Subject to the provisions of any enactment limiting the jurisdiction of F70the county court , whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise, proceedings by the Crown may be instituted in F70the county court .

Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from F70the county court to the High Court and the transfer of proceedings in the High Court to F70the county court shall apply respectively to the removal or transfer of proceedings by the Crown in F70the county court and to the transfer of proceedings by the Crown in the High Court.

Nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.

Where a plaintiff has a demand recoverable under this Act against two or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

Where judgment is so obtained against any person by virtue of subsection (1) and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.

The bankruptcy of the plaintiff in any action in F70the county court which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.

The hearing of the action may be adjourned until such an election is made.

Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

Provision may be made by F2rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.

Any F2rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the F3Civil Procedure Rule Committee may consider necessary or expedient.

Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make F2rules of court relating to costs.

In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party; and any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.

This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the F5Civil Procedure Rule Committeemay consider necessary or expedient.

In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

This section is subject to any provision made under section 38,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The preceding provisions of this section are without prejudice to the exercise by F70the county court of any power to make orders which is exercisable apart from those provisions.

This section is subject to any provision made under section 38,

F69The county court shall not make an order under section 52 or 53 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

F13Rules of court may make provision as to the circumstances in which an order under section 52 or 53 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the F14Civil Procedure Rule Committee may consider necessary or expedient.

Without prejudice to the generality of subsection (2), F13rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 52(2) or 53 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.

Sections 52(2) and 53 and this section bind the Crown; and section 52(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

In sections 52 and 53 and this section—

• “property” includes any land, chattel or other corporeal property of any description;

• “personal injuries”includes any disease and any impairment of a person’s physical or mental condition.

This section is subject to any provision made under section 38,

F55The court shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding F17£1,000.

No person summoned in pursuance of F16rules of court as a witness in F70the county court shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.

The F56 court may at its discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This section does not apply to a debtor summoned to attend by a judgment summons.

Subject to subsection (2), in any proceedings pending before F70the county court , the F59court may, if it thinks fit, upon application on affidavit by any party, issue an order F60... for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings.

No such order shall be made with respect to a person confined under process in any civil action or matter.

Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.

The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court.

This section applies in relation to the family court as it applies in relation to the county court.

An affidavit F63sworn before any such judge or officer may be sworn without the payment of any fee.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

In this section—

• “local authority” means a county council, . . . F21 a district council F22the Broads Authority, F23any National Park authority,a London borough council F24, F52a police and crime commissioner, the Mayor's Office for Policing and Crime. . . F25F26the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985, F27an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,F28an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),F29the London Fire and Emergency Planning Authority,or the Common Council of the City of London; and

• “ house ” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,

and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.

The Lord Chancellor may F30, with the concurrence of the Lord Chief Justice, at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in F70the county court , or in proceedings in F70the county court of such description as may be so specified.

In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a F31legal representativewhether in private practice or not.

A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects F67 every place where the county court sits or as respects one or more specified places where F70the county court sits.

Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.

The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

In any proceedings F87in the county court a judge of the court may, if he thinks fit F34. . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with F87in the county court a judge of the court and act as assessors.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to subsection (4), the remuneration of assessors for sitting under this section shall be F36determined by the F88court and shall be costs in the proceedings unless otherwise ordered by the F88court .

Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

F38Rules of court may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.

On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the F79court .

The F79court may, if F80it thinks fit, on application made to F80it within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

In this section “award” includes an interim award.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where any proceedings or question are referred under F83subsection (1), a judge of the county court may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

F84A judge of the county court may, after deciding or reserving any question of liability, F85refer to another judge of the county court any mere matter of account which is in dispute between the parties and, after deciding the question of liability, may give judgment F86on the other judge's report.

In all other proceedings in F70the county court the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.

There shall be payable, in respect of the trial with a jury of proceedings in F70the county court , such fees as may be prescribed by F43an order under section 92 of the Courts Act 2003 (fees).

Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

Interest under this section may be calculated at different rates in respect of different periods.

In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.

If at any time it appears to the satisfaction of the F74county court that any party to any proceedings F75in the court is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.

Where one person has obtained a judgment or order in F70the county court against another person, and that other person has obtained a judgment or order against the first-mentioned person in the F76... county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.

Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.

Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.

The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.

The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.

Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M4Judgments Act 1838 as that enactment has effect from time to time.

The power conferred by subsection (1) includes power to make provision enabling F70the county court to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).

The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.