The County Court Appeals Order 1991

Explanatory Note

(This note is not part of the Order)

This Order revokes the County Court Appeals Order 1981 and makes new provision for prescribing those classes of county court proceedings in which an appeal to the Court of Appeal lies only with the leave of the judge of the county court or of the Court of Appeal.

The changes made by the new Order are—

(a) to increase from £2,500 to £5,000 the value of county court claims in contract, tort and analogous cases for which leave is required to appeal to the Court of Appeal (article 2(1)(a)(i)) ;

(b) to redefine (without change of substance) the value of equity, probate and analogous cases for which leave to appeal is required (article 2(2)(b)) ;

(c) to make new provision (by reference to the High Court and County Courts Jurisdiction Order 1991) for valuing such claims (article 2(5)) ;

(d) to extend the leave filter to appeals from county court proceedings under section 30 of the Law of Property Act 1925, section 66 of the Taxes Management Act 1970, section 13 of the Torts (Interference with Goods) Act 1977 and section 1 of the Charging Orders Act 1979 (article 2(1)(3) and (4)) .