The County Court (Amendment No. 3) Rules 1994

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 as follows.

(1) Rule 2 amends the provisions relating to automatic transfer so as to provide that—

(a) the proceedings will be transferred to the court for the address for service given by the defendant or debtor in person, if that is different from the court for the address given in the summons or application;

(b) automatic transfer before judgment may take place only once, on the occurrence of the first in time of any event which could give rise to automatic transfer.

(2) Rule 3 extends the period of validity of an admiralty summons in rem from 4 to 12 months.

(3) Rule 4 applies where proceedings are to be heard by a judge who is the judge for two or more districts. It—

(a) enables any judge of the court for the district in which the proceedings are pending, not just the judge who is to hear the proceedings, to direct that the hearing take place in another district;

(b) enables a court officer to give such a direction.

(4) Rule 5 enables a court officer to order a transfer of proceedings from one county court to another for the purposes of enforcement.

(5) Rules 6 and 7 alter the procedure relating to transfers to the High Court for enforcement so that a transfer by way of a certificate of judgment will only be possible where the transfer is for the purpose of enforcement by execution against goods.

(6) Rule 8 provides that a judgment creditor wishing to enforce a High Court judgment or order must verify the amount due by way of a certificate, rather than an affidavit, and specifies that the judgment creditor must file a copy of the order to transfer the proceedings.

(7) Rule 9 specifies that an application under Order 25, rule 12 (enforcement of award) must be supported by a certificate, rather than an affidavit, and rule 10 makes a similar provision for proceedings under Order 44, rule 4 (agricultural holdings). Rule 9 also provides for orders under Order 25, rule 12 to be made by a court officer and provides for cases where the respondent is not within England and Wales. Rule 11 provides fixed costs for applications under Order 25, rule 12.

(8) Rule 12 extends the suspended committal order procedure to non-maintenance attachment of earnings cases. Rules 13 and 14 amend relevant cross-references.

(9) Rule 15 provides that a charging order nisi must be served on all creditors named in the affidavit in support of the application, unless the court otherwise orders.

(10) Rule 16 extends the list of instances where the proper officer may be an officer of the court to include orders made under Order 13, rule 2(3A) (direction that hearing take place in another court), Order 25, rule 2 (transfer between county courts for enforcement) and Order 25, rule 12 (enforcement of awards).