The High Court and County Courts Jurisdiction Order 1991

Statutory Instruments

1991 No. 724 (L.5)

COUNTY COURTS

SUPREME COURT OF ENGLAND AND WALES

The High Court and County Courts Jurisdiction Order 1991

Made

19th March 1991

Coming into force

1st July 1991

The Lord Chancellor, in exercise of the powers conferred upon him by sections1 and 120 of the Courts and Legal Services Act 1990M1 , having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:—

Marginal Citations

M1 1990 c.41.

Title and commencement E+W

1.  This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.

[F1 Interpretation E+W

1A.   In this Order—

(a) “the EOP Regulation” means Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure; F2 ...

(b) “the ESCP Regulation” means Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure [F3 ; and]

[F4 (c) “the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014.]]

Textual Amendments

F1 Art. 1A inserted (12.12.2008 for specified purposes, 1.1.2009 in so far as not already in force) by The High Court and County Courts Jurisdiction (Amendment) Order 2008 (S.I. 2008/2934), art. 1(3)(4), 3

F2 Word in art. 1A(a) omitted (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(4)(a)

F3 Word in art. 1A(b) substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(4)(b)

F4 Art. 1A(c) inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(4)(c)

Jurisdiction E+W

2.—(1)  [F5 The County Court] shall have jurisdiction under—

(a) sections F6 ... 146 and 147 of the Law of Property Act 1925 M2 ,

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 26 of the Arbitration Act 1950 M3 ,

(d) section 63(2) of the Landlord and Tenant Act 1954 M4 ,

(e) section 28(3) of the Mines and Quarries (Tips) Act 1969 M5 ,

(f) section 66 of the Taxes Management Act 1970 M6 ,

(g) section 41 of the Administration of Justice Act 1970 M7 ,

F8 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) section 13 of the Torts (Interference with Goods) Act 1977 M8 ,

(j) section 87 of the Magistrates’ Courts Act 1980 M9 ,

(k) sections 19 and 20 of the Local Government Finance Act 1982 M10 ,

(l) sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 M11 ,

(m) section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 M12 ,

(n) sections 99, 102(5), 114, 195, 204, 230, 231 and 235(5) of the Copyright, Designs and Patents Act 1988 M13 , F9 ...

(o) section 40 of the Housing Act 1988 M14 , [F10 and

(p) sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,]

[F11 (q) the EOP Regulation,

(r) the ESCP Regulation,]

whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings F12 ... .

(2) [F5 The County Court] shall have jurisdiction under—

(a) section 10 of the Local Land Charges Act 1975 M15 , and

(b) section 10(4) of the Rentcharges Act 1977 M16 ,

where the sum concerned or amount claimed does not exceed £5,000.

(3) [F5 The County Court] shall have jurisdiction under the following provisions of the Law of Property Act 1925 M17 where the capital value of the land or interest in land which is to be dealt with does not exceed £30,000:

(a) sections 3, 49, 66, 181, and 188;

(b) proviso (iii) to paragraph 3 of Part III of Schedule 1;

(c) proviso (v) to paragraph 1(3) of Part IV of Schedule 1;

(d) provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.

(4) [F5 The County Court] shall have jurisdiction under sections 89, 90, 91 and 92 of the Law of Property Act 1925 M18 where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed £30,000.

(5) [F5 The County Court] shall have jurisdiction under the proviso to section 136(1) of the Law of Property Act 1925 M19 where the amount or value of the debt or thing in action does not exceed £30,000.

(6) [F5 The County Court] shall have jurisdiction under section 1(6) of the Land Charges Act 1972 M20 —

(a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;

(b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000;

(c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the capital value of the land affected does not exceed £30,000;

(d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 M21 or an application for an order under that section relating to that land has been made to the court;

(e) in a case where an application under section 23 of the Deeds of Arrangement Act 1914 M22 could be entertained by the court.

