The County Court (Forms) (Amendment) Rules 1988

Made: 11th February 1988

Coming into force: 11th May 1988

1

• (1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1988.

• (2) In these Rules a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982[^f00001] and “the main Schedule” means that Schedule.

2

These shall be substituted in the main Schedule, for forms N.9, N.77, N.78, N.79 and N.80, the forms contained in Schedule 1 to these Rules.

3

After form N.116 there shall be added the form contained in Schedule 2 to these Rules.

4

Form N.39 shall be amended as follows—

• (1) the words in the body of the form from “Travelling expenses” to “to be served £” shall be omitted;

• (2) for the words in the body of the form from “The balance” to “is £” there shall be substituted the words “The balance now due [, including the costs of the hearing which you failed to attend,] is £”;

• (3) after the words in the body of the form “not included in the above, amount to £ ).” there shall be inserted the words—

• (4) the words in the instructions from “You (or your company)” to “handed to you” shall be omitted;

• (5) the words in the certificate from “, [when I paid” to “expenses of £ ]” shall be omitted.

SCHEDULE 1

FORM OF ADMISSION, DEFENCE AND COUNTERCLAIM TO ACCOMPANY FORMS N.1, 2, 3 AND 4

(Order 3, rule 3(2)(e))

NOTICE AS TO CONSEQUENCES OF DISOBEDIENCE TO COURT ORDER

(Order 29, rule 1(3))

NOTICE OF AN APPLICATION TO COMMIT

(Order 29, rule 1(4), 2(3))

ORDER OF COMMITTAL FOR DISOBEDIENCE TO COURT ORDER OR UNDERTAKING

(Order 29, rule 1(5))

WARRANT OF COMMITTAL

(Order 29, rule 1(5))

SCHEDULE 2

GENERAL FORM OF UNDERTAKING

Signed

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984[^f00002], having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.

Norman Francis, — Deirdre McKinney, — R.E. Hammerton, — P.G. Hebbert, — Timothy Stow, — C.S. Stuart-White, — R. Lockett, — R. Greenslade, — Patrick Eccles, — Gillian Stuart-Brown, — R.C. Newport.

I allow these Rules, which shall come into force on 11th May 1988.

Mackay of Clashfern, C. — Dated 11th February 1988

Explanatory note

(This Note is not part of the Rules.)

These Rules amend the County Court (Forms) Rules 1982 so as—

• (a) to substitute a new form of admission, defence and counterclaim (N.9) and new forms of penal notice (N.77), notice of an application to commit (N.78), order of committal for disobedience to court order or undertaking (N.79) and warrant of committal (N.80) (Rule 2 and Schedule 1);

• (b) to add a new general form of undertaking (N.117), (Rule 3 and Schedule 2), and

• (c) to amend the instructions relating to travelling expenses contained in the order for defendant’s attendance at an adjourned hearing of an oral examination (N.39) (Rule 4).

Footnotes

[^f00001]: S.I. 1982/586, as amended by S.I. 1982/1141, 1983/1715, 1984/879, 1985/567, 1986/1505 and 1987/1119.

[^f00002]: 1984 c. 28.