County Courts Act 1984

Judgments and orders. E+W

70 Finality of judgments and orders. E+W

Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.

71 Satisfaction of judgments and orders for payment of money. E+W

(1) Where a judgment is given or an order is made by a county court under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—

(a) in one sum, whether forthwith or within such period as the court may fix; or

(b) by such instalments payable at such times as the court may fix.

(2) If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

72 Set-off in cases of cross judgments in county courts and High Court. E+W

(1) Where one person has obtained a judgment or order in a county court against another person, and that other person has obtained a judgment or order against the first-mentioned person in the same or in another county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.

(2) Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.

(3) Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.

73 Register of judgments and orders. E+W

[F1 (1) A register of every–

(a) judgment entered in a county court;

(b) administration order made under section 112; and

(c) order restricting enforcement made under section 112A, shall be kept in such manner and in such place as may be prescribed.]

(2) The Lord Chancellor may, by statutory instrument, make regulations as to the keeping of the register, and in this section “prescribed” means prescribed by those regulations.

[F2 (3) Regulations under this section may–

(a) prescribe circumstances in which judgments [F3 or orders] are to be exempt from registration or in which the registration of any judgment [F4 or order] is to be cancelled;

(b) provide for any specified class of judgments [F5 or orders]to be exempt from registration.]

(4) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F6 (5) The Lord Chancellor may, with the concurrence of the Treasury, fix the fees to be paid in respect of–

(a) the making of any information contained in an entry in the register available for inspection in visible and legible form;

(b) the carrying out of any official search of the register;

(c) the supply of a certified copy of any information contained in an entry in the register.]

(6) The proceeds of the fees shall be applied in such manner as the Treasury may direct in paying the expenses incurred in maintaining the register, and any surplus, after providing for the payment of those expenses, shall be paid to the credit of the Consolidated Fund.

Textual Amendments

F1 S. 73(1) substituted (14.10.1991) by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(2); S.I. 1991/1883, art.3, Sch.

F2 S. 73(3) substituted by Administration of Justice Act 1985 (c.61, SIF 34), s. 54(3)

F3 Words in s. 73(3)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(a)(i); S.I. 1991/1883, art.3, Sch.

F4 Words in s. 73(3)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(a)(ii); S.I. 1991/1883, art.3, Sch.

F5 Words in s. 73(3)(b) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(b); S.I. 1991/1883, art.3, Sch.

F6 S. 73(5) substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 54(4)

Modifications etc. (not altering text)

C1 S. 73 extended (4.9.1995) by 1991 c. 48, s. 33(5) (as inserted by 1995 c. 34, s. 30(5), Sch. 3 para.10); S.I. 1995/2302, art. 2(1)

[F7 73A Provision for register under s.73 to be kept by body under contract to Lord Chancellor E+W

(1) If—

(a) there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register under section 73 (“the register”); and

(b) provision is made by regulations under that section for the register to be kept in accordance with such an agreement,

the register shall be kept by that body corporate.

(2) Where the register is kept by a body corporate in pursuance of subsection (1)–

(a) the Lord Chancellor may recover from that body any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register;

(b) subsection (5) of section 73 shall have effect as if the words “maximum amounts in relation to” were inserted after the word “fix”; and

(c) subsection (6) of that section shall not apply.

(3) Where subsection (1) of this section ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement in question, the Lord Chancellor may require the information for the time being contained in the entries in the register to be transferred to such person as he may direct.]

Textual Amendments

F7 S. 73A inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 54(5)

74 Interest on judgment debts etc. E+W

(1) The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.

(2) The sums to which subsection (1) applies are—

(a) sums payable under judgments or orders given or made in a county court, including sums payable by instalments; and

(b) sums which by virtue of any enactment are, if the county court so orders, recoverable as if payable under an order of that court, and in respect of which the county court has so ordered.

(3) The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.

(4) The power conferred by subsection (1) includes power—

(a) to specify the descriptions of judgment or order in respect of which interest shall be payable;

(b) to provide that interest shall be payable only on sums exceeding a specified amount;

(c) to make provision for the manner in which and the periods by reference to which the interest is to be calculated and paid;

(d) to provide that any enactment shall or shall not apply in relation to interest payable under subsection (1) or shall apply to it with such modifications as may be specified in the order; and

(e) to make such incidental or supplementary provisions as the Lord Chancellor considers appropriate.

(5) Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M1 Judgments Act 1838 as that enactment has effect from time to time.

[F8 (5A) The power conferred by subsection (1) includes power to make provision enabling a county court to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).]

(6) The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F8 S. 74(5A) inserted (1.11.1996) by 1995 c. 42, s.2; S.I. 1996/2515, art.2

Modifications etc. (not altering text)

C2 S. 74: power to exclude conferred (26.4.1999) by S.I. 1998/3132, rule 47.8(3)(ii), 47.14(5)(ii)

Marginal Citations

M1 1838 c. 110.