS

Exercise of powers by registrar

Request and list of creditors

Verification on oath

Forwarding of certificate of judgment to another court

Appointment of day for consideration

Notice of objection by creditor

Procedure on day of hearing

Direction for order to be subject to review

Service of order

Subsequent objection by creditor

Subsequent proof by creditor

Leave to present bankruptcy petition

Conduct of order

Review of order

Reference of question of making a receiving order

Discharge of attachment of earnings order

Declaration of dividends

Creditors to rank equally

Change of debtor's address

ORDER 40 — ADMIRALTY PROCEEDINGS

Application and interpretation

Venue for commencement of action

Particulars of claim in action in rem

Warrant of arrest

Service of summons or warrant in action in rem

Service of summons in action in personam

Interveners

Delivery of defence etc

Particulars in collision actions

Examination of witness before trial

Bail

Release of property under arrest

Sale of property after judgment in action in rem

Appraisement

Completion of sale

Costs of order for sale

Transfer of proceedings for sale to High Court

Retention of money where more than one action

Reference to registrar

ORDER 41 — PROBATE ACTIONS

Interpretation

Commencement of probate action

Judgment to be sent to every party

Application of R.S.C

ORDER 42 — PROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretation

Venue in proceedings against the Crown

Venue in proceedings for recovery of tax

Particulars of claim in action against the Crown

Subsequent procedure in default action

Subsequent procedure in fixed date action

Service on the Crown

Summary judgment in Admiralty actions etc

Counterclaim in proceedings by or against the Crown

Adjustment of liability under judgment for taxes

Third party notice against the Crown

Discovery against the Crown

Execution and satisfaction of orders against Crown

Attachment of debts, etc

ORDER 43 — THE LANDLORD AND TENANT ACTS 1927 AND 1954

Interpretation

Commencement of proceedings and answer

Claim for compensation in respect of improvement

Proceedings under Part I of the Act of 1927

Proceedings under Part I of the Act of 1954

Application for new tenancy under s. 24 of the Act of 1954

Answer to application for new tenancy under s. 24 of Act of 1954

Order dismissing application under section s. 24 which is successfully opposed

Other applications under Part II of Act of 1954

Service of order in proceedings under Part II of Act of 1954

Proof of determination of rateable value

Transfer of jurisdiction to High Court

Provisions as to assessors

Joinder of and notice to persons affected

Registrar's jurisdiction

ORDER 44 — THE AGRICULTURAL HOLDINGS ACT 1948 AND THE AGRICULTURAL HOLDINGS (NOTICE TO QUIT) ACT 1977

Order to arbitrator to state case

Special case stated by arbitrator

Removal of arbitrator or setting aside award

Enforcement of order imposing penalty

ORDER 45 — THE REPRESENTATION OF THE PEOPLE ACT 1949

Application for taxation of returning officer's account

Appeal from decision of registration officer

Selected appeal

ORDER 46 — THE LEGITIMACY ACT 1976

Manner of application

Preliminary consideration and service

Answer

ORDER 47 — DOMESTIC AND MATRIMONIAL PROCEEDINGS

Consent to marriage of minor

Married Women's Property Act 1882, s. 17

Law Reform (Husband and Wife) Act 1962, s.1(1)

Matrimonial Homes Act 1967

Family Law Reform Act 1969

Guardianship of Minors Act 1971 and 1973

Children Act 1975

Domestic Violence and Matrimonial Proceedings Act 1976

Domestic Proceedings and Magistrates' Courts Act 1978

ORDER 48 — FAMILY PROVISION

Interpretation

Mode of application

Filing of application

Parties

Answer

Subsequent application

Hearing

Endorsement of memorandum on grant

Transfer to High Court

ORDER 49 — MISCELLANEOUS STATUTES

Administration of Justice Act 1970

Chancel Repairs Act 1932

Companies Acts 1948 to 1980

Consumer Credit Act 1974

Fair Trading Act 1973

Hire-Purchase Act 1965

Housing Act 1961

Leasehold Reform Act 1967

Licensing Act 1964

Local Government Act 1972

Local Government (Miscellaneous Provisions) Act 1976

Mental Health Act 1959

Mobile Homes Act 1975

Pilotage Act 1913

Post Office Act 1969

Rentcharges Act 1977

Sex Discrimination Act 1975 and Race Relations Act 1976

Solicitors Act 1974

Trade Union Act 1913

Trustee Act 1925, s. 63

ORDER 50 — GENERAL PROVISIONS

Practice directions

Powers of registrar when exercising his jurisdiction

Distribution of business between judge and registrar

Notices

Change of solicitor etc

Signing of pleadings settled by counsel

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

Expense of advertisement

Security for costs

Supply of documents from court records

Impounded documents

Payment out of small estate

ORDER 51 — REVOCATIONS AND TRANSITIONAL PROVISIONS

Revocations

Transitional Provisions

Signed

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 102 of the County Courts Act 1959, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

