The County Court (Amendment No. 2) Rules 1991

Statutory Instruments

1991 No. 1126 (L.10)

COUNTY COURTS

PROCEDURE

The County Court (Amendment No. 2) Rules 1991

Made

13th May 1991

Coming into force

1st July 1991

Citation and interpretation

1.—(1) These Rules may be cited as the County Court (Amendment No. 2) Rules1991.

(2) In these Rules, unless the context otherwise requires, an Orderreferred to by number means the Order so numbered in the County CourtRules 1981(1).

Civil Justice Review: jurisdictional changes

2.  Order 1, rule 3 shall be amended by inserting, after the definitionof“senior master”, the following—

““value”, in relation to an action or claim, shall be construed inaccordance with articles 9 and 10 of the High Court and County CourtsJurisdiction Order 1991(2).”.

3.  After Order 6, rule 1(1), there shall be inserted the following newparagraph—

“(1A) In an action for an unliquidated sum the value of the plaintiff'sclaim shall, for the purposes of Order 21, rule 5(1), be treated aslimited to the sum for the time being specified in sub-paragraph (b) ofthat paragraph, unless—

(a) the plaintiff states in his particulars of claim or otherwise thatthe value of his claim exceeds the said sum; or

(b) the court orders otherwise;

and, where a statement is made under sub-paragraph (a), theplaintiff shall forthwith file an amended statement whenever the valueof his claim falls to the said sum or less.”.

4.  For Order 9, rule 14(1)(a), there shall be substituted thefollowing—

“(a) an action which stands referred to arbitration under Order 19,rule 2(3);”.

5.  For the sum“£500” in—

(a) Order 19, rule 2(3), and

(b) paragraph (8) of the terms of reference in Order 19, rule 5(2),

there shall be substituted the sum“£1,000”.

6.  Order 19, rule 2(2)(a) shall be amended by omitting the words“or request for the issue of a summons”.

7.  For Order 21, rule 5(1)(b), there shall be substituted thefollowing—

“(a) any action or matter the value of which does not exceed£5,000.”.

8.  Nothing in rules 3 and 5 shall apply to an action commenced before1st July 1991.

Service by post by solicitors

9.  For Order 3, rule 3(1A), there shall be substituted thefollowing—

“(1A) If the plaintiff so desires and the proper officer so allows,the summons may be prepared by the plaintiff and in that event thesummons with a copy for each defendant shall be filed by the plaintiffwith the documents mentioned in paragraph (1) and, where service is tobe effected otherwise than by an officer of the court, a copy of thesummons shall be filed for the court instead of a request.”.

10.  After Order 7, rule 10, there shall be inserted the following newrule—

“Service by post by solicitors

10A— (1) In an action for personal injuries, the summons may be served in accordance with the provisions of this rule by the plaintiff ’s solicitor sending it by first-class post to the defendant at the address stated in the summons.

(2) Service may be effected under this rule only where the summons hasbeen prepared in accordance with Order 3, rule 3(1A).

(3) Where a summons is served under this rule—

(a) rules 10(3) and (4) and 13 and Order 37, rule 3 shall apply, withthe necessary modifications, as if the summons had been served by postby an officer of the court;

(b) rules 6(1)(b) and 10(2) shall not apply, and

(c) it shall be treated, for the purposes of these rules, as if it hadbeen served by an officer of the court.

(4) Where a summons has been served under this rule and the plaintiffapplies for judgment under Order 9, rule 6(1), his request underparagraph (1A)(a) of that rule shall be accompanied by an affidavitverifying that service was effected in accordance with this rule andthat the summons was not returned undelivered.”.

11.  For Order 7, rule 12, there shall be substituted the following new rule—

“Presumed service of summons

12.   Where a summons has not been served in accordance with these rulesbut the defendant delivers a defence, admission or counterclaim, thesummons shall be deemed, unless the contrary is shown, to have been dulyserved on him on the date on which the defence, admission orcounterclaim was so delivered.”.

Powers of district judges

12.  For Order 13, rule 6(2), there shall be substituted thefollowing—

“(2) Except where the district judge has power under Order 21, rule 5or otherwise to hear and determine the proceedings in which theapplication is made, the application shall be made to the judge and rule1(6) shall not apply.”.

13.  After Order 21, rule 5(2A), there shall be inserted the followingnew paragraph—

“(2B) Without prejudice to Order 50, rule 2, a district judge may, atany stage of an action or matter which he has power to hear anddetermine under paragraph (1) and subject to any right of appeal to thejudge, exercise the same powers under section 38 of the Act as thecourt; but nothing in this paragraph shall authorise the district judgeto commit any person to prison.”.

14.  For Order 22, rule 6(2), there shall be substituted thefollowing—

“(2) The district judge may hear and determine an application underparagraph (1).”.

15.  For Order 29, rule 3(2), there shall be substituted thefollowing—

“(2) If the committal order—

(a) does not direct that any application for discharge shall be made toa judge; or

(b) was made by the district judge under section 118 of the Act,

any application for discharge may be made to the district judge.”.