(7) [F5 The County Court] shall have jurisdiction under sections 69, 70 and 71 of the Solicitors Act 1974 M23 where a bill of costs relates wholly or partly to contentious business done in [F13 the County Court] and the amount of the bill does not exceed £5,000.

[F14 (7A) [F15 The County Court] shall have jurisdiction under the following provisions of the Trade Marks Act 1994—

(a) sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;

(b) paragraph 12 of Schedule 1; and

(c) paragraph 14 of Schedule 2,

to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.

[F16 (7B) The County Court has jurisdiction in respect of any contentious probate matter arising in connection with an application for the grant or revocation of probate or administration where—

(a) the grant or application is made through the principal registry of the Family Division or a district probate registry under section 105 of the Senior Courts Act 1981; and

(b) it is shown to the satisfaction of the County Court that the value of the deceased’s net estate at the date of death does not exceed £30,000.

(7C) In paragraph (7B), “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property the deceased was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.]]

F17 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(a)

F6 Word in art. 2(1)(a) omitted (1.1.1997) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1996 (S.I. 1996/3141), arts. 1(1)(a), 2(1)

F7 Art. 2(1)(b) omitted (1.4.2005) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2005 (S.I. 2005/587), arts. 1, 3(a)

F8 Art. 2(1)(h) revoked (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2008 (S.I. 2008/2934), arts. 1(5), 4

F9 Word in art. 2(1)(n) omitted (1.1.1997) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1996 (S.I. 1996/3141), arts. 1(1)(a), 2(2)

F10 Art. 2(1)(p) and word inserted (1.1.1997) by The High Court and County Courts Jurisdiction (Amendment) Order 1996 (S.I. 1996/3141), arts. 1(1)(a), 2(3)

F11 Art. 2(1)(q)(r) inserted (12.12.2008 for specified purposes, 1.1.2009 in so far as not already in force) by The High Court and County Courts Jurisdiction (Amendment) Order 2008 (S.I. 2008/2934), art. 1(3)(4), 5

F12 Words in art. 2(1) omitted (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(5)(a)

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F14 Art. 2(7A)(7B) inserted (1.4.2005) by The High Court and County Courts Jurisdiction (Amendment) Order 2005 (S.I. 2005/587), arts. 1, 3(b)

F15 Words in art. 2(7A) substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(5)(b)

F16 Art. 2(7B)(7C) substituted for art. 2(7B) (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(5)(c)

F17 Art. 2(8) omitted (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(5)(d)

Marginal Citations

M2 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part II of Schedule 2.

M3 14 Geo. 6 c.27; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 22 of Schedule 2.

M4 2 & 3 Eliz. 2 c.56; relevant amendments were made by the Administration of Justice Act 1973 (c.15), section 6 and Part I of Schedule 2.

M5 1969 c.10; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 35 of Schedule 2.

M6 1970 c.9; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 36 of Schedule 2.

M7 1970 c.31; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 38 of Schedule 2.

M8 1977 c.32; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 66 of Schedule 2.

M9 1980 c.43; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 73 of Schedule 2.

M10 1982 c.32.

M11 1984 c.28.

M12 1988 c.34.

M13 1988 c.48.

M14 1988 c.50.

M15 1975 c.76; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 57 of Schedule 2.

M16 1977 c.30; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 63 of Schedule 2.

M17 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part II of Schedule 2.

M18 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part II of Schedule 2.

M19 15 & 16 Geo. 5 c.20; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part II of Schedule 2.

M20 1972 c.61; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part IV of Schedule 2.

M21 1983 c.19.

M22 4 & 5 Geo. 5 c.47.

M23 1974 c.47; relevant amendments were made by the Administration of Justice Act 1982 (c.53), section 37 and Part II of Schedule 3, and by the County Courts Act 1984 (c.28), section 148(1) and paragraph 50 of Schedule 2.

Injunctions E+W

3.  The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in [F13 the County Court] where [F13 the County Court] may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 M24 or otherwise, grant such an injunction.

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

Marginal Citations

M24 1984 c.28; section 38 was replaced by the Courts and Legal Services Act 1990 (c.41), section 3.

