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Part II Jurisdiction and Transfer of Proceedings

Actions of contract and tort

15 General jurisdiction in actions of contract and tort

(1)Subject to subsection (2), a county court shall have jurisdiction to hear and determine any action founded on contract or tort F1 . . ..

(2)A county court shall not, except as in this Act provided, have jurisdiction to hear and determine—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any action in which the title to F3 . . . any toll, fair, market or franchise is in question; or

(c)any action for libel of slander.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 Money recoverable by statute

A county court shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—

(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F1 . . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 Abandonment of part of claim to give court jurisdiction

(1)Where a plaintiff has a cause of action for more than the county court limit in which, if it were not for more than the county court limit, a county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon a county court shall have jurisdiction to hear and determine the action, but the plaintiff shall not recover in the action an amount exceeding the county court limit.

(2)Where the court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

18 Jurisdiction by agreement in certain actions

If the parties to any action, other than an action which, if commenced in the High Court, would have been assigned to the Chancery Division or to the Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction, agree, by a memorandum signed by them or by their respective [F1legal representatives], that a county court specified in the memorandum shall have jurisdiction in the action, that court shall have jurisdiction to hear and determine the action accordingly.

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of land and cases where title in question

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

(1)A county court shall have jurisdiction to hear and determine any action for the recovery of land F1 . . ..

(2)A county court shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F2 . . .

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if a county court has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than a county court shall have jurisdiction to hear and determine that action.

(4)Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

• “dwelling-house” includes any building or part of a building which is used as a dwelling;

• “mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;

• “mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

(8)The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.

(9)This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M1Consumer Credit Act 1974.

F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equity proceedings

23 Equity jurisdiction

A county court shall have all the jurisdiction of the High Court to hear and determine—

(a)proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit;

(b)proceedings—

(i)for the execution of any trust, or

(ii)for a declaration that a trust subsists, or

(iii)under section 1 of the M1Variation of Trusts Act 1958,

where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit;

(c)proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the county court limit;

(d)proceedings for the specific performance, or for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money, or in the case of a lease, the value of the property, does not exceed the county court limit;

(e)proceedings relating to the maintenance or advancement of a minor, where the property of the minor does not exceed in amount or value the county court limit;

(f)proceedings for the dissolution or winding-up of any partnership (whether or not the existence of the partnerships is in dispute), where the whole assets of the partnership do not exceed in amount or value the county court limit;

(g)proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

24 Jurisdiction by agreement in certain equity proceedings

(1)If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective [F1legal representatives] or agents, that a county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

(2)Subject to subsection (3), this section applies to any proceedings in which a county court would have jurisdiction by virtue of—

(a)section 113(3) of the M1Settled Land Act 1925,

(b)section 63A of the M2Trustee Act 1925,

(c)sections 3(7), F2 . . .49(4), 66(4), 89(7), 90(3), 91(8), 92(2), 136(3), F2 . . .181(2), 188(2) of, and paragraph 3A of Part III and paragraph 1(3A) and (4A) of Part IV of Schedule 1 to, the M3Law of Property Act 1925,

(d)sections 17(2), 38(4), 41(1A), and 43(4) of the M4Administration of Estates Act 1925,

(e)section 6(1) of the M5Leasehold Property (Repairs) Act 1938,

(f)sections 1(6A) and 5(11) of the M6Land Charges Act 1972, and

(g)sections 23 and 25 of this Act,

but for the limits of the jurisdiction of the court provided in those enactments.

(3)This section does not apply to proceedings under section 1 of the M7Variation of Trusts Act 1958.

Family provision proceedings

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

A county court shall have jurisdiction to hear and determine any application for an order under section 2 of the M1Inheritance (Provision for Family and Dependants) Act 1975 (including any application for permission to apply for such an order and any application made, in the proceedings on an application for such an order, for an order under any other provision of that Act) F1 . . ..

Admiralty proceedings

26 Districts for Admiralty purposes

(1)If at any time it appears expedient to the Lord Chancellor that any county court should have Admiralty jurisdiction, it shall be lawful for him, by order—

(a)to appoint that court to have, as from such date as may be specified in the order, such Admiralty jurisdiction as is provided in this Act; and

(b)to assign to that court as its district for Admiralty purposes any part or parts of any county court district or of two or more county court districts.

(2)Where a district has been so assigned to a court as its district for Admiralty purposes, the parts of the sea (if any) adjacent to that district to a distance of 3 miles from the shore thereof shall be deemed to be included in that district, and the judge and all officers of the court shall have jurisdiction and authority for those purposes throughout that district as if it were the district for the court for all purposes.

(3)Where an order is made under this section for the discontinuance of the Admiralty jurisdiction of any county court, whether wholly or within a part of the district assigned to it for Admiralty purposes, provision may be made in the order with respect to any Admiralty proceedings commenced in that court before the order comes into operation.

(4)The power to make orders under this section shall be exercisable by statutory instrument.