16.  After Order 34, rule 1, there shall be inserted the following newrule—

“Committal under section 14, 92 or 118 of the Act

1A.   Rule 1(5) of Order 29 shall apply, with the necessary modifications,where an order is made under section 14, 92 or 118 of the Act committinga person to prison.”.

17.  After Order 34, rule 4, there shall be inserted the following newrule—

“Exercise of powers by district judges

5.   In relation to proceedings under section 14 or 55 of the Act,references in rules 1, 2 and 4 to the judge shall include references tothe district judge.”.

Transfer between High Court and county court

18.  Order 16, rule 6(1) shall be amended by substituting, for the words“the documents mentioned in section 40(7) or 105(3) of the Act, as thecase may be”, the words“the relevant documents”.

19.  At the end of Order 16, rule 6(1), there shall be added (on a newline) the following—

“In this paragraph “the relevant documents”means—

(a) the writ (or a copy thereof),

(b) the order transferring the proceedings to the county court (or acopy thereof ),

(c) all pleadings and affidavits filed in the High Court, and

(d) any documents required by the order for transfer to be filed in thecounty court.”.

20.  Order 16, rule 9 shall stand as paragraph (1) of that rule and afterit there shall be inserted the following new paragraph—

“(2) In a case to which article 7(1) of the High Court and CountyCourts Jurisdiction Order 1991 applies—

(a) the grounds of the application shall be stated by reference to thecriteria mentioned in article 7(5) of that Order; and

(b) the application shall be supported by a statement showing whetheror not the value of the action exceeds the sum for the time beingspecified in article 7(3) of the Order.”.

21.  For Order 25, rule 13(1), there shall be substituted thefollowing—

“(1) Where a judgment or order is to be enforced in the High Court,the judgment creditor shall make a request to the proper officer for acertificate of judgment under Order 22, rule 8(1) and the transfer shallhave effect on the grant of that certificate.”.

Miscellaneous amendments

22.  After Order 1, rule 11, there shall be inserted the following newrule—

“Notices about hearings

12.   References in these rules to giving notice of a day fixed for ahearing shall include notice of the time of the hearing.”.

23.  For Order 17, rule 11(2), there shall be substituted thefollowing—

“(2) In an action to which this rule applies—

(a) except where a pre-trial review is ordered pursuant to a directiongiven under paragraph (4)(a), the foregoing provisions of this Ordershall not apply and directions shall take effect automatically inaccordance with the following paragraphs of this rule;

(b) where the court gives directions with regard to any matter arisingin the course of proceedings, directions taking effect automaticallyunder this rule shall have effect subject to any directions given by thecourt.”.

24.  For Order 17, rule 11(4), there shall be substituted thefollowing—

“(4) Nothing in paragraph (3) shall—

(a) prevent the court from giving, of its own motion or on theapplication of any party, such further or different directions or ordersas may in the circumstances be appropriate (including an order that apre-trial review be held or fixing a date for the hearing or dismissingthe proceedings or striking out any claim made therein); or

(b) prevent the making of an order for the transfer of the proceedingsto the High Court or another county court;

and rule 3 shall apply where an application is made under thisparagraph as it applies to applications made on a pre-trial review.”.

25.  For Order 22, rule 1(3), there shall be substituted thefollowing—

“(3) Where judgment is entered in a default action under Order 9, rule6(1) for payment forthwith, it shall not be necessary to draw up andserve the judgment where a request for the issue of a warrant ofexecution has been made.”.

26.  Order 26, rule 9 (costs of warrant) shall be omitted.

27.  After Order 50, rule 4, there shall be inserted the following newrule—

“Preparation of documents

4A.— (1) Without prejudice to Order 3, rule 3(1A), where by or under theserules a document is to be prepared by the court, that document may, ifthe proper officer so allows, be prepared by the plaintiff and, where adocument is so produced—

(a) the plaintiff shall not be required also to file a request(provided that where by or under these rules a certificate as to anyparticular matter is to be given in the request the relevant informationshall be given in the document produced to the court);

(b) the plaintiff shall provide a sufficient number of copies of thedocument for the court’s use.

(2) Nothing in this rule shall—

(a) require the proper officer to accept a document which is illegible,has not been duly authorised or is for some other reasonunsatisfactory;

(b) apply to documents to which Order 25, rule 5(3) (reissue ofenforcement proceedings), Order 25, rule 8(5)(b) (reissue of warrantwhere condition upon which warrant was suspended not complied with) orOrder 28, rule 11(1) (issue of warrant of committal) apply.

(3) In this rule“plaintiff”includes an applicant and a judgmentcreditor (within the meaning of Order 25, rule 1).”.

Devolution: admissions direct and disposals

28.  Order 1, rule 3 shall be amended by substituting for the definitionof“proper officer” the following—

““proper officer” means the district judge or—

(a)

in relation to any act of a formal or administrative characterwhich is not by statute the responsibility of the district judge, and

(b)

in Order 9, rule 3, Order 22, rules 7A and 10, Order 25, rule 8 andOrder 27, rules 7, 7A, 8(1B) and 19(3C),

the chief clerk or any other officer of the court acting on hisbehalf in accordance with directions given by the Lord Chancellor;”.

