County Courts Act 1984

54 Provisions supplementary to sections 52 and 53. E+W

(1) A 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.

(2) [F1 Rules 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 rule committee may consider necessary or expedient.

(3) Without prejudice to the generality of subsection (2), [F1 rules 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.

(4) 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 this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

(5) 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.

[F2 (6) This section is subject to any provision made under section 38,]

Textual Amendments

F1 Words in s. 54 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F2 S. 54(6) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 45; S.I. 1991/1364, art. 2, Sch.