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Part IIE+W Jurisdiction and Transfer of Proceedings

Equity proceedingsE+W

23 Equity jurisdiction.E+W

[F1The county court] shall have all the jurisdiction of the High Court to hear and determine—

(a)proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit;

(b)proceedings—

(i)for the execution of any trust, or

(ii)for a declaration that a trust subsists, F2...

F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit;

(c)proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the county court limit;

(d)proceedings for the specific performance, or for the rectification, delivery up or cancellation, of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money, or in the case of a lease, the value of the property, does not exceed the county court limit;

(e)proceedings relating to the maintenance or advancement of a minor, where the property of the minor does not exceed in amount or value the county court limit;

(f)proceedings for the dissolution or winding-up of any partnership (whether or not the existence of the partnerships is in dispute), where the whole assets of the partnership do not exceed in amount or value the county court limit;

(g)proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

Textual Amendments

F1Words in ss. 15-25 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Word in s. 23(b)(ii) omitted by virtue of S.I. 1991/724, Sch. Pt. 1 (as amended (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(ii) (with art. 3))

F3S. 23(b)(iii) omitted by virtue of S.I. 1991/724, Sch. Pt. 1 (as amended (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(ii) (with art. 3))