29.  For Order 9, rule 2, there shall be substituted the following newrule—

“Admission, defence or counterclaim to be delivered

2.— (1) This rule applies where a defendant in any action—

(a) admits his liability for the whole or part of the plaintiff 'sclaim;

(b) desires time for payment of any sum admitted by him;

(c) disputes his liability for the whole or part of the plaintiff 'sclaim, or

(d) desires to set up a counterclaim.

(2) In this rule and rules 3 and 6—

“a request for time for payment” means a request containing aproposal as to the date of payment or, if it is proposed to pay byinstalments, the frequency and amount of the instalments;

“admission”and“a statement of means” means the relevant formappended to the summons completed according to the circumstances of thecase;

“defence” includes a counterclaim and means the relevant formappended to the summons completed according to the circumstances of thecase or a defence otherwise than on that form;

“proper officer” does not include the district judge;

and paragraph (1A) of Order 6, rule 1 shall apply, with the necessary modifications, to a defendant making a counterclaim as itapplies to a plaintiff.

(3) Except where paragraph (5)(a) applies, a defendant in an action fora liquidated sum who—

(a) admits his liability for the whole of the plaintiff ’s claim, and

(b) desires time for payment of the sum admitted by him,

shall, within 14 days after the service of the summons on him,deliver to the plaintiff a form of admission together with a statementof his means and a request for time for payment.

(4) The court may at any time allow a defendant to amend or withdraw anadmission made by him under this rule on such terms as may be just.

(5) A defendant who admits liability—

(a) in an action brought by a plaintiff under disability,

(b) in an action for an unliquidated sum, or

(c) in an action for a liquidated sum, for part of the plaintiff 'sclaim

shall, within 14 days after the service of the summons onhim,—

(i) deliver at the court office an admission of liability together with,if he so wishes, a request for time for payment and, where such arequest is made, a statement of means, and

(ii) if he wishes to defend part of the plaintiff ’s claim or tomake a counterclaim, comply with the requirements of paragraph (6).

(6) A defendant who either—

(a) disputes his liability for the whole or part of the plaintiff 'sclaim; or

(b) desires to set up a counterclaim,

shall, within 14 days after the service of the summons on him, andin addition to any documents he may provide pursuant to paragraph (5),deliver at the court office a defence—

(i) defending the whole or part of the claim, or, as the case may be,

(ii) making a counterclaim.”.

30.  For Order 9, rule 3, there shall be substituted the following newrule—

“Admission of part or request for time in default action

3.— (1) Where the defendant admits part of the plaintiff ’s claim or admitsthe whole or part of the plaintiff ’s claim and makes a request for timefor payment, the plaintiff may, if he accepts the amountadmitted,—

(a) in an action to which rule 2(3) applies, on filing a request in theappropriate form and certifying the terms of the defendant’s admission,have judgment entered for the amount so admitted and costs (less anypayments made);

(b) where the amount admitted is less than the amount claimed and theplaintiff accepts any proposal as to the time of payment, on filing arequest in the appropriate form, stating what (if any) payment has beenmade, have judgment entered for the amount so admitted and costs (lessany payments made); or

(c) give notice that he accepts the amount so admitted but not theproposal as to time of payment.

(2) A plaintiff ’s notice under paragraph (1)(c) shall be given in theappropriate form and shall—

(a) give his reasons for the non-acceptance;

(b) state what (if any) payments have been made; and

(c) where the defendant sent his admission direct to the plaintiffpursuant to rule 2(3), be accompanied by a copy of the defendant'sadmission.

(3) Upon receipt of the plaintiff ’s notice under paragraph (1)(c), theproper officer shall determine the time of payment and enter judgmentaccordingly.

(4) Any party affected by a judgment entered under paragraph (3) may,within 14 days of service of the judgment on him and giving his reasons,apply on notice for the order as to time of payment to be re-consideredand, where such an application is made—

(a) the proceedings shall be automatically transferred to thedefendant’s home court if the judgment or order was not given or made inthat court;

(b) the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the plaintiff and thedefendant not less than 8 days' notice of the day so fixed.

(5) On hearing an application under paragraph (4), the district judgemay confirm the order or set it aside and make such new order as hethinks fit, and the order so made shall be entered in the records of thecourt.

(6) Where the defendant admits part of the plaintiff ’s claim and theplaintiff notifies the proper officer that he does not accept the amountadmitted,

(a) the proceedings shall be automatically transferred to thedefendant’s home court if the action was not commenced in that court;

(b) the proper officer shall fix a day for a pre-trial review or, if hethinks fit, a day for the hearing of the action and give to theplaintiff and defendant not less than 8 days' notice of the day sofixed.

