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Revised Statute from The UK Statute Law Database

County Courts Act 1984 (c. 28)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

County Courts Act 1984

1984 CHAPTER 28

Contents

Go to Preamble

  1. Part I

    Constitution and Administration

    1. County courts and districts

      1. 1. County courts to be held for districts

      2. 2. County court districts etc

    2. Places and times of sittings of courts

      1. 3. Places and times of sittings

      2. 4. Use of public buildings for courts

    3. Judges

      1. 5. Judges of county courts

    4. District judges , assistant district judges and deputy district judges

      1. 6.District judges

      2. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 8.Deputy district judges

      4. 9. Qualifications

      5. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 11. Tenure of office

      7. 12. Records of proceedings to be kept by district judges

    5. Miscellaneous provisions as to officers

      1. 13. Officers of court not to act as legal representativesin that court

      2. 14. Penalty for assaulting officers

  2. Part II

    Jurisdiction and Transfer of Proceedings

    1. Actions of contract and tort

      1. 15. General jurisdiction in actions of contract and tort

      2. 16. Money recoverable by statute

      3. 17. Abandonment of part of claim to give court jurisdiction

      4. 18. Jurisdiction by agreement in certain actions

      5. 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Recovery of land and cases where title in question

      1. 21. Actions for recovery of land and actions where title is in question

      2. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Equity proceedings

      1. 23. Equity jurisdiction

      2. 24. Jurisdiction by agreement in certain equity proceedings

    4. Family provision proceedings

      1. 25. Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975

    5. Admiralty proceedings

      1. 26. Districts for Admiralty purposes

      2. 27. Admiralty jurisdiction

      3. 28. Mode of exercise of Admiralty jurisdiction

      4. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 30. Restrictions on entertainment of actions in personam in collision and other similar cases

      6. 31. Admiralty—interpretation

    6. Probate proceedings

      1. 32. Contentious probate jurisdiction

      2. 33. Effect of order of judge in probate proceedings

    7. Miscellaneous provisions as to jurisdiction

      1. 34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 35. Division of causes of action

      3. 36. No action on judgment of High Court

    8. Exercise of jurisdiction and ancillary jurisdiction

      1. 37. Persons who may exercise jurisdiction of court

      2. 38. Remedies available in county courts

    9. Transfer of proceedings

      1. 40. Transfer of proceedings to county court

      2. 41. Transfer to High Court by order of High Court

      3. 42. Transfer to High Court by order of a county court

      4. 43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 45. Costs in transferred cases

  3. Part III

    Procedure

    1. Parties

      1. 46. Proceedings by the Crown

      2. 47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 48. Persons jointly liable

      4. 49. Bankruptcy of plaintiff

    2. Interim payments in pending proceedings

      1. 50. Orders for interim payment

    3. Provisional damages for personal injuries

      1. 51. Orders for provisional damages for personal injuries

    4. Discovery and related procedures

      1. 52. Powers of court exercisable before commencement of action

      2. 53. Power of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death

      3. 54. Provisions supplementary to sections 52 and 53

    5. Witnesses and evidence

      1. 55. Penalty for neglecting or refusing to give evidence

      2. 56. Examination of witnesses abroad

      3. 57. Evidence of prisoners

      4. 58. Persons who may take affidavits for use in county courts

      5. 59. Evidence in Admiralty proceedings

    6. Right of audience

      1. 60. Right of audience

      2. 61. Right of audience by direction of Lord Chancellor

    7. Mode of trial

      1. 62. General power of judge to determine questions of law and fact

      2. 63. Assessors

      3. 64. Reference to arbitration

      4. 65. Power of judge to refer to registrar or referee

    8. Juries

      1. 66. Trial by jury

      2. 67. Impanelling and swearing of jury

      3. 68. Duty of judge to determine foreign law in jury trials

    9. Interest on debts and damages

      1. 69. Power to award interest on debts and damages

    10. Judgments and orders

      1. 70. Finality of judgments and orders

      2. 71. Satisfaction of judgments and orders for payment of money

      3. 72. Set-off in cases of cross judgments in county courts and High Court

      4. 73. Register of judgments and orders

      5. 73A. Provision for register under s.73 to be kept by body under contract to Lord Chancellor

      6. 74. Interest on judgment debts etc

    11. Practice directions

      1. 74A. Practice directions

    12. General rules of procedure

      1. 75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 76. Application of practice of High Court

  4. Part IV

    Appeals etc

    1. Appeals

      1. 77. Appeals: general provisions

      2. 78. Assistance of Trinity masters for Court of Appeal in Admiralty proceedings