Henry Ruttle — A.C. Goodall — David Peck — S.S. Gill — J.B. Taylor — M.A.W. Grundy — M. Birks — Fielding Hatton — Andrew Smith — Norman Cooper — E.J.D. Evans

I allow these Rules which shall come into operation on 1st September 1982.

Hailsham of St. Marylebone, C — Dated 16th November 1981

Explanatory note

EXPLANATORY NOTE

These rules substitute for the County Court Rules 1936, as amended, a new code of county court procedure, omitting and shortening obsolete or little used provisions and generally simplifying and modernising the practice of the court. Where appropriate, the procedure is assimilated to that of the High Court, either by incorporating the relevant provisions of the Rules of the Supreme Court or by relying on their application through section 103 of the County Courts Act 1959. The new provisions are arranged in more logical order and several changes of a general character have been made. Except in relation to judicial acts, the term “registrar” is replaced by “proper officer”, which in accordance with the system prevailing in practice, will usually be the chief clerk (Order 1, rule 3). The powers of the registrar are extended, notably by omitting the requirement in some cases for them to be exercised only with the leave of the judge, although where the judge and the registrar have concurrent jurisdiction, the judge will be able to make arrangements for the proper distribution of business between himself and the registrar (Order 50, rule 3). Wherever possible, time limits are standardised; “clear” days and other special modes of calculating time are eliminated by the introduction of a general provision (Order 1, rule 9) for periods of time to be exclusive of the days by reference to which they are fixed. Instead of specifying the forms to be used in county court proceedings, the rules leave them to be prescribed, so far as necessary, by a separate statutory instrument.

The following are the more important of the specific changes made by the rules:—

(1) The obligation previously imposed on a plaintiff resident outside England and Wales to give security for the defendant's costs before commencing proceedings is replaced by a provision (in Order 13, rule 8) enabling the defendant in such circumstances to apply for security.

(2) The default action is extended to unliquidated as well as liquidated claims. If the claim is for some relief other than the payment of money, the proceedings are to be brought by “fixed date” (replacing the “ordinary”) action, while in all other cases they are to be brought by default action. The former exceptions for claims against persons under disability or to recover mortgage money or interest accruing after the commencement of the proceedings are abolished (Order 3, rule 2).

(3) Order 5 has been rewritten to deal with the causes of action as well as parties but the provisions relating to persons under disability have been transferred to a new Order 10. There is no longer any restriction on the joinder of claims with an action for recovery of land (Order 5, rule 1) and the provisions relating to representative actions have been re-cast (Order 5, rule 5). The methods of suing a person carrying on business in a firm name are set out (Order 5, rule 10) and the procedure to be followed where there is a change in a party's title before judgment now applies to a change at any stage of the proceedings (Order 5, rule 11).

(4) It will no longer be a condition precedent to the making of an order for further particulars of a claim or defence or for discovery that the applicant should have made a prior request for what he requires but the court may refuse an order in the absence of such a request (Order 6, rule 7; Order 9, rule 11; Order 14, rule 1).

(5) The provisions about the service of documents have been shortened and simplified. Personal service may be effected by an agent of a party without his having to be in the party's permanent and exclusive employ (Order 7, rule 2). The court may entertain an application for extension of the time for service of a summons or the execution of a warrant even after the current period has expired and a successive summons may be issued at any time during the validity of the summons for service (Order 7, rules 19 and 20; Order 26, rule 6). The rules as to service out of England and Wales are transferred to a separate Order (Order 8).

(6) The provisions relating to the delivery of an admission, defence or counterclaim in ordinary (now fixed date) and default actions are combined in a new Order 9. The procedure for the entry of judgment on acceptance of an admission and offer of payment is confined to default actions (and hire-purchase actions by virtue of Order 49, rule 6); but it will be open to the plaintiff in a fixed date action (other than a possession action) to apply for such judgment as he may be entitled to upon any admission delivered by the defendant (Order 9, rules 3 and 4). In a default action judgment may be entered not only where the defendant fails to deliver an admission, defence or counterclaim within the time prescribed but also where he delivers a bare admission unaccompanied by a request for time for payment (Order 9, rule 6). If the claim is for unliquidated damages, any default judgment will be interlocutory judgment for damages to be assessed. No judgment may be entered for money secured by a mortgage without the leave of the court (Order 9, rule 7). Interest payable by virtue of a statute or contract after the commencement of the proceedings may be included in the judgment (Order 9, rule 8).