(7) Where the action is for unliquidated damages and the defendantdelivers an admission of liability for the claim but disputes or doesnot admit the amount of the plaintiff ’s damages, then—

(a) if the defendant offers to pay in satisfaction of the claim aspecific sum which the plaintiff accepts, the provisions of this ruleshall apply as if the defendant had admitted part of the plaintiff 'sclaim; and

(b) in any other case, the plaintiff may apply to the court for suchjudgment as he may be entitled to upon the admission, and the court maygive such judgment, including interlocutory judgment for damages to beassessed and costs, or make such other order on the application as itthinks just.

(8) Where it appears that the proper officer’s notice under rule 2(7) orthe judgment under paragraph (3) above did not come to the knowledge ofthe party to be served in due time, the district judge may of his ownmotion or on application set aside the judgment and may give suchdirections as he thinks fit.”.

31.  For Order 9, rule 6(1), there shall be substituted the following newparagraphs—

“(1) Subject to paragraphs (2), (3) and (4) and rule 7, if thedefendant in a default action—

(a) does not within 14 days after service of the summons on him payto the plaintiff the total amount of the claim and costs on thesummons,

(b) delivers an admission of the whole of the plaintiff ’s claimunaccompanied by a counterclaim or a request for time for payment, or

(c) does not deliver an admission of part of the plaintiff 'sclaim, a defence or counterclaim,

the plaintiff may upon fulfilling the requirements of paragraph(1A) have judgment entered against the defendant for the amount of theclaim and costs (less any payments made); and the order shall be forpayment forthwith or at such time or times as the plaintiff mayspecify.

(1A) The requirements are that the plaintiff shall—

(a) file a request for judgment,

(b) where the action is for a liquidated sum, certify that thedefendant has not sent to him any reply to the summons, and

(c) state what (if any) payment has been made.

In this paragraph,“reply to the summons”means—

(i) a defence,

(ii) a counterclaim,

(iii) an admission of the whole of the plaintiff ’s claimaccompanied by a counterclaim or a request for time for payment,

(iv) an admission of part of the plaintiff’s claim,

or any other written reply of a similar kind.”.

32.  For the words“under paragraph (1)(a)” in Order 9, rule 6(2), (3)(a) and (4) there shall be substitutedthe words“under paragraph (1)”.

33.  For the words“under rule 6(1)(a)” in Order 9, rule 7(1) there shall be substituted the words“under rule 6(1)”.

34.  For the words“under rule 3(2)” in Order 9, rule 8(1) and (3) there shall be substituted the words“under rule 3(3)”.

35.  Order 16 shall be amended as follows—

(a) rule 1(b) shall be omitted;

(b) for the words“rule 1(a), (b) or (c)” in rule 4(4) and (5) there shall be substituted the words“rule 1(a) or (c)”.

36.  Order 17, rule 11(1)(o) shall be amended by substituting for thewords“Order 9, rule 3(9)” the words“Order 9, rule 3(6)”.

37.  After Order 50, rule 9, there shall be inserted the following newrule—

“Misdirected documents

9A.   Where the defendant delivers to the plaintiff any document which byor under these rules is to be delivered to the court, the plaintiffshall forthwith file the document in the court office.”.

38.  Nothing in rules 29 to 36 shall apply to an action commenced before1st July 1991.

Venue

39.  After Order 1, rule 12, there shall be inserted the following newrule—

“Automatic transfer

13.   Where under these rules provision is made for automatic transfer tothe defendant’s or debtor’s home court—

(a) “defendant’s home court”means the county court for the district inwhich is situated the defendant’s address as shown on the summons (or,where there are two or more defendants, the first defendant’s address);

(b) “debtor’s home court” means the county court for the district inwhich is situated the debtor’s address as shown on the application towhich the provision relates;

(c) automatic transfer will not take place if the defendant’s ordebtor’s address is not situated within England and Wales,

and, where proceedings are transferred automatically, “the properofficer” means the proper officer of the defendant’s or debtor’s homecourt.”.

40.  In Order 4, rule 2(1), the word“or”at the end of sub-paragraph (a) shall be omitted and, aftersub-paragraph (b), there shall be inserted the following new sub-paragraph—

“or

(c) in the case of a default action, in any county court.”.

41.  Order 4, rule 2(3) and (4) shall be omitted.

42.  After Order 9, rule 2(6) (as inserted by rule 29), there shall beinserted the following paragraphs—

“(7) On receipt of the admission or defence, the proper officershall—

(a) send a copy to the plaintiff together, in a case to which paragraph(1) of rule 3 relates, with a notice of the requirements of thatparagraph; and

(b) where the defendant states in his defence that he has paid theamount claimed, request the plaintiff to confirm in writing that hewishes the proceedings to continue.

(8) In an action for a liquidated sum, the proceedings shall beautomatically transferred to the defendant’s home court if the actionwas not commenced in that court—

(a) on the filing of a defence, or

(b) in a case to which paragraph (7)(b) applies, where the plaintiffconfirms in writing under that paragraph that he wishes the proceedingsto continue.”.