      3. 79. Agreement not to appeal

      4. 80. Judge’s note on appeal

      5. 81. Powers of Court of Appeal on appeal from county court

      6. 82. Decision of Court of Appeal on probate appeals to be final

    2. Certiorari and prohibition

      1. 83. Stay of proceedings in case of certiorari or prohibition

      2. 84. Prohibition

  5. Part V

    Enforcement of Judgments and Orders

    1. Execution against goods

      1. 85. Execution of judgments or orders for payment of money

      2. 86. Execution of orders for payment by instalments

      3. 87. Execution to be superseded on payment

      4. 88. Power to stay execution

    2. Seizure and custody of goods etc

      1. 89. Goods which may be seized

      2. 90. Custody of goods seized

      3. 91. Disposal of bills of exchange, etc., seized

      4. 92. Penalty for rescuing goods seized

    3. Sale of goods seized

      1. 93. Period to elapse before sale

      2. 94. Goods not to be sold except by brokers or appraisers

      3. 95. Appoint-ment of brokers, appraisers etc

      4. 96. Power to appoint bailiffs to act as brokers and appraisers

      5. 97. Sales under executions to be public unless otherwise ordered

      6. 98. Protection of registrar selling goods under execution without notice of claim by third party

    4. Claims in respect of goods seized

      1. 99. Effect of warrants of execution

      2. 100. Sale of goods to which claim is made

      3. 101. Interpleader by registrar

      4. 102. Claims for rent where goods seized in execution

    5. Execution out of jurisdiction of court

      1. 103. Execution out of jurisdiction of court

      2. 104. Information as to writs and warrants of execution

    6. Execution in county court of judgments and orders of, or enforceable as judgments and orders of, High Court

      1. 105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. Enforcement in High Court of judgments and orders of county courts

      1. 106.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. Receivers and attachment of debts

      1. 107. Receivers

      2. 108. Attachment of debts

      3. 109. Administrative and clerical expenses of garnishees

    9. Miscellaneous provisions as to enforcement of judgments and orders

      1. 110. Penalty for non-attendance on judgment summons

      2. 111. Provisions as to warrants of possession

  6. Part VI

    Administration Orders

    1. 112. Power to make administration order

    2. 112A. Further powers of the court

    3. 112B. Administration orders with composition provisions

    4. 113. Notice of order and proof of debts

    5. 114. Effect of administration order

    6. 115. Execution by registrar

    7. 116. Right of landlord to distrain notwithstanding order

    8. 117. Appropriation of money paid under order and discharge of order

  7. Part VII

    Committals

    1. 118. Power to commit for contempt

    2. 119. Issue and execution of orders of committal

    3. 120. Prisons to which committals may be made

    4. 121. Power of judge to order discharge

    5. 122. Execution of committal orders out of jurisdiction of court

  8. Part VIII

    Responsibility and Protection of Officers

    1. 123. Registrar to have same responsibilities as sheriff

    2. 124. Liability of bailiff for neglect to levy execution

    3. 125. Irregularity in executing warrants

    4. 126. Actions against bailiffs acting under warrants

    5. 127. Warrants evidence of authority

  9. Part IX

    Miscellaneous and General

    1. Financial Provisions

      1. 128. Fees

      2. 129. Enforcement of fines

      3. 130. Payment and application of fees, fines, etc

      4. 131. Appointment of auditors and other officers

      5. 132. Payment of salaries and expenses

    2. Summonses and other documents

      1. 133. Proof of service of summonses etc

      2. 134.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 135. Penalty for falsely pretending to act under authority of court

      4. 136. Penalty for falsely representing document to have been issued from county court

      5. 137. Lessee to give notice of summons for recovery of land

    3. Forfeiture for non-payment of rent

      1. 138. Provisions as to forfeiture for non-payment of rent

      2. 139. Service of summons and re-entry

      3. 140. Interpretation of sections 138 and 139

    4. Solicitors

      1. 141.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 142. Power to enforce undertakings of solicitors

      3. 143. Prohibition on persons other than solicitors receiving remuneration for business done in county courts

    5. Replevin

      1. 144. Replevin

    6. Power to raise monetary limits

      1. 145. Power to raise monetary limits

    7. General

      1. 146. Lords Commissioners to representLord Chancellorwhen Great Seal in commission

      2. 147. Interpretation

      3. 148. Amendments of other Acts, transitory provisions, transitional provisions savings and repeals

      4. 149. Extent

      5. 150. Commencement

      6. 151. Short title

  10. SCHEDULE 1

    Replevin

  11. SCHEDULE 2

    Amendments of Other Enactments

  12. SCHEDULE 3

    Transitory and Transitional Provisions and Savings

  13. SCHEDULE 4

    Repeals

  14. TABLE OF DERIVATIONS

An Act to consolidate certain enactments relating to county courts.

[26th June 1984]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1Power to modify or exclude conferred by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 40(4)

C2Act (except ss. 9, 10, 13(1)(2), 60(1), 61, 75(7), 147) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch.1

C3By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Commencement Information

I1Act wholly in force on 1. 8. 1984, see s. 150.

Editorial Information

X1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

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