AllocationF18 ... E+W

4.  Subject to articles [F19 4A,] 5, 6, 6A [F20 to 6E,] proceedings in which both the [F21 County Court] and the High Court have jurisdiction may be commenced either in [F13 the County Court] or in the High Court.

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F18 Words in art. 4 heading omitted (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(6)(a)

F19 Word in art. 4 inserted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 4

F20 Words in art. 4 substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(6)(b)

F21 Words in art. 4 substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(6)(c)

[F22 4A.   Except for proceedings to which article 5 applies, a claim for money in which the [F23 County Court has] jurisdiction may only be commenced in the High Court if the value of the claim is more than [F24 £100,000].] E+W

Textual Amendments

F22 Art. 4A substituted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 2 (with art. 8)

F23 Words in art. 4A substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(7)(a)

F24 Sum in art. 4A substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(7)(b)

5.— [F25 (1) Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the F26 ... value of the claim is £50,000 or more.] E+W

(2) In this article “personal injuries” means personal injuries to the [F27 claimant] or any other person, and includes disease, impairment of physical or mental condition, and death.

[F28 (3)  This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).]

Textual Amendments

F25 Art. 5(1) substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 6(a)

F26 Word in art. 5(1) omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 3 (with art. 8)

F27 Word in Order substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 3

F28 Art. 5(3) inserted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 6(b)

6.  Applications [F29 and appeals] under section 19 of the Local Government Finance Act 1982 and appeals under section 20 of that Act shall be commenced in the High Court. E+W

Textual Amendments

F29 Words in art. 6 inserted (8.6.1993) by The High Court and County Courts Jurisdiction (Amendment) Order 1993 (S.I. 1993/1407), arts. 1, 3

[F30 6A.   Applications under section 1 of the Access to Neighbouring Land Act 1992 shall be commenced in [F13 the County Court].] E+W

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F30 Art. 6A inserted (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), ss. 7(2), 9(2) (with ss. 7(3), 8(2)); S.I. 1992/3349, art. 2

[F31 6B.   Applications under article 4 of the ESCP Regulation must be commenced in [F13 the County Court].] E+W

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F31 Art. 6B inserted (1.1.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2008 (S.I. 2008/2934), arts. 1(4), 7

[F32 6C.   Proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of the Insolvency Act 1986. E+W

Textual Amendments

F32 Arts. 6C-6F inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(8) (with art. 3)

6D.   Proceedings under section 1 of the Variation of Trusts Act 1958 may be commenced and taken only in the High Court. E+W

Textual Amendments

F32 Arts. 6C-6F inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(8) (with art. 3)

6E.   Proceedings under sections 98, 641(1)(b) and 645 to 651 of the Companies Act 2006 may be commenced and taken only in the High Court. E+W

Textual Amendments

F32 Arts. 6C-6F inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(8) (with art. 3)

6F.   The enactments listed in Part 1 of the Schedule to this Order are amended as specified therein, being amendments which are consequential on the amendments in articles 6C to 6E.] E+W

Textual Amendments

F32 Arts. 6C-6F inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(8) (with art. 3)

[F33 6G.— (1) In this article— E+W

(a) “the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);

(b) “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.

(2) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made to the High Court.]

Textual Amendments

F33 Art. 6G inserted (10.1.2015) by The Civil Jurisdiction and Judgments (Amendment) Regulations 2014 (S.I. 2014/2947), reg. 1, Sch. 4 para. 4 (with reg. 6)

Allocation—Trial E+W

F34 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Art. 7 omitted (26.4.1999) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 7

Enforcement E+W

8.—(1)  [F35 Subject to paragraph (1A)] a judgment or order of [F13 the County Court] for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

[F36 (a) F37 ... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;]

[F38 (b) shall be enforced only in [F13 the County Court] where the sum which it is sought to enforce is less than [F39 £600].]

(c) in any other case may be enforced in either the High Court or [F13 the County Court].