(7) Order 10 collects together most of the rules relating to persons under disability. No formal appointment of a person as guardian ad litem will be required where he delivers on behalf of the person under disability an admission or defence accompanied by specified documents (Order 10, rule 5). Where a defendant under disability has no guardian ad litem, the registrar is no longer required to send the plaintiff a warning notice but the plaintiff must, after the time for delivery of a defence has expired and before taking any further step in the proceedings, apply to the court for the appointment of a guardian (Order 10, rule 6).

(8) Payment of the costs stated on the summons with the full amount of the plaintiff's claim or an amount accepted by the plaintiff in satisfaction of his claim will absolve the defendant from liability for further costs only if the claim is for a debt or liquidated demand (Order 11, rules 2(2) and 3(4)). A payment in satisfaction may be made at any time before judgment, even after the hearing of the action has begun (Order 11, rules 1(1) and 3(2)).

(9) The provisions relating to third parties are simplified, notably by enabling a third party notice in certain circumstances to be issued without leave and providing for the proceedings as between the plaintiff and the defendant and as between the defendant and the third party to be dealt with at the same time (Order 12, rules 1, 2 and 3).

(10) The rules with regard to interlocutory applications are re-stated. In particular, an application must be made on two days' notice unless permitted to be made ex parte and an appeal will lie to the judge from any order made by the registrar (Order 13, rule 1). The provisions relating to the consolidation of actions and matters and the appointment of assessors, which previously formed the subject of separate Orders, are shortened and included in Order 13 as rules 9 and 11.

(11) The provisions about discovery are replaced by a new code based largely on the corresponding provisions of R.S.C. Order 24 (Order 14, rules 1–10 and 12).

(12) The powers of amendment are assimilated to those of the High Court, particularly in cases where a relevant limitation period has expired (Order 15, rules 1 and 3).

(13) The power to transfer proceedings from one county court to another is extended to cases in which a disposal, pre-trial review, interlocutory application, enforcement process or payment into court could more conveniently be taken or made in the other court (Order 16, rule 1).

(14) Changes are made in the provisions relating to pre-trial review so as to extend the use of the procedure and render it more effective (Order 17).

(15) Notice of discontinuance can only be given before judgment or final order in the proceedings and the notice given to the proper officer must contain a certificate that notice has also been given to the defendant (Order 18, rule 1).

(16) The terms of reference applicable where proceedings are referred to the registrar for arbitration provide for the registrar on preliminary consideration of the dispute to have the same powers as on a pre-trial review (Order 19, rule 5(2)).

(17) The Order relating to evidence contains a number of new provisions enabling, for example, evidence to be given by affidavit in any proceedings in chambers, facts to be proved by the production of documents if the court so orders and witness summonses to be served by post subject to certain safeguards (Order 20, rules 5, 8 and 12).

(18) If the plaintiff does not appear on the day fixed for the hearing of an action or matter, the court may, instead of striking out the proceedings, proceed with the hearing in his absence if the defendant is present (Order 21, rule 1).

(19) The provisions about the enforcement of judgments and orders are divided into separate Orders dealing first with enforcement generally and then with the individual methods of enforcement (Orders 25 to 32).

(20) The requirements as to the service of an order for oral examination are simplified; the provision for fortnightly instead of monthly returns of non-execution to be sent where a warrant is for more than £50 is dropped; the requirements as to the enforcement of a judgment against a firm are generalised and brought closer to the corresponding High Court provisions, and an application for the enforcement in the county court of the award of a tribunal may be made ex parte by affidavit instead of by originating application (Order 25, rules 3, 7, 9 and 12).

(21) The minimum sum for which a part warrant may be issued is raised from £10 to £15 and the effect of suspending such a warrant is clarified (Order 26, rules 1 and 11).

(22) The cases in which leave to issue execution is required are restated in a comprehensive provision based on the corresponding High Court rule (Order 26, rule 5).

(23) The registrar as well as a party is enabled to apply for an order for goods seized in execution to be sold otherwise than by public auction (Order 26, rule 15).

(24) In view of their limited scope, the provisions relating to judgment summonses are shortened and simplified, clearer terminology is used and the costs allowable are redefined (Order 28).

