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County Courts Act 1984, Cross Heading: Certiorari and prohibition is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The grant by the High Court of leave to make an application for an order of certiorari or prohibition to [F1the county court] shall, if the High Court so directs, operate as a stay of the proceedings in question until the determination of the application, or until the High Court otherwise orders.
(2)Where any proceedings are so stayed, F2... the county court shall from time to time adjourn the hearing of the proceedings to such day as [F3the court] thinks fit.
Textual Amendments
F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 83(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(33)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 83(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(33)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
(1)Where an application is made to the High Court for an order of prohibition addressed to [F4the county court], the matter shall be finally disposed of by order.
(2)Upon any such application, [F5no judge of the county court is to be served with notice of it or,] except by the order of a judge of the High Court—
(a)be required to appear or be heard; or
(b)be liable to any order for the payment of the costs of the application;
but the application shall be proceeded with and heard in the same manner in all respects as an appeal duly brought from a decision of [F6a judge of the county court], and notice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge [F7of the county court] in a matter within his jurisdiction.
Textual Amendments
F4Words in s. 84(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5Words in s. 84(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6Words in s. 84(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in s. 84(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(34)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
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