Statutory Instruments
1992 No. 2040 (L.13)
COUNTY COURTS
PROCEDURE
The County Court (Forms) (Amendment No. 2) Rules 1992
Made
5th August 1992
Coming into force
26th October 1992
1.—(1) These Rules may be cited as the County Court (Forms) (Amendment No. 2) Rules 1992.
(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982(1) and “the main Schedule” means that Schedule.
2. There shall be substituted in the main Schedule, for forms N.2, N.9, N.9B, N.10(HP/CCA), N.18, N.19, N.79 and N.80 the forms contained in Schedule 1 to these Rules.
3. There shall be inserted in the main Schedule, after form N.18 and form N.19 respectively, the forms N.18A and N.19A contained in Schedule 2 to these Rules.
4. Form N.111 in the main Schedule shall be omitted.
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.
C. S. Stuart-White
R. H. Hutchinson
Eifion Roberts
J. H. Wroath
R. Greenslade
K. H. P. Wilkinson
Peter Birts
Henrietta Manners
E. C. Gee
I allow these Rules, which shall come into force on 26th October 1992.
Mackay of Clashfern, C.
Dated 5th August 1992
SCHEDULE 1
SCHEDULE 2
Explanatory Note
(This note is not part of the Rules)
These Rules amend the County Court (Forms) Rules 1982 so as to—
(a)substitute new forms of default summons (amount not fixed)(N.2), of defence (N.9, N.9B and N.10 (HP/CCA), notices of preliminary arbitration appointments (N.18 and N.19), committal order (N.79) and warrant of committal (N.80);
(b)provide new notices of small claims arbitration hearings (N.18A and N.19A).
The new form of unliquidated default summons (N.2) includes provision for a plaintiff to indicate the value of his claim.
The new forms N.18, N.18A, N.19 and N.19A complement the changes to the small claims procedure which are introduced by the County Court (Amendment No. 2) Rules 1992 (S.I. 1992/1965).
Forms N.9, N.9B and N.10 are amended to make it clear that cases automatically referred to arbitration may be sent for trial in which case costs are recoverable.
The introduction of the new Forms N.79 and N.80 will be accompanied by guidance notes to assist in the completion of the committal form; the new forms render Form N.111 obsolete and it is accordingly revoked.
S.I. 1982/586; the relevant amending instruments are S.I. 1986/1505, 1988/279, 1989/886, 1990/517 and 1991/1132.
1984 c. 28; section 75 was amended by the Courts and Legal Services Act 1990 (c. 41), sections 2(4), 16, Schedule 18, paragraph 47.