43.  For Order 9, rule 5, there shall be substituted the following newrule—

“Defence or counterclaim in default action

5.— (1) Subject to paragraph (2), if—

(a) within 14 days after service of the summons upon him, the defendantin a default action delivers at the court office either a defence notaccompanied by an admission of any part of the plaintiff ’s claim or acounterclaim; or

(b) in a case to which rule 2(7)(b) applies, after the plaintiff hasconfirmed that he wishes the proceedings to continue,

the proper officer shall—

(i) fix a day for a pre-trial review or, if he thinks fit, a day for thehearing of the action, and

(ii) give to all parties not less than 14 days' notice of the dayso fixed for the pre-trial review or, in the case of a day for thehearing of the action, not less than 21 days' notice.

(2) Nothing in paragraph (1) shall require the proper officer to fix aday in a case to which Order 17, rule 11 applies.”.

44.  For Order 16, rule 4(2), there shall be substituted thefollowing—

“(2) (a) A defendant who does not reside or carry on business withinthe district of the court in which an action has been commenced and whohas delivered a defence; or

(b) a plaintiff who does not reside or carry on business withinthe district of the court to which an action has been automaticallytransferred under Order 9, rule 2(8),

may apply ex parte in writing to that court for an order under rule1(a) or (c) transferring the action to another county court; and thejudge or district judge of the first-mentioned court may, if he thinksfit, grant the application after considering any representations whichhe may give the other party to the application an opportunity of making.

In this paragraph“defence”includes a counterclaim.”.

45.  Order 37, rule 4(1) shall be amended by substituting, for the words“set aside or vary”, the words“set aside, vary or confirm”.

46.  For Order 37, rule 4(2), there shall be substituted the following—

“(2) An application under paragraph (1) shall be made on notice and,where such an application is made in a default action for a liquidatedsum, the proceedings shall be automatically transferred to thedefendant’s home court if the judgment or order was not given or made inthat court.”.

47.  Nothing in rules 40 to 44 or 46 shall apply to an action commencedbefore 1st July 1991.

Devolution: consent orders

48.  After Order 22, rule 7, there shall be inserted the following new rule—

“Consent judgments and orders

7A.— (1) Where all the parties to an action or matter are agreed upon theterms in which a judgment or order to which this rule applies should begiven or made, a judgment or order in such terms may be entered as ajudgment or order of the court by the procedure provided in this rule.

(2) This rule applies to any judgment or order which consists of one ormore of the following—

(a) any judgment or order for—

(i) the payment of a liquidated sum or damages to be assessed;

(ii) the delivery up of goods with or without the option of payingtheir value whether suspended or not;

(iii) the possession of land other than land which includes anyresidential premises or where the order is suspended;

(b) any order for—

(i) the stay of proceedings, either unconditionally or uponconditions as to the payment of money or upon terms which are scheduledto the order but which are not otherwise part of it (a“Tomlin order”);

(ii) the dismissal of any proceedings, whether wholly or in part;

(iii) the setting aside of a judgment entered in default;

(iv) the transfer of proceedings to another county court;

(v) the payment out of money in court;

(vi) the discharge from liability of any party;

(vii) the payment or waiver of costs, or such other provision forcosts as may be agreed;

(c) any order, to be included in a judgment or order to which thepreceding sub-paragraphs apply, for—

(i) the extension of the period required for doing any act;

(ii) liberty to apply, or to restore.

(3) This rule shall not apply to any judgment or order—

(a) in Admiralty proceedings;

(b) in proceedings in which one of the parties is a litigant inperson;

(c) in proceedings in which one of the parties is a person underdisability;

(d) relating to custody of or access to a child;

(e) relating to the maintenance of or financial provision for a spouseor a child.

(4) Before any judgment or order to which this rule applies may beentered in the records of the court, it must be—

(a) drawn up in the terms agreed and expressed as being“By Consent”;

(b) signed by the solicitors acting for each of the parties;

and the solicitor filing the judgment or order shall supply thenecessary copies for service under paragraph (5).

(5) A copy of a judgment or order entered under paragraph (4) shall besealed and served by the proper officer on every party to theproceedings.

(6) The proper officer shall refer to the district judge any judgment ororder presented for entry in the records of the court which iscontradictory or unclear in its terms, appears to fail to give effect tothe intention of the parties or is otherwise unsatisfactory.”.

Variation of orders

49.  For Order 22, rule 10, there shall be substituted thefollowing—

“Variation of payment

10.— (1) Where a judgment or order has been given or made for the payment ofmoney, the person entitled to the benefit of the judgment or order or,as the case may be, the person liable to make the payment (in this rulereferred to as“the judgment creditor”and“the debtor”respectively)may apply in accordance with the provisions of this rule for a variationin the date or rate of payment.

(2) The judgment creditor may apply ex parte in writing for an orderthat the money, if payable in one sum, be paid at a later date than thatby which it is due or by instalments or, if the money is already payableby instalments, that it be paid by the same or smaller instalments, andthe proper officer may make an order accordingly unless no payment hasbeen made under the judgment or order for 6 years before the date of theapplicaton in which case he shall refer the application to the districtjudge.