[F40 (1A) A judgment or order of [F13 the County Court] for the payment of a sum of money in proceedings arising out of an agreement regulated by the Consumer Credit Act 1974 shall be enforced only in [F13 the County Court].]

[F41 (2) Subject to paragraph (3), where—

(a) an enactment provides that a sum of money shall be or may be recoverable as if it were payable under [F13 the County Court] order; and

(b) the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

(3) Paragraph (1)(b) does not apply to the enforcement of—

(a) a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or

(b) a compromise sum which is recoverable under section 19A(3) of that Act.]

(2) Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words “ Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991, ”.

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F35 Words in art. 8(1) inserted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(a)

F36 Art. 8(1)(a) substituted (8.6.1993) by The High Court and County Courts Jurisdiction (Amendment) Order 1993 (S.I. 1993/1407), arts. 1, 4(1)

F37 Words in art. 8(1)(a) omitted (1.2.1995) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(b)

F38 Art. 8(1)(b) substituted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(c)

F39 Sum in art. 8(1)(b) substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 8

F40 Art. 8(1A) inserted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(d)

F41 Art. 8(2)(3) inserted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 4

[F42 [F43 Enforcement of traffic penalties] E+W

8A.— (1) Proceedings for the recovery of—

[F44 (a) increased penalty charges provided for in charge certificates issued under—

(i) paragraph 6 of Schedule 6 to the 1991 Act; F45 ...

(ii) paragraph 8 of Schedule 1 to the London Local Authorities Act 1996;

[F46 (iii) regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(iv) regulation 21 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007; and

(v) regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008;]]

(b) amounts payable by a person other than a [F47 local] authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act; F48 ...

[F49 (c) amounts payable by a person other than a local authority under an adjudication pursuant to—

(i) the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(ii) the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007; and

(iii) the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008; and]

[F50 (d) increased fixed penalties referred to in—

(i) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002; and

(ii) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003,]

shall be taken in [F51 the] County Court.

(2) In this article, “the 1991 Act” means the Road Traffic Act 1991 F52 ...

[F53 (3) In this article, “a local authority” means:—

(a) in England, a [F54 London borough council, the Common Council of the City of London, Transport for London], a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.]]

Textual Amendments

F42 Art. 8A inserted (8.6.1993) by The High Court and County Courts Jurisdiction (Amendment) Order 1993 (S.I. 1993/1407), arts. 1, 5

F43 Art. 8A heading substituted (1.6.2001) by The High Court and County Courts Jurisdiction (Amendment) Order 2001 (S.I. 2001/1387), arts. 1, 3(a)

F44 Art. 8A(1)(a) substituted (1.6.2001) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2001 (S.I. 2001/1387), arts. 1, 3(b)

F45 Word in art. 8A(1)(a)(i) omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(1)(a)

F46 Art. 8A(1)(a)(iii)-(v) inserted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(1)(b)

F47 Word in art. 8A(1)(b) substituted (1.1.1997) by The High Court and County Courts Jurisdiction (Amendment) Order 1996 (S.I. 1996/3141), arts. 1(1)(a), 4(1)

F48 Word in art. 8A(1)(b) omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(1)(c)

F49 Art. 8A(1)(c) substituted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(1)(d)

F50 Art. 8A(1)(d) inserted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(1)(e)

F51 Word in art. 8A(1) substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(9)

F52 Words in art. 8A(2) omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(2)

F53 Art. 8A(3) inserted (1.1.1997) by The High Court and County Courts Jurisdiction (Amendment) Order 1996 (S.I. 1996/3141), arts. 1(1)(a), 4(3)

F54 Words in art. 8A(3)(a) substituted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 5(3)

[F55 Enforcement of possession orders against trespassers E+W

8B.— (1) A judgment or order of [F13 the County Court] for possession of land made in a possession claim against trespassers may be enforced in the High Court or [F13 the County Court].

(2) In this article “a possession claim against trespassers” has the same meaning as in Part 55 of the Civil Procedure Rules 1998.]