(25) The rules as to committal for breach of an order or undertaking have been brought closer to the corresponding High Court provisions, for example by making it clear that an order to do an act must be served within the time limited for complying with it (Order 29).

(26) Garnishee proceedings will normally be taken in the court in which the judgment was obtained and not the court in which the garnishee could have been sued, and instead of issuing a summons the registrar will make an order nisi in the first instance (Order 30, rule 1). Where the garnishee is a bank and alleges that it does not hold any money to the credit of the judgment debtor, the bank will be able to file a notice to that effect, whereupon, unless the facts are disputed, the proceedings will be stayed (Order 30, rule 5).

(27) The provisions about the appointment of a receiver and the issue of interpleader proceedings are simplified, partly by applying the corresponding High Court provisions (Orders 32 and 33).

(28) In place of the former power to order a new trial, Order 37, rule 1, enables the judge to order a rehearing of proceedings tried without a jury where no error of the court at the hearing is alleged. This power may be exercised by the registrar where the proceedings were originally tried by the registrar.

(29) The rules relating to the costs of county court proceedings are stated more simply and concisely (Order 38). The time for lodging a bill of costs for taxation is extended from 14 days to 3 months after the making of the order for costs and the registrar is given the option of either fixing an appointment or carrying out a provisional taxation (Order 38, rule 20). The time limits for bringing in objections and thereafter applying for a review of taxation are also extended but any objections will be considered without a hearing (Order 38, rule 24).

(30) The procedure in Admiralty actions is simplified and modernised, for example by abolishing the entry of appearance, reducing the need to file preliminary acts, omitting many of the requirements as to bail and clarifying the provisions as to the enforcement of a judgment in rem (Order 40).

(31) The provisions as to proceedings by and against the Crown are collected in a new Order 42. The prohibition against bringing a default action against the Crown is removed although it will not be possible to enter a default judgment without the leave of the court or to apply for summary judgment under Order 9, rule 14 (Order 42, rule 5). The procedure for attaching money due from the Crown and appointing a receiver of such money is simplified (Order 42, rule 14).

(32) In proceedings under the Landlord and Tenant Act 1954 the parties will no longer be required automatically to serve notice of the proceedings on mesne and superior landlords, but particulars of persons likely to be affected by the proceedings must be given in the pleadings so that the court can decide, for example on a pre-trial review, whether to order such persons to be given notice of or made parties to the proceedings (Order 43, rules 6, 7 and 14).

(33) Order 47 groups together a number of miscellaneous and formerly scattered provisions about consent to marriage and other family affairs.

(34) The provisions about proceedings under other special statutes which do not justify separate Orders are collected, with some redrafting, in a new Order 49.

(35) The requirements relating to change of solicitor are simplified and, in particular, no time limit is laid down for giving the court notice of a change (Order 50, rule 5).

(36) The provisions about supplying documents from the court records are clarified and a duplicate plaint note may be issued without proof of the loss or destruction of the original unless it is specially required (Order 50, rule 10).

(37) The Appendices are reduced to three (A, B and C), dealing respectively with the Higher Scales of Costs, the Tables of Fixed Costs and the Assessment of Costs.

Footnotes

[^f00001]: Cmnd. 3986.

[^f00002]: 1948 c. 38, 1967 c. 81, 1976 c. 69, 1980 c. 22.

[^f00003]: The amending instruments are: S.R. & O. 1936/1312, 1937/239, 1938/18, 731, 1475, 1939/778, 815, 1351, 1942/1070, 1943/549, 1120, 1944/63, 152, 481, 762, 986, 1947/737, 1919, 2576; S.I. 1950/1231, 1993, 1951/1354, 1952/2198, 1953/1728, 1954/1394, 1675, 1955/1799, 1956/471, 1243, 1851, 1957/174, 1136, 1958/2226, 1959/1251, 1960/1275, 1837, 1961/1526, 1962/1293, 1963/403, 1964/353, 1974, 1965/2147, 1966/1303, 1967/276, 1812, 1968/2010, 1969/585, 1970/30, 204, 673, 1201, 1871, 1971/781, 836, 2127, 2152, 1972/208, 1156, 1593, 1973/345, 847, 1412, 1974/178, 636, 1138, 1354, 1975/285, 1345, 2040, 1976/314, 2137, 1977/604, 615, 1206, 2194, 1978/682, 794, 911, 1943, 1979/1045, 1488, 1980/329, 628, 1807, 1982, 1981/1181.