1991 No. 724 (L.5)
The High Court and County Courts Jurisdiction Order 1991
Made
Coming into force
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:—
Title and commencement1
This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.
F29Interpretation1A
In this Order—
F62a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44c
“the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014.
Jurisdiction2
1
F55The County Court shall have jurisdiction under—
F28b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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,
F41h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
p
sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,
F63q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63r
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings F49... .
2
F55The 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
F55The 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
5
6
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;
F61e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F277A
F50The 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.
F487B
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.
F518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Injunctions3
The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in F56the County Court where F56the County Court may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 M23 or otherwise, grant such an injunction.
AllocationF45...4
F304A
5
F161
Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the F43... value of the claim is £50,000 or more.
2
In this article “personal injuries” means personal injuries to the F20claimant or any other person, and includes disease, impairment of physical or mental condition, and death.
F173
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).
6
Applications F4and 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.
F16A
Applications under section 1 of the Access to Neighbouring Land Act 1992 shall be commenced in F56the County Court.
F646B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F576C
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.
6D
Proceedings under section 1 of the Variation of Trusts Act 1958 may be commenced and taken only in the High Court.
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.
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.
F656G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Allocation—TrialF187
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement8
1
F7Subject to paragraph (1A) a judgment or order of F56the County Court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—
F2a
F8... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;
F6b
c
in any other case may be enforced in either the High Court or F56the County Court.
F51A
F422
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 F56the 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,
”
.
F3F24Enforcement of traffic penalties8A
1
Proceedings for the recovery of—
F25a
increased penalty charges provided for in charge certificates issued under—
i
paragraph 6 of Schedule 6 to the 1991 Act; F34...
ii
paragraph 8 of Schedule 1 to the London Local Authorities Act 1996;
F36iii
regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
iv
regulation 21 of the F66Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; and
v
regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008;
b
F38c
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 F67Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022; and
iii
the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008; and
F35d
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 F52the County Court.
2
In this article, “the 1991 Act” means the Road Traffic Act 1991 F39...
F26Enforcement of possession orders against trespassers8B
1
2
In this article “a possession claim against trespassers” has the same meaning as in Part 55 of the Civil Procedure Rules 1998.
F31F21... F32Value of claimC19
For the purposes of Articles 4A and 5, the F33... value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.
F2210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crown proceedings—transitional provisions11
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 F56the County Court, except—
a
when the proceedings are set down to be tried or heard; or
b
with the consent of the Crown.
Savings12
This Order shall not apply to:
a
family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984 M24;
F23b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE
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— ACTS M25
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 (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 (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 |
14 Geo. 6 c.27 | Arbitration Act 1950 | (1)In section 26, the following is substituted for subsection (2):
(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 (b)subsection (3) is omitted; (c)in subsection (4)(a), for the words “subsection (2) of this section” are substituted the words (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 |
1969 c.10 | Mines and Quarries (Tips) Act 1969 | The following is substituted for section 28:
|
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 (2)Section 66(2A) is omitted. (3)The following is substituted for section 66(3):
|
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):
(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 (b)subsection (4) is omitted. |
1975 c.76 | Local Land Charges Act 1975 | The following is substituted for section 10(8) and (8A):
|
1977 c.30 | Rentcharges Act 1977 | (1)In section 10(4) for the words “the county court limit” is substituted (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 F56the County Court” onwards are omitted and the following is substituted:
(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. |
F14. . . | F14. . . | F14. . . |
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 |
1988 c.50 | Housing Act 1988 | Section 40(2) is omitted. |
F591984 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-
|
2006 c.26 | The Companies Act 2006 | (2) In section 641, after subsection (6) insert—
|
PART II— STATUTORY INSTRUMENTS
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)
Year and number | T itle | Amendment |
---|---|---|
F60. . . | F60. . . | F60. . . |
S.I. 1981/1749 | County Courts Appeals Order 1981 | The following is substituted for article 2:
|
S.I. 1982/543 | Court of Appeal (Civil Division) Order 1982 | The following is substituted for article 2(b):
|
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 (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:
|
1990 c.41.