This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.
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.
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.
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.
1969 c.10; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 35 of Schedule 2.
1970 c.9; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 36 of Schedule 2.
1970 c.31; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 38 of Schedule 2.
1977 c.32; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 66 of Schedule 2.
1980 c.43; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 73 of Schedule 2.
1975 c.76; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 57 of Schedule 2.
1977 c.30; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and paragraph 63 of Schedule 2.
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.
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.
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.
1972 c.61; relevant amendments were made by the County Courts Act 1984 (c.28), section 148(1) and Part IV of Schedule 2.
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.
1984 c.28; section 38 was replaced by the Courts and Legal Services Act 1990 (c.41), section 3.
Art. 9 applied (1.10.1991) by The County Court Appeals Order 1991 (S.I. 1991/1877), arts. 1, 2(5)
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
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)
Art. 8A inserted (8.6.1993) by The High Court and County Courts Jurisdiction (Amendment) Order 1993 (S.I. 1993/1407), arts. 1, 5
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
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)
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)
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)
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)
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)
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)
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)
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)
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)
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
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)
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)
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
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
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
Art. 9 substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 9
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
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
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)
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)
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
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)
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)
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
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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
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
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Art. 2(6)(e) omitted (1.10.2015) by virtue of The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 3 para. 3(2) (with art. 10)
Art. 1A(a)(b) omitted (31.12.2020) by virtue of The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1311), regs. 1, 4(2) (with Pt. 5) (as substituted by S.I. 2020/1493, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(1)(q)(r) omitted (31.12.2020) by virtue of The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1311), regs. 1, 4(3) (with Pt. 5) (as substituted by S.I. 2020/1493, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 6B omitted (31.12.2020) by virtue of The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1311), regs. 1, 4(4) (with Pt. 5) (as substituted by S.I. 2020/1493, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 6G omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 70 (with
Words in art. 8A(1)(a)(iv) substituted (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 4 para. 2
Words in art. 8A(1)(c)(ii) substituted (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/576), reg. 1(2), Sch. 2 para. 1(2)
This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.
In this Order—
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“the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014.
sections
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section 26 of the Arbitration Act 1950
section 63(2) of the Landlord and Tenant Act 1954
section 28(3) of the Mines and Quarries (Tips) Act 1969
section 66 of the Taxes Management Act 1970
section 41 of the Administration of Justice Act 1970
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section 13 of the Torts (Interference with Goods) Act 1977
section 87 of the Magistrates’ Courts Act 1980
sections 19 and 20 of the Local Government Finance Act 1982
sections 15, 16, 21, 25 and 139 of the County Courts Act 1984
section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988
sections 99, 102(5), 114, 195, 204, 230, 231 and 235(5) of the Copyright, Designs and Patents Act 1988
section 40 of the Housing Act 1988
sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings
section 10 of the Local Land Charges Act 1975
section 10(4) of the Rentcharges Act 1977
where the sum concerned or amount claimed does not exceed £5,000.
sections 3, 49, 66, 181, and 188;
proviso (iii) to paragraph 3 of Part III of Schedule 1;
proviso (v) to paragraph 1(3) of Part IV of Schedule 1;
provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.
in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;
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;
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;
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
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sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;
paragraph 12 of Schedule 1; and
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.
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—
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
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.
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.
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The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in
Subject to articles
Except for proceedings to which article 5 applies, a claim for money in which the
Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the
In this article “personal injuries” means personal injuries to the
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).
Applications
Applications under section 1 of the Access to Neighbouring Land Act 1992 shall be commenced in
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Proceedings under section 1 of the Variation of Trusts Act 1958 may be commenced and taken only in the High Court.
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.
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.
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shall be enforced only in
in any other case may be enforced in either the High Court or
A judgment or order of
Subject to paragraph (3), where—
an enactment provides that a sum of money shall be or may be recoverable as if it were payable under
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).
Paragraph (1)(b) does not apply to the enforcement of—
a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or
a compromise sum which is recoverable under section 19A(3) of that Act.
Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words
Proceedings for the recovery of—
increased penalty charges provided for in charge certificates issued under—
paragraph 6 of Schedule 6 to the 1991 Act;
paragraph 8 of Schedule 1 to the London Local Authorities Act 1996;
regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
regulation 21 of the
regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008;
amounts payable by a person other than a
amounts payable by a person other than a local authority under an adjudication pursuant to—
the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
the
the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008; and
increased fixed penalties referred to in—
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002; and
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003,
shall be taken in
In this article, “the 1991 Act” means the Road Traffic Act 1991
In this article, “a local authority” means:—
in England, a
in Wales, a county or county borough council.
A judgment or order of
In this article “a possession claim against trespassers” has the same meaning as in Part 55 of the Civil Procedure Rules 1998.
For the purposes of Articles 4A and 5, the
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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
when the proceedings are set down to be tried or heard; or
with the consent of the Crown.
This Order shall not apply to:
family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984
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