The High Court and County Courts Jurisdiction Order 1991

Made: 19th March 1991

Coming into force: 1st July 1991

The Lord Chancellor, in exercise of the powers conferred upon him by sections1 and 120 of the Courts and Legal Services Act 1990, having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:—

Title and commencement

1

This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.

Jurisdiction

2

• (1) The County Court shall have jurisdiction under—

• (a) sections ... 146 and 147 of the Law of Property Act 1925 ,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 26 of the Arbitration Act 1950 ,

• (d) section 63(2) of the Landlord and Tenant Act 1954 ,

• (e) section 28(3) of the Mines and Quarries (Tips) Act 1969 ,

• (f) section 66 of the Taxes Management Act 1970 ,

• (g) section 41 of the Administration of Justice Act 1970 ,

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) section 13 of the Torts (Interference with Goods) Act 1977 ,

• (j) section 87 of the Magistrates’ Courts Act 1980 ,

• (k) sections 19 and 20 of the Local Government Finance Act 1982 ,

• (l) sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 ,

• (m) section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 ,

• (n) sections 99, 102(5), 114, 195, 204, 230, 231 and 235(5) of the Copyright, Designs and Patents Act 1988 , ...

• (o) section 40 of the Housing Act 1988 , and

• (p) sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,

• (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings ... .

• (2) The County Court shall have jurisdiction under—

• (a) section 10 of the Local Land Charges Act 1975 , and

• (b) section 10(4) of the Rentcharges Act 1977 ,

where the sum concerned or amount claimed does not exceed £5,000.

• (3) The County Court shall have jurisdiction under the following provisions of the Law of Property Act 1925 where the capital value of the land or interest in land which is to be dealt with does not exceed £30,000:

• (a) sections 3, 49, 66, 181, and 188;

• (b) proviso (iii) to paragraph 3 of Part III of Schedule 1;

• (c) proviso (v) to paragraph 1(3) of Part IV of Schedule 1;

• (d) provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.

• (4) The County Court shall have jurisdiction under sections 89, 90, 91 and 92 of the Law of Property Act 1925 where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed £30,000.

• (5) The County Court shall have jurisdiction under the proviso to section 136(1) of the Law of Property Act 1925 where the amount or value of the debt or thing in action does not exceed £30,000.

• (6) The County Court shall have jurisdiction under section 1(6) of the Land Charges Act 1972 —

• (a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;

• (b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000;

• (c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the capital value of the land affected does not exceed £30,000;

• (d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 or an application for an order under that section relating to that land has been made to the court;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The County Court shall have jurisdiction under sections 69, 70 and 71 of the Solicitors Act 1974 where a bill of costs relates wholly or partly to contentious business done in the County Court and the amount of the bill does not exceed £5,000.

• (7A) The County Court shall have jurisdiction under the following provisions of the Trade Marks Act 1994—

• (a) sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;

• (b) paragraph 12 of Schedule 1; and

• (c) paragraph 14 of Schedule 2,

to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.

• (7B) The County Court has jurisdiction in respect of any contentious probate matter arising in connection with an application for the grant or revocation of probate or administration where—

• (a) the grant or application is made through the principal registry of the Family Division or a district probate registry under section 105 of the Senior Courts Act 1981; and

• (b) it is shown to the satisfaction of the County Court that the value of the deceased’s net estate at the date of death does not exceed £30,000.

• (7C) In paragraph (7B), “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property the deceased was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Injunctions

3

The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in the County Court where the County Court may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 or otherwise, grant such an injunction.

Allocation—Commencement of proceedings

4

Subject to articles 4A, 5, 6, 6A to 6E, proceedings in which both the County Court and the High Court have jurisdiction may be commenced either in the County Court or in the High Court.

5

• (1) Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the ... value of the claim is £50,000 or more.

• (2) In this article “personal injuries” means personal injuries to the claimant or any other person, and includes disease, impairment of physical or mental condition, and death.

• (3) This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).

6

Applications and appeals under section 19 of the Local Government Finance Act 1982 and appeals under section 20 of that Act shall be commenced in the High Court.

