County Courts Act 1984

77 Appeals: general provisions. E+W

(1) Subject to the provisions of this section and the following provisions of this Part of this Act, 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 [F1 Civil Procedure Rules].

[F2 (1A) Without prejudice to the generality of the power to make [F3 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.]

(2) The Lord Chancellor may by order prescribe classes of proceedings in which there is to be no right of appeal under this section without the leave either of the judge of the county court or of the Court of Appeal.

(3) An order under subsection (2)—

(a) may classify proceedings according to the nature of those proceedings;

(b) may classify proceedings according to the amount or value or annual value of the money or other property which is the subject of those proceedings or according to whether that amount or value or annual value exceeds a specified fraction of the relevant county court limit;

(c) may provide that the order shall not apply to determinations made before such date as may be specified in the order; and

(d) may make different provision for different classes of proceedings.

(4) The power to make an order under subsection (2)

shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(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) [F4 section 84(2)(a) of the Housing Act 1985]; or

[F5 (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; and

• “the relevant county court limit” means, in relation to proceedings of any description, the sum by reference to which the question whether a county court has jurisdiction to hear and determine the proceedings falls to be decided.

Textual Amendments

F1 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)

F2 S. 77(1A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 15

F3 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.

F4 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 57(3)

F5 S. 77(6)(ee) inserted by Housing Act 1988 (c. 50, SIF 61:1), s. 140, Sch. 17 para. 35(2)

Marginal Citations

M1 1954 c. 56.

M2 1976 c. 80.

M3 1977 c. 42.