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F55 Art. 8B inserted (15.10.2001) by The High Court and County Courts Jurisdiction (Amendment No. 2) Order 2001 (S.I. 2001/2685), arts. 1, 2

F56 [F57 ... [F58 Value] of claim E+W

9.   For the purposes of Articles 4A and 5, the F59 ... value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.]

Textual Amendments

F56 Word in art. 9 heading omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 6 (with art. 8)

F57 Art. 9 substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 9

F58 Word in art. 9 heading substituted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 6 (with art. 8)

F59 Word in art. 9 omitted (6.4.2009) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 7 (with art. 8)

Modifications etc. (not altering text)

C1 Art. 9 applied (1.10.1991) by The County Court Appeals Order 1991 (S.I. 1991/1877), arts. 1, 2(5)

F60 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Art. 10 omitted (26.4.1999) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 10

Crown proceedings—transitional provisions E+W

11.  For a period of two years from the date upon which this Order comes into force no order shall be made transferring proceedings in the High Court to which the Crown is a party to [F13 the County Court], except—

(a) when the proceedings are set down to be tried or heard; or

(b) with the consent of the Crown.

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

Savings E+W

12.  This Order shall not apply to:

(a) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984 M25 ;

F61 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Art. 12(b) omitted (26.4.1999) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 11

Marginal Citations

M25 1984 c.42.

Mackay of Clashfern, C.

[F62 Article 6F]

SCHEDULE E+W

Textual Amendments

F62 Shoulder note substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(i) (with art. 3)

PART I— E+W ACTS M26

Marginal Citations

M26 Details of relevant amendments to the statutes amended in this Schedule are set out in the footnotes to article 2.