(3) The judgment creditor may apply to the district judge on notice foran order that the money, if payable in one sum, be paid at an earlierdate than that by which it is due or, if the money is payable byinstalments, that it be paid in one sum or by larger instalments, andany such application shall be made in writing stating the proposed termsand the grounds on which it is made.

(4) Where an application is made under paragraph (3)—

(a) the proceedings shall be automatically transferred to the debtor'shome court if the judgment or order was not given or made in thatcourt;

(b) the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the judgment creditorand the debtor not less than 8 days' notice of the day so fixed

and at the hearing the district judge may make such order as seemsjust.

(5) The debtor may apply for an order that the money, if payable in onesum, be paid at a later date than that by which it is due or byinstalments or, if the money is already payable by instalments, that itbe paid by smaller instalments, and any such application shall be in theappropriate form stating the proposed terms, the grounds on which it ismade and including a signed statement of the debtor’s means.

(6) Where an application is made under paragraph (5), the proper officershall—

(a) send the judgment creditor a copy of the debtor’s application (andstatement of means); and

(b) require the judgment creditor to notify the court in writing,within 14 days of service of notification upon him, giving his reasonsfor any objection he may have to the granting of the application.

(7) If the judgment creditor does not notify the court of any objectionwithin the time stated, the proper officer shall make an order in theterms applied for.

(8) Upon receipt of a notice from the judgment creditor under paragraph(6), the proper officer may determine the date and rate of payment andmake an order accordingly.

(9) Any party affected by an order made under paragraph (8) may, within14 days of service of the order on him and giving his reasons, apply onnotice for the order to be re-considered and, where such an applicationis made—

(a) the proceedings shall be automatically transferred to the debtor'shome court if the judgment or order was not given or made in thatcourt;

(b) the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the judgment creditorand the debtor not less than 8 days' notice of the day so fixed.

(10) On hearing an application under paragraph (9), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(11) Any order made under any of the foregoing paragraphs may be variedfrom time to time by a subsequent order made under any of thoseparagraphs.

(12) In this rule“proper officer”does not include the district judge.”.

Suspension of warrants

50.  For Order 25, rule 8, there shall be substituted the following—

“Suspension of judgment or execution

8.— (1) The power of the court to suspend or stay a judgment or order or tostay execution of any warrant may be exercised by the district judge or,in the case of the power to stay execution of a warrant of execution andin accordance with the provisions of this rule, by the proper officer.

(2) An application by the debtor to stay execution of a warrant ofexecution shall be in the appropriate form stating the proposed terms,the grounds on which it is made and including a signed statement of thedebtor’s means.

(3) Where the debtor makes an application under paragraph (2), theproper officer shall—

(a) send the judgment creditor a copy of the debtor’s application (andstatement of means); and

(b) require the creditor to notify the court in writing, within 14 daysof service of notification upon him, giving his reasons for anyobjection he may have to the granting of the application.

(4) If the judgment creditor does not notify the court of any objectionwithin the time stated, the proper officer may make an order suspendingthe warrant on terms of payment.

(5) Upon receipt of a notice by the judgment creditor under paragraph(3)(b), the proper officer may, if the judgment creditor objects only tothe terms offered, determine the date and rate of payment and make anorder suspending the warrant on terms of payment.

(6) Any party affected by an order made under paragraph (5) may, within14 days of service of the order on him and giving his reasons, apply onnotice for the order to be re-considered and the proper officer shallfix a day for the hearing of the application before the district judgeand give to the judgment creditor and the debtor not less than 8 days'notice of the day so fixed.

(7) On hearing an application under paragraph (6), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(8) Where the judgment creditor states in his notice under paragraph(3)(b) that he wishes the bailiff to proceed to execute the warrant, theproper officer shall fix a day for a hearing before the district judgeof the debtor’s application and give to the judgment creditor and to thedebtor not less than 2 days' notice of the day so fixed.

(9) Subject to any directions given by the district judge, where awarrant of execution has been suspended, it may be re-issued on thejudgment creditor’s filing a request pursuant to rule 5(3) showing thatany condition subject to which the warrant was suspended has not beencomplied with.

(10) Where an order is made by the district judge suspending a warrant ofexecution, the debtor may be ordered to pay the costs of the warrant andany fees or expenses incurred before its suspension and the order mayauthorise the sale of a sufficient portion of any goods seized to coversuch costs, fees and expenses and the expenses of sale.

(11) In this rule“proper officer”does not include the district judge.”.

Attachment of earnings

51.  For Order 27, rule 1, there shall be substituted thefollowing—

“Interpretation

1.— (1) In this Order—

“the Act of 1971”means the Attachment of Earnings Act 1971(3)and, unless the context otherwise requires, expressions used inthat Act have the same meanings as in that Act;

“proper officer” does not include the district judge.

(2) Order 1, rule 8 shall apply in relation to any power conferred by the Act of 1971 as it applies in relation to any power conferred by these rules.”.

52.  Order 27, rule 4(2) shall be amended by inserting, after the words“the proper officer shall”, the words“, where the order to be enforced is a maintenance order,”.

