County Courts Act 1984

Part IV E+W Appeals etc.

Appeals E+W

77 Appeals: general provisions. E+W

(1) Subject to the provisions of this section and the following provisions of this Part of this Act [F1 and to any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999], if any party to any proceedings in a county court is dissatisfied with the determination of the judge or jury, he may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by [F2 Civil Procedure Rules].

[F3 (1A) Without prejudice to the generality of the power to make [F4 rules of court] under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court.]

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to the provisions of this section and the following provisions of this Part of this Act, where an appeal is brought under subsection (1) in any action, an appeal may be brought under that subsection in respect of any claim or counterclaim in the action notwithstanding that there could have been no such appeal if that claim had been the subject of a separate action.

(6) In proceedings in which either the plaintiff or the defendant is claiming possession of any premises this section shall not confer any right of appeal on any question of fact if by virtue of—

(a) section 13(4) of the M1 Landlord and Tenant Act 1954; or

(b) Cases III to IX in Schedule 4 to the M2 Rent (Agriculture) Act 1976; or

(c) section 98 of the M3 Rent Act 1977, as it applies to Cases 1 to 6 and 8 and 9 in Schedule 15 to that Act, or that section as extended or applied by any other enactment; or

(d) section 99 of the Rent Act 1977, as it applies to Cases 1 to 6 and 9 in Schedule 15 to that Act; or

(e) [F6 section 84(2)(a) of the Housing Act 1985]; or

[F7 (ee) section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or]

(f) any other enactment,

the court can only grant possession on being satisfied that it is reasonable to do so.

(7) This section shall not—

(a) confer any right of appeal from any judgment or order where a right of appeal is conferred by some other enactment; or

(b) take away any right of appeal from any judgment or order where a right of appeal is so conferred,

and shall have effect subject to any enactment other than this Act.

(8) In this section—

• “enactment” means an enactment whenever passed; F8 . . .

• F8 . . .

Textual Amendments

F1 Words in s. 77(1) inserted (2.5.2000) by S.I. 2000/1071, art. 8 (which amending Order is revoked (3.10.2016) by S.I. 2016/917, art. 7); and those same words inserted (3.10.2016) by The Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917), arts. 1, 10

F2 Words in s. 77(1) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(7); S.I. 1999/1009, art. 3(h)

F3 S. 77(1A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 15

F4 Words in s. 77(1A) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F5 S. 77(2)-(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

F6 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 57(3)

F7 S. 77(6)(ee) inserted by Housing Act 1988 (c. 50, SIF 61:1), s. 140, Sch. 17 para. 35(2)

F8 Definition in s. 77(8) and the preceding “and” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

Modifications etc. (not altering text)

C1 S. 77(1) excluded (30.12.2005) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 (S.I. 2005/3276), art. 1(3)(b)(i)

Marginal Citations

M1 1954 c. 56.

M2 1976 c. 80.

M3 1977 c. 42.

78 Assistance of Trinity masters for Court of Appeal in Admiralty proceedings. E+W

Where, on an appeal by a party to any Admiralty proceedings which have been heard in a county court with the assistance of assessors, any party makes application to the Court of Appeal in that behalf, the court shall summon Trinity masters to assist on the hearing of the appeal if the court is of opinion that such assistance is necessary or desirable.

79 Agreement not to appeal. E+W

(1) No appeal shall lie from any judgment, direction, decision or order of a judge of county courts if, before the judgment, direction, decision or order is given or made, the parties agree, in writing signed by themselves or their [F9 legal representatives]or agents, that it shall be final.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F9 Words in s. 79(1) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para.49(3); S.I. 1991/608, art. 2, Sch.

F10 S. 79(2) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

80 Judge’s note on appeal. E+W

(1) At the hearing of any proceedings in a county court in which there is a right of appeal or from which an appeal may be brought with leave, the judge shall, at the request of any party, make a note—

(a) of any question of law raised at the hearing; and

(b) of the facts in evidence in relation to any such question; and

(c) of his decision on any such question and of his determination of the proceedings.

(2) Where such a note has been taken, the judge shall (whether notice of appeal has been served or not), on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed by [F11 an order under section 92 of the Courts Act 2003 (fees)], furnish him with a copy of the note, and shall sign the copy, and the copy so signed shall be used at the hearing of the appeal.

Textual Amendments

F11 Words in s. 80(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 271; S.I. 2005/910, art. 3

81 Powers of Court of Appeal on appeal from county court. E+W

(1) On the hearing of an appeal, the Court of Appeal may draw any inference of fact and either—

(a) order a new trial on such terms as the court thinks just; or

(b) order judgment to be entered for any party; or

(c) make a final or other order on such terms as the court thinks proper to ensure the determination on the merits of the real question in controversy between the parties.

(2) Subject to [F12 Civil Procedure Rules], on any appeal from a county court the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the county court in whole or in part, any determinations made in the county court on questions of fact, notwithstanding that the appeal is an appeal on a point of law only, or any such determinations on points of law, notwithstanding that the appeal is an appeal on a question of fact only.

(3) Subsection (2) shall not enable the Court of Appeal to reverse or vary any determination, unless the party dissatisfied with the determination would have been entitled to appeal in respect of it if aggrieved by the judgment or order.

Textual Amendments

F12 Words in s. 81(2) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(8); S.I. 1999/1009, art. 3(i)

82 Decision of Court of Appeal on probate appeals to be final. E+W

No appeal shall lie from the decision of the Court of Appeal on any appeal from a county court in any probate proceedings.

Certiorari and prohibition E+W

83 Stay of proceedings in case of certiorari or prohibition. E+W

(1) The grant by the High Court of leave to make an application for an order of certiorari or prohibition to a county court shall, if the High Court so directs, operate as a stay of the proceedings in question until the determination of the application, or until the High Court otherwise orders.

(2) Where any proceedings are so stayed, the judge of the county court shall from time to time adjourn the hearing of the proceedings to such day as he thinks fit.

84 Prohibition. E+W

(1) Where an application is made to the High Court for an order of prohibition addressed to any county court, the matter shall be finally disposed of by order.

(2) Upon any such application, the judge of the county court shall not be served with notice of it, and shall not, except by the order of a judge of the High Court—

(a) be required to appear or be heard; or

(b) be liable to any order for the payment of the costs of the application;

but the application shall be proceeded with and heard in the same manner in all respects as an appeal duly brought from a decision of the judge, and notice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge in a matter within his jurisdiction.