Chapter	Short Title	Amendment
22 Vict. c.12	Defence Act 1859	Section 5 is repealed.
15 & 16 Geo. 5 c.20	Law of Property Act 1925	(1)In sections 3(7), 49(4), 66(4), paragraph 3A of Part III of Schedule 1 and paragraph 1(3A) and (4A) of Part IV of Schedule 1, for the words “the county court limit” is substituted “ £30,000 ”, and the words “or net annual value for rating” are omitted. (2)In sections 30(2) and 147(5) the words from “where the” onwards are omitted. (3)In sections 89(7), 90(3), 91(8), 92(2), 136(3), 181(2) and 188(2), for the words “the county court limit” is substituted “ £30,000 ”. (4)In section 146(13), paragraphs (a) and (b) are omitted. (5)In section 205(1), paragraph (iiiA) is omitted.
1 & 2 Geo. 6 c.22	Trade Marks Act 1938	In section 58C(5)(a) for the word “provided” are substituted the words “ save that in Northern Ireland such proceedings may be brought in a county cour t only where ”.
14 Geo. 6 c.27	Arbitration Act 1950	(1)In section 26, the following is substituted for subsection (2): “(2) If [F13 the County Court] so orders, the amount sought to be recovered shall be recoverable (by execution issued from the county court or otherwise) as if payable under an order of that court and shall not be enforceable under subsection (1) above.”. (2)In section 26, subsection (4) is omitted.
2 & 3 Eliz. 2 c.56	Landlord and Tenant Act 1954	In section 63— (a)in subsection (2), paragraphs (a) and (b) are omitted and the words “ by the High Court or [F13 the County Court]” are substituted. (b)subsection (3) is omitted; (c)in subsection (4)(a), for the words “subsection (2) of this section” are substituted the words “ an Order under section 1 of the Courts and Legal Services Act 1990 ”; (d)subsection (8) is omitted; (e)in subsection (9), for the words “section one hundred and eleven of the County Courts Act 1934” are substituted the words “ section 41 of the County Courts Act 1984 ”
1969 c.10	Mines and Quarries (Tips) Act 1969	The following is substituted for section 28: “28. In the application of this Part of this Act to England and Wales, “the court” means the High Court or [F13 the County Court].”
1970 c.9	Taxes Management Act 1970	(1)In section 66(1) for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) is omitted. (3)The following is substituted for section 66(3): “(3) In this section as it applies in Northern Ireland the expression “county court” shall mean [F13 the County Court] held for a division under the County Courts (Northern Ireland) Order 1980.”
1970 c.31	Administration of Justice Act 1970	In section 41, subsections (4) and (4A) are omitted.
1972 c.61	Land Charges Act 1972	(1)The following is substituted for section 1(6A): “(6A) The county courts have jurisdiction under subsection (6) above— (a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000; (b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000; (c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E if the capital value of the land affected does not exceed £30,000; (d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 or an application for an order under that section relating to that land has been made to the court; (e) in a case where an application under section 23 of the Deeds of Arrangement Act 1914 could be entertained by the court.”. (2)Section 1(6B) is omitted.
1974 c.39	Consumer Credit Act 1974	In section 139, the words, in subsection (5), “not exceeding the county court limit” and “on which the credit limit does not exceed the county court limit”, and subsection (5A) are omitted.
1974 c.47	Solicitors Act 1974	In section 69— (a)in subsection (3), for the words “the county court limit” is substituted “ £5,000 ”; a nd (b)subsection (4) is omitted.
1975 c.76	Local Land Charges Act 1975	The following is substituted for section 10(8) and (8A): “(8) Where the amount claimed by way of compensation under this section does not exceed £5,000, proceedings for the recovery of such compensation may be begun in [F13 the County Court].”.
1977 c.30	Rentcharges Act 1977	(1)In section 10(4) for the words “the county court limit” is substituted “ £5,000 ”. (2)In section 10, subsection (4A) is omitted.
1977 c.32	Torts (Interference with Goods) Act 1977	(1)In section 13(3) the words from “, and [F13 the County Court]” onwards are omitted and the following is substituted: “and [F13 the County Court] shall have jurisdiction in the proceedings save that, in Northern Ireland, [F13 the County Court] shall only have jurisdiction in proceedings if the value of the goods does not exceed the county court limit mentioned inArticle 10(1) of the County Courts (Northern Ireland) Order 1980.”. (2)In section 14 the definition of “county court limit” is omitted.
1980 c.43	Magistrates’ Courts Act 1980	In section 87, subsections (2) and 2(A) are omitted.
F63 . . .	F63 . . .	F63 . . .
1982 c.53	Administration of Justice Act 1982	In paragraph 8 of Schedule 3 the words from “if the limit” to the end are omitted.
1984 c.28	County Courts Act 1984	(1)In section 15(1) the words from “where the debt” to the end are omitted. (2)In section 15(2), paragraph (a) and the words “any hereditament or to” in paragraph (b) are omitted. (3)Section 15(3) is omitted. (4)In section 16, paragraph (b) and the word “and” immediately before it are omitted. (5)In section 21(1) the words from “where the net annual value” to the end are omitted. (6)In section 21(2) the words from “being an action” to the end are omitted. (7)In section 21, subsections (5) and (6) are omitted. (8)In section 24(2)(c), the references to sections 30(2), 146(13) and 147(5) are omitted. (9)In section 25, the words from “where it is shown” to the end are omitted. (10)In section 139(2) the words “, if the net annual value for rating of the land does not exceed the county court limit,” are omitted. (11)In section 147(1), paragraph (b) of the definition of “the county court limit” and, in paragraph (c) of that definition, the words “or (b)” are omitted.
1985 c.68	Housing Act 1985	In section 582(7), paragraph (b) is omitted.
1988 c.34	Legal Aid Act 1988	(1)In section 39(4) the words from “notwithstanding” onwards are omitted. (2)Paragraph 3(3)(b) of Schedule 3, and the word “or” immediately preceding it, are omitted.
1988 c.48	Copyright, Designs and Patents Act 1988	(1)In sections 115, 205 and 232 before the words “where the value” are inserted the words “ save that, in Northern Ireland, [F13 the County Court] may entertain such proceedings only ”.
1988 c.50	Housing Act 1988	Section 40(2) is omitted.
[F64 1984 c.28	The County Courts Act 1984	In section 23(b)— (a) in sub-paragraph (ii) omit “or”; and (b) omit sub-paragraph (iii).
1986 c.45	The Insolvency Act 1986	In section 117, after subsection (2) insert- “(2A) Despite subsection (2), proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of this Act.”.
2006 c.26	The Companies Act 2006	(2) In section 641, after subsection (6) insert— “(7) In subsection (1)(b), section 91(5)(b)(iii), sections 645 to 651 (except in the phrase “sanctioned by the court under Part 26”) and 653(1) “the court” means, in England and Wales, the High Court.”.]