53.  Order 27, rule 5(1) shall be amended as follows—

(a) after the words“form of reply” there shall be inserted the words“in the appropriate form”;

(b) for the words“fixed date summons” there shall be substituted the words“default summons”.

54.  After Order 27, rule 5(2), there shall be inserted the following newparagraph—

“(2A) Nothing in paragraph (2) shall require a defendant to file areply if, within the period of time mentioned in that paragraph, he paysto the judgment creditor the money remaining due under the judgment ororder and, where such payment is made, the judgment creditor shall soinform the proper officer.”.

55.  In Order 27, rule 6, for the words“the registrar” there shall be substituted the words“the court”.

56.  For Order 27, rule 7, there shall be substituted thefollowing—

“Attachment of earnings order

7.— (1) On receipt of the debtor’s reply, the proper officer may, if he hassufficient information to do so, make an attachment of earnings orderand a copy of the order shall be sent to the parties and to the debtor'semployer.

(2) Where an order is made under paragraph (1), the judgment creditor orthe debtor may, within 14 days of service of the order on him and givinghis reasons, apply on notice for the order to be re-considered and theproper officer shall fix a day for the hearing of the application andgive to the judgment creditor and the debtor not less than 2 days'notice of the day so fixed.

(3) On hearing an application under paragraph (2), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(4) Where an order is not made under paragraph (1), the properofficer shall refer the application to the district judge who shall, ifhe considers that he has sufficient information to do so without theattendance of the parties, determine the application.

(5) Where the district judge does not determine the application underparagraph (4), he shall direct that a day be fixed for the hearing ofthe application whereupon the proper officer shall fix such a day andgive to the judgment creditor and the debtor not less than 8 days'notice of the day so fixed.

(6) Where an order is made under paragraph (4), the judgment creditor orthe debtor may, within 14 days of service of the order on him and givinghis reasons, apply on notice for the order to be re-considered; and theproper officer shall fix a day for the hearing of the application andgive to the judgment creditor and the debtor not less than 2 days'notice of the day so fixed.

(7) On hearing an application under paragraph (6), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(8) If the creditor does not appear at the hearing of the applicationunder paragraph (5) but—

(a) the court has received an affidavit of evidence from him, or

(b) the creditor requests the court in writing to proceed in hisabsence,

the court may, notwithstanding anything in Order 21, rule 1,proceed to hear the application and to make an order thereon.

(9) An attachment of earnings order may be made to secure the payment ofa judgment debt if the debt is—

(a) of not less than £50, or

(b) for the amount remaining payable under a judgment for a sum of notless than £50.”.

57.  After Order 27, rule 7 there shall be inserted the following newrule—

“Failure by debtor

7A.— (1) If the debtor has failed to comply with rule 5(2) or to make paymentto the judgment creditor, the proper officer may issue an order undersection 14(1) of the Act of 1971 which shall—

(a) be indorsed with or incorporate a notice warning the debtor of theconsequences of disobedience to the order,

(b) be served on the debtor personally, and

(c) direct that any payments made thereafter shall be paid into thecourt and not direct to the judgment creditor.

(2) Without prejudice to rule 16, if the person served with an ordermade pursuant to paragraph (1) fails to obey it or to file a statementof his means or to make payment, the proper officer shall issue a noticecalling on that person to show good reason why he should not beimprisoned and any such notice shall be served on the debtor personallynot less than 5 days before the hearing.

(3) Order 29, rule 1 shall apply, with the necessary modifications andwith the substitution of references to the district judge for referencesto the judge, where a notice is issued under paragraph (2) as it applieswhere a notice is issued under paragraph (4) of that rule.

(4) In this rule“statement of means”means a statement given undersection 14(1) of the Act of 1971.”.

58.  For the title to Order 27, rule 8 there shall be substituted thetitle“Failure by debtor — maintenance orders”.

59.  After the words“attachment of earnings order” in Order 27, rule 8(1) there shall be inserted the words“to secure payments under a maintenance order”.

60.  After Order 27, rule 8(1) there shall be inserted the following newparagraphs—

“(1A) If the debtor fails to attend at an adjourned hearing of anapplication for an attachment of earnings order and a committal order ismade, the district judge may direct that the order shall not be enforcedso long as the debtor attends at the time and place specified in theorder and paragraphs (2), (4) and (5) of Order 28, rule 7 shall applywhere such a direction is given as they apply where a direction is givenunder paragraph (1) of that rule.

(1B) Where a committal order is suspended under paragraph (1A) and thedebtor fails to attend at the time and place so specified, a certificateto that effect given by the proper officer shall be sufficient authorityfor the issue of a warrant of committal.”.

61.  After the word“judge” in Order 27, rule 8(2) and (4) there shall be substituted the words“or district judge”.

62.  After Order 27, rule 17(3) there shall be inserted the following newparagraph—

“(3A) Rule 5(1) shall apply as if for the reference to a defaultsummons there were substituted a reference to a fixed date summons andrule 5(2A) shall not apply.”.