Allocation—Trial

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

8

• (1) Subject to paragraph (1A) a judgment or order of the County Court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

• (a) ... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;

• (b) shall be enforced only in the County Court where the sum which it is sought to enforce is less than £600.

• (c) in any other case may be enforced in either the High Court or the County Court.

• (1A) A judgment or order of the County Court for the payment of a sum of money in proceedings arising out of an agreement regulated by the Consumer Credit Act 1974 shall be enforced only in the County Court .

• (2) Subject to paragraph (3), where—

• (a) an enactment provides that a sum of money shall be or may be recoverable as if it were payable under the County Court order; and

• (b) the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

• (3) Paragraph (1)(b) does not apply to the enforcement of—

• (a) a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or

• (b) a compromise sum which is recoverable under section 19A(3) of that Act.

• (2) Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words “ Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991, ”.

Definition of value of action

9

For the purposes of Articles 4A and 5, the ... value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crown proceedings—transitional provisions

11

For a period of two years from the date upon which this Order comes into force no order shall be made transferring proceedings in the High Court to which the Crown is a party to the County Court, except—

• (a) when the proceedings are set down to be tried or heard; or

• (b) with the consent of the Crown.

Savings

12

This Order shall not apply to:

• (a) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984 ;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE

PART I— — ACTS

PART II— — STATUTORY INSTRUMENTS

Signed

Mackay of Clashfern, C. — 1991-03-19

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1990 c. 41.

[^f00002]: 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) andPart II of Schedule 2.

[^f00003]: 1 & 2 Geo. 6 c.22; section 58C was inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c. 48).

[^f00004]: 14 Geo. 6 c.27; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) andparagraph 22 of Schedule 2.

[^f00005]: 2 & 3 Eliz. 2 c.56; relevant amendments were made by the Administration of Justice Act 1973 (c. 15), section 6 and Part I of Schedule 2.

[^f00006]: 1969 c. 10; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 35 of Schedule 2.

[^f00007]: 1970 c. 9; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 36 of Schedule 2.

[^f00008]: 1970 c. 31; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 38 of Schedule 2.

[^f00009]: 1974 c. 39; relevant amendments were made by the Administration of Justice Act 1982 (c. 53), section 37 and paragraph 3 of Schedule 3 and by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 47 of Schedule 2.

[^f00010]: 1977 c. 32; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 66 of Schedule 2.

[^f00011]: 1980 c. 43; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 73 of Schedule 2.

[^f00012]: 1982 c. 32.

[^f00013]: 1984 c. 28.

[^f00014]: 1988 c. 34.

[^f00015]: 1988 c. 48.

[^f00016]: 1988 c. 50.

[^f00017]: 1975 c. 76; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 57 of Schedule 2.

[^f00018]: 1977 c. 30; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 63 of Schedule 2.

[^f00019]: 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and Part II of Schedule 2.

[^f00020]: 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and Part II of Schedule 2.

[^f00021]: 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and Part II of Schedule 2.

[^f00022]: 1972 c. 61; relevant amendments were made by the County Courts Act 1984 (c. 28), section 148(1) and Part IV of Schedule 2.

[^f00023]: 1983 c. 19.

[^f00024]: 4 & 5 Geo. 5 c.47.

[^f00025]: 1974 c. 47; relevant amendments were made by the Administration of Justice Act 1982 (c. 53), section 37 and Part II of Schedule 3, and by the County Courts Act 1984 (c. 28), section 148(1) and paragraph 50 of Schedule 2.

[^f00026]: 1984 c. 28; section 38 was replaced by the Courts and Legal Services Act 1990 (c. 41), section 3.

[^f00027]: 1984 c. 28; sections 40 and 42 were replaced, and section 41 was amended, by the Courts and Legal Services Act 1990 (c. 41), section 2.

[^f00028]: 1974 c. 39.

[^f00029]: 1981 c. 54.

[^f00030]: 1989 c. 24.

[^f00031]: 1984 c. 42.

[^f00032]: Details of relevant amendments to the statutes amended in this Schedule are set out in the footnotes to article 2.

Crown proceedings—transitional provisions

Savings