Textual Amendments

F13 Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)

F63 Words in Sch. Pt. 1 revoked (11.9.1998) by Audit Commission Act 1998 (c. 18), s. 55(2), Sch. 5

F64 Words in Sch. Pt. 1 inserted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(a)(ii) (with art. 3)

PART II— E+W STATUTORY INSTRUMENTS

Year and number	T itle	Amendment
F65 . . .	F65 . . .	F65 . . .
S.I. 1981/1749	County Courts Appeals Order 1981	The following is substituted for article 2: “2.   There shall be no right of appeal under section 77 of the County Courts Act 1984 without the leave either of the judge of the county court or of the Court of Appeal where: (a) the claim (or counter-claim, if larger) is for an amount not exceeding— (i) in the case of proceedings in which the county courts have jurisdiction by virtue of section 15 or 16 of the County Courts Act 1984, £2,500 and (ii) in the case of proceedings in which the county courts have jurisdiction by virtue of section 23 or 32 of the County Courts Act 1984, £15,000; or (b) the determination sought to be appealed from was made by the judge acting in an appellate capacity.”.
S.I. 1982/543	Court of Appeal (Civil Division) Order 1982	The following is substituted for article 2(b): “(b) an appeal from a judgment or order of the High Court in proceedings in which the county courts have jurisdiction;”.
S.I. 1989/1548	Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989	In Forms 1, 3, 13 and 15 in the Schedule the words from “You should apply to the county court” to “you should apply to the High Court.” are omitted.
S.I. 1986/1711	Stamp Duty Reserve Tax Regulations 1986	(1)In section 66(1) of the Taxes Management Act 1970 as set out in the Schedule, for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) of the Taxes Management Act 1970 as set out in the Schedule is omitted. (3)The following is substituted for section 66(3) of the Taxes Management Act 1970 as set out in the Schedule: “(3) In this section as it applies in Northern Ireland the expression “county court” shall mean [F13 the County Court] held for a division under the County Courts (Northern Ireland) Order 1980.”

Textual Amendments

F65 Words in Sch. Pt. 2 omitted (22.4.2014) by virtue of The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(10)(b)

Explanatory Note

(This note is not part of the Order)

This Order makes new arrangements for the distribution of proceedings between the High Court and the county courts.

Article 2 abolishes many of the financial limitations on the jurisdiction of the county courts. In place of those limitations, articles 4 to 8 provide new criteria for determining where proceedings are to be commenced and tried and where judgments are to be enforced.

In particular, actions in respect of personal injuries must be commenced in a county court unless the claim is worth £50,000 or more (article 5) and certain proceedings under the Local Government Finance Act 1982 must be commenced in the High Court (article 6).

The Order provides (article 7) that actions worth less than £25,000 must normally be tried in a county court, and those worth £50,000 or more must normally be tried in the High Court, with those in between going either way, subject to the criteria laid down in article 7(5) for determining which level of court is the more appropriate for a particular case.

The value of an action for the purposes of these provisions as to commencement and trial is defined by articles 9 and 10.

For enforcement, article 8 provides that county court judgments for the payment of a sum of money of £5,000 or more must be enforced in the High Court, and may be enforced in the High Court if they are for £2,000 or more. Below that they must be enforced in a county court.

Several statutory provisions relating to county court jurisdiction limits are consequentially amended or repealed by the Schedule to the Order.

The Order does not affect family or Admiralty proceedings.