63.  For Order 27, rule 17(5), there shall be substituted the followingparagraph—

“(5) Rule 7 shall have effect as if for paragraphs (1) to (8) therewere substituted the following paragraph—

“(1) An application for an attachment of earnings order may beheard and determined by the district judge, who shall hear theapplication in chambers.”.”.

64.  Order 27, rule 17(11) shall be omitted.

65.  For Order 27, rule 19(2) and (3) there shall be substituted thefollowing paragraphs—

“(2) An application under paragraph (1) may be made in the proceedingsin which any attachment of earnings order (other than a priority order)is in force and rules 3, 4 and 5 of this Order shall not apply.

(3) Where the judgment which it is sought to enforce was not given bythe court which made the attachment of earnings order, the judgmentshall be automatically transferred to the court which made theattachment of earnings order.

(3A) An application under paragraph (1)(b) shall certify the amount ofmoney remaining due under the judgment or order and that the whole orpart of any instalment due remains unpaid.

(3B) Where an application for a consolidated attachment of earnings orderis made, the proper officer shall—

(a) notify any party who may be affected by the application of itsterms; and

(b) require him to notify the court in writing, within 14 days ofservice of notification upon him, giving his reasons for any objectionhe may have to the granting of the application.

(3C) If notice of any objection is not given within the time stated, theproper officer shall make a consolidated attachment of earnings order.

(3D) If any party objects to the making of a consolidated attachment ofearnings order, the proper officer shall refer the application to thedistrict judge who may grant the application after considering theobjection made and the reasons given.

(3E) In the foregoing paragraphs of this rule, a party affected by theapplication means—

(a) where the application is made by the debtor, the creditor in theproceedings in which the application is made and any other creditor whohas obtained an attachment of earnings order which is in force to securethe payment of a judgment debt by the debtor;

(b) where the application is made by the judgment creditor, the debtorand every person who, to the knowledge of the applicant, has obtained anattachment of earnings order which is in force to secure the payment ofa judgment debt by the debtor.”.

66.  Order 27, rule 19(4) shall be amended by substituting, for the words“the proper officer shall” to the end, the words“paragraphs (3B) to (3E) shall apply, with the necessarymodifications, as if the request were an application by the judgmentcreditor.”.

67.  In Order 27, rule 20, for the words“of being heard”, there shall be substituted the words“of submitting written objections”.

We, the undersigned members of the Rule Committee appointed by theLord Chancellor under section 75 of the County Courts Act 1984(4), having by virtue of the powers vested in us in thatbehalf made the foregoing Rules, do hereby certify the same under ourhands and submit them to the Lord Chancellor accordingly.

C. S. Stuart-White

A. N. Fricker

R. H. Hutchinson

Eiifion Roberts

Frank J. White

R. Greenslade

K. H. P. Wilkinson

Tim Stow

R. C. Newport

P. R. Bazley White

I allow these Rules, which shall come into force on 1st July 1991.

Mackay of Clashfern, C.

Dated 13th May 1991

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as to—

(a) require “statements of value” to be given in respect of actions forunliquidated sums over £5,000 (rules 2 and 3);

(b) increase the limit of the small claims procedure (under whichclaims are dealt with by arbitration) to £1,000 and the trialjurisdiction of district judges to £5,000, and make minor andconsequential amendments (rules 4 to 8);

(c) allow a solicitor to serve by post a summons in an action forpersonal injuries (rules 9 to 11);

(d) enlarge the powers of district judges and clarify the procedure forcommittal under certain sections of the County Courts Act 1984 (rules12 to 17);

(e) following the changes made by the Courts and Legal Services Act1990 and by the High Court and County Courts Jurisdiction Order, amendthe provisions for transfer between the High Court and the county courtsand require all applications for transfer to the High Court to besupported by a statement of value (rules 18 to 21);

(f) allow a plaintiff to prepare certain court documents and makeother miscellaneous amendments (rules 22 to 27);

(g) provide for full admissions to be sent direct to the plaintiff(instead of through the court) in actions for liquidated sums anddevolve to court staff the making of judgments as to the date of, andinstalments for, payment where there is no dispute as to the amount tobe paid (rules 28 to 38);

(h) relax the provisions as to venue to enable a plaintiff to commencea default action in any county court (subject to automatic transfer inan action for a liquidated sum to the defendant’s local court where ahearing is to take place) (rules 39 to 47);

(i) devolve to court staff the making of certain consent orders,variation orders and orders suspending a warrant on terms as to payment(rules 48 to 50); and

(j) increase to £50 the minimum debt in respect of which anattachment of earnings order may be made and devolve to court staffcertain functions in relation to such orders (rules 51 to 67).

(1)

S.I. 1981/1687; the relevant amending instruments areS.I. 1982/436, 1140, 1794, 1983/275, 1716, 1984/878, 1985/566, 1269,1986/636, 2001, 1988/278, 1989/236, 1838, 2426 and 1990/1764.

(2)

S.I. 1991/724.

(3)

1971 c. 32.

(4)

1984 c. 28; section 75 was amended by the Courts andLegal Services Act 1990 (c. 41), sections 2(4), 16, Schedule 18,paragraph 47.