1992 No. 372

COUNTY COURTS

The County Courts (Financial Limits) Order (Northern Ireland) 1992

To be laid before Parliament

Made

Coming into operation

The Lord Chancellor, in exercise of the powers conferred on him by Article 22(1) of the County Courts (Northern Ireland) Order 19801, after consultation with the Lord Chief Justice, hereby makes the following Order:—

Citation and commencement1

This Order may be cited as the County Courts (Financial Limits) Order (Northern Ireland) 1992 and shall come into operation on 1st November 1992.

Increase of financial limits of civil jurisdiction of county courts2

In the statutory provisions set out in column 1 of the Schedule (which prescribe financial limits relating to the jurisdiction of county courts) for the figures set out in column 2 of that Schedule (wherever they occur) there shall be substituted the figures set out in column 3 of that Schedule.

Revocation3

The County Courts (Financial Limits) Order (Northern Ireland) 19822 is hereby revoked.

Mackay of Clashfern, C.

SCHEDULEIncrease of Financial Limits of Civil Jurisdiction of County Courts

Article 2

Statutory Provisions

Existing Limit of Jurisdiction

New Limit of Jurisdiction

The Grand Jury (Ireland) Act 1836 (c. 116)

section 168 (contracts for public work)

£ 5,000

£10,000

The Landed Property Improvements (Ireland) Act 1847 (c. 32)

section 40 (recovery of rent-charge)

£ 5,000

£10,000

The Landlord and Tenant Law Amendment (Ireland) Act 1860 (c. 154)

section 45 (action for rent in arrear)

£ 500

£ 1,000

section 46 (action for use and occupation)

£ 500

£ 1,000

section 52 (ejectment for year’s rent unpaid)

£ 500

£ 1,000

section 72 (ejectment for overholding)

£ 500

£ 1,000

The Administration of Estates Act (Northern Ireland) 1955 (c. 24)

section 43(2) (jurisdiction of county court)

£15,000

£30,000

£ 2,000

£ 4,000

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

section 22(5)(a) and (b) (payment into court)

£15,000

£30,000

The Mineral Development Act (Northern Ireland) 1969 (c. 35)

section 38(7)(a) and (b) (payment into court)

£15,000

£30,000

The Registration of Deeds Act (Northern Ireland) 1970 (c. 25)

section 17(1)(a) and (b) (breach of statutory duty by registry officials)

£ 5,000

£10,000

The Consumer Credit Act 1974 (c. 39)

section 139(7)(b) (re-opening of extortionate agreements)

£ 5,000

£10,000

The Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8))

Article 24(1) (jurisdiction of county courts)

£15,000

£30,000

The County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

Article 10(1) (general civil jurisdiction)

£ 5,000

£10,000

Article 10(2) (libel and slander)

£ 1,000

£ 2,000

Article 10(6) (recovery of rent)

£ 5,000

£10,000

Article 11(2)(a) (gross value of estate)

£15,000

£30,000

Article 11(2)(b) (legacies and annuities)

£ 5,000

£10,000

Article 11(2)(c) (legacies etc. charged on land)

£ 5,000

£10,000

Article 11(3) (charitable donations)

£15,000

£30,000

Article 14(a) (equity:administration of estates)

£15,000

£30,000

Article 14(b) (equity:administration of trusts)

£15,000

£30,000

Article 14(d) (equity:specific performance)

£15,000

£30,000

Article 14(e) (equity:relief against fraud, mistake)

£15,000

£ 30,000

Article 14(f) (equity:partnerships)

£15,000

£30,000

Article 14(i) (equity:proceedings under Settled Land Acts)

£15,000

£30,000

Article 14(k) (equity:Trustee Act (Northern Ireland) 1958)

£15,000

£30,000

Article 14(l) (equity:infants)

£15,000

£30,000

Article 14(m) (equity:construction of deeds, wills, etc.)

£15,000

£30,000

Article 16(1)(b) (administration pendente lite)

£15,000

£30,000

Article 17(1) (representatives to lodge accounts if required)

£15,000

£30,000

Article 19 (payment into court by trustees)

£15,000

£30,000

Article 30(1) (general civil jurisdiction exercisable by District Judges)

£ 1,000

£ 2,000

Article 30(3) (civil jurisdiction exercisable by District Judges:arbitration)

£ 500

£ 1,000

The Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))

Article 107(2)(a)(i) (committal for default)

£ 5,000

£10,000

(This note is not part of the Order.)

This Order increases the financial limits of civil jurisdiction of county courts in Northern Ireland.

In particular the limits are increased:—

a

from £5,000 to £10,000 in actions founded on tort or contract and in actions for money recoverable by statute;

b

from £15,000 to £30,000 in equity matters;

c

from £500 to £1,000 in respect of arbitrations (small claims);

d

from £1,000 to £2,000 in actions for libel or slander;

e

from £5,000 to £10,000 in respect of extortionate credit agreements under section 139 of the Consumer Credit Act 1974; and

f

from £500 to £1,000, the annual value of lands in respect of which actions may be brought in the county court under sections 45, 46, 52 and 72 of the Landlord and Tenant Law Amendment (Ireland) Act 1860.