27 Admiralty jurisdiction

(1)Subject to the limitations of amount specified in subsection (2), an Admiralty county court shall have the following Admiralty jurisdiction, that is to say, jurisdiction to hear and determine—

(a)any claim for damage received by a ship;

(b)any claim for damage done by a ship;

(c)any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act neglect or default of—

(i)the owners, charterers or persons in possession or control of a ship; or

(ii)the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(d)any claim for loss of or damage to goods carried in a ship;

(e)any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

[ F1(f)any claim—

(i)under the Salvage Convention 1989;

(ii)under any contract for or in relation to salvage services; or

(iii)in the nature of salvage not falling within (i) or (ii) above;

or any corresponding claim in connection with an aircraft;]

(g)any claim in the nature of towage in respect of a ship or an aircraft;

(h)any claim in the nature of pilotage in respect of a ship or an aircraft;

(j)any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

(k)any claim in respect of the construction, repair or equipment of a ship or dock charges or dues;

(l)any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);

(m)any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship.

(2)The limitations of amount referred to in subsection (1) are that the court shall not have jurisdiction to hear and determine—

(a)a claim [F2falling within paragraph (f) of that subsection] where the value of the property saved exceeds £15,000; or

(b)any other claim mentioned in that subsection for an amount exceeding £5,000.

[ F3(3)In subsection (1)(f)—

(a)the “Salvage Convention 1989” means the International Convention on Salvage, 1989 as it has effect under [F4section 224 of the Merchant Shipping Act 1995];

(b)the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services;

(c)the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (f) which is available under section 87 of the Civil Aviation Act 1982.]

(4)Subject to subsection (5), subsections (1) to (3) apply—

(a)in relation to all ships or aircraft whether British or not and whether registered or not and wherever the residence or domicile of their owners may be, and

(b)in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land).

(5)Nothing in subsection (4) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the [F5Merchant Shipping Acts 1995].

(6)If, as regards any proceedings as to any such claim as is mentioned in subsection (1), the parties agree, by a memorandum signed by them or by their respective [F6legal representatives] or agents, that a particular county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in subsection (2) or in [F7rules of court] for prescribing the courts in which proceedings shall be brought, have jurisdiction to hear and determine the proceedings accordingly.

(7)Nothing in this section shall be taken to affect the jurisdiction of any county court to hear and determine any proceedings in which it has jurisdiction by virtue of section 15 or 17.

(8)Nothing in this section, or in section 26 or in any order made under that section, shall be taken to confer on a county court the jurisdiction of a prize court within the meaning of the Naval Prize Acts 1864 to 1916.

(9)No county court shall have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in a county court shall be set aside.

(10)In subsection (9) “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention.

F8(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Mode of exercise of Admiralty jurisdiction

(1)The following provisions of this section shall apply to cases within the Admiralty jurisdiction of a county court.

(2)Subject to the following provisions of this Part of this Act, an action in personam may be brought in all such cases.

(3)In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in a county court against that ship, aircraft or property.

(4)In the case of any such claim as is mentioned in paragraphs (b) to (m) of section 27(1), where—

(a)the claim arises in connection with a ship; and

(b)the person who would be liable on the claim in an action in personam (“the relevant person”) was, when the cause of action arose, the owner or charterer of, or in possession of or in control of, the ship,

an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in a county court against—

(i)that ship if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or

(ii)any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it.

(5)In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in a county court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.

(6)Where, in the exercise of its Admiralty jurisdiction, a county court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.

(7)In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales.

(8)Where, as regards any such claim as is mentioned in section 27(1)(b) to (m), a ship has been served with a summons or arrested in an action in rem brought to enforce that claim, no other ship may be served with a summons or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a summons naming more than one ship or of two or more summonses each naming a different ship.

(9)A county court may issue a warrant for the arrest and detention of any vessel, aircraft or property to which an action in rem brought in the court relates unless or until bail to the amount of the claim made in the action and the reasonable costs of the plaintiff in the action be entered into and perfected by or on behalf of the defendant.

(10)Except as provided by subsection (9), no vessel, aircraft or property shall be arrested or detained in Admiralty proceedings in a county court otherwise than in execution.

(11)Where—

(a)a vessel, aircraft or other property would or might be sold under an execution to enforce a judgment or order given or made by a county court in Admiralty proceedings; and

(b)the owner of the vessel, aircraft or property desires that the sale should be conducted in the High Court instead of in the county court,

he shall be entitled, on giving security for costs, and subject to such other provisions as may be prescribed, to obtain an order of the county court for transfer of the proceedings for sale, with or without (as the judge of the county court thinks fit) the transfer of any subsequent proceedings to the High Court.

(12)On an appeal by a party to any Admiralty proceedings, the Court of Appeal, if it appears to it expedient that any sale ordered to be made of the vessel, aircraft or other property to which the proceedings relate should be conducted in the High Court instead of in the county court, may direct the transfer of the proceedings for sale, with or without the transfer of the subsequent proceedings, to the High Court.

(13)Where an action is transferred to a county court under section 40, any vessel, aircraft or other property which has been arrested in the action before the transfer shall, notwithstanding the transfer, remain in the custody of the Admiralty Marshal who shall, subject to any directions of the High Court, comply with any orders, made by the county court with respect to that vessel, aircraft or property.