County Courts Act 1984

Equity proceedings E+W

23 Equity jurisdiction. E+W

A county court shall have all the jurisdiction of the High Court to hear and determine—

(a) proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit;

(b) proceedings—

(i) for the execution of any trust, or

(ii) for a declaration that a trust subsists, or

(iii) under section 1 of the M1 Variation of Trusts Act 1958,

where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit;

(c) proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the county court limit;

(d) proceedings for the specific performance, or for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money, or in the case of a lease, the value of the property, does not exceed the county court limit;

(e) proceedings relating to the maintenance or advancement of a minor, where the property of the minor does not exceed in amount or value the county court limit;

(f) proceedings for the dissolution or winding-up of any partnership (whether or not the existence of the partnerships is in dispute), where the whole assets of the partnership do not exceed in amount or value the county court limit;

(g) proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

Marginal Citations

M1 1958 c. 53.

24 Jurisdiction by agreement in certain equity proceedings. E+W

(1) If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective [F1 legal representatives] or agents, that a county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

(2) Subject to subsection (3), this section applies to any proceedings in which a county court would have jurisdiction by virtue of—

(a) section 113(3) of the M2 Settled Land Act 1925,

(b) section 63A of the M3 Trustee Act 1925,

(c) sections 3(7), F2 . . .49(4), 66(4), 89(7), 90(3), 91(8), 92(2), 136(3), F2 . . .181(2), 188(2) of, and paragraph 3A of Part III and paragraph 1(3A) and (4A) of Part IV of Schedule 1 to, the M4 Law of Property Act 1925,

(d) sections 17(2), 38(4), 41(1A), and 43(4) of the M5 Administration of Estates Act 1925,

(e) section 6(1) of the M6 Leasehold Property (Repairs) Act 1938,

(f) sections 1(6A) and 5(11) of the M7 Land Charges Act 1972, and

(g) sections 23 and 25 of this Act,

but for the limits of the jurisdiction of the court provided in those enactments.

(3) This section does not apply to proceedings under section 1 of the M8 Variation of Trusts Act 1958.

Textual Amendments

F1 Words in s. 24(1) 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.

F2 Words in s. 24(2)(c) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

Marginal Citations

M2 1925 c. 18.

M3 1925 c. 19.

M4 1925 c. 20.

M5 1925 c. 23.

M6 1938 c. 34.

M7 1972 c. 61.

M8 1958 c. 53.