County Courts Act 1984

Actions of contract and tort E+W

15 General jurisdiction in actions of contract and tort. E+W

(1) Subject to subsection (2), a county court shall have jurisdiction to hear and determine any action founded on contract or tort F1 . . ..

(2) A county court shall not, except as in this Act provided, have jurisdiction to hear and determine—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any action in which the title to F3 . . . any toll, fair, market or franchise is in question; or

(c) any action for libel of slander.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 15(1) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F2 S. 15(2)(a) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F3 Words in s. 15(2)(b) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F4 S. 15(3) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

C1 S. 15 excluded by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 39(4)

S. 15 extended by S.I. 1991/724, art. 2(1)(l)

16 Money recoverable by statute. E+W

A county court shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—

(a) it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F5 . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 16(b) and words in s. 16(a) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Modifications etc. (not altering text)

C2 S. 16 extended by S.I. 1991/724, art. 2(1)(l)

17 Abandonment of part of claim to give court jurisdiction. E+W

(1) Where a plaintiff has a cause of action for more than the county court limit in which, if it were not for more than the county court limit, a county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon a county court shall have jurisdiction to hear and determine the action, but the plaintiff shall not recover in the action an amount exceeding the county court limit.

(2) Where the court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

18 Jurisdiction by agreement in certain actions. E+W

If the parties to any action, other than an action which, if commenced in the High Court, would have been assigned to the Chancery Division or to the Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction, agree, by a memorandum signed by them or by their respective [F6 legal representatives], that a county court specified in the memorandum shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.

Textual Amendments

F6 Words in s. 18 substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(3); S.I. 1991/608, art. 2, Sch.

F7 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 19 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.

F8 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 20 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch.