Office of Public Sector Information
PART II continued
F1S. 29 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.
(1)The claims to which this section applies are claims for damage, loss of life or personal injury arising—
(a)out of a collision between ships;
(b)out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or
(c)out of the non-compliance, on the part of one or more of two or more ships [F1with safety regulations under section 85 of the Merchant Shipping Act 1995]
(2)No county court shall entertain an action in personam to enforce a claim to which this section applies unless—
(a)the defendant has his habitual residence or a place of business within England and Wales; or
(b)the cause of action arose within inland waters of England and Wales or within the limits of a port of England and Wales; or
(c)an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.
(3)In subsection (2)—
“inland waters” includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; and
“port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities in it, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;
“charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
(4)No county court shall entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.
(5)Subsections (1) to (4) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counterclaim and the defendant to the counterclaim.
(6)Subsections (1) to (5) shall not apply to any action or counterclaim if the defendant submits or has agreed to submit to the jurisdiction of the court.
(7)Nothing in this section shall prevent an action or counterclaim which is brought in accordance with the provisions of this section in a county court being transferred, in accordance with the enactments in that behalf, to some other court (whether a county court or not).
(8)This section applies in relation to the jurisdiction of any county court not being Admiralty jurisdiction, as well as in relation to its Admiralty jurisdiction, if any.
F1Words in s. 30(1)(c) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 72(3)
(1)In the provisions of this Part of this Act relating to Admiralty proceedings, unless the context otherwise requires,—
“goods” includes baggage;
“master” has the same meaning as in the [F1Merchant Shipping Act 1995], and accordingly includes every person (except a pilot) having command or charge of a ship;
“towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne.
(2)Nothing in those provisions shall—
(a)be construed as limiting the jurisdiction of a county court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a British ship;
(b)affect section [F2226 of the Merchant Shipping Act 1995] (power of receiver of wreck to detain a ship in respect of a salvage claim);
(c)authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.
(3)In subsection (2) “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the M1Crown Proceedings Act 1947.
F1Words in s. 31(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 72(4)(a)
F2Words in s. 31(2)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 72(4)(b)
M11947 c. 44.
(1)Where—
(a)an application for the grant or revocation of probate or administration has been made through the principal registry of the Family Division or a district probate registry under section 105 of the M1 Supreme Court Act 1981; and
(b)it is shown to the satisfaction of a county court that the value at the date of the death of the deceased of his net estate does not exceed the county court limit,
the county court shall have the jurisdiction of the High Court in respect of any contentious matter arising in connection with the grant or revocation.
(2)In subsection (1) “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property he was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.]
F1S. 32 substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 51(1)
M11981 c.54 (37)
Where an order is made by . . . F1a county court for the grant or revocation of probate or administration, in pursuance of any jurisdiction conferred upon [F2the court]by section 32—
(a)the registrar of the county court shall transmit to the principal registry of the Family Division or a district probate registry, as he thinks convenient, a certificate under the seal of the court certifying that the order has been made; and
(b)on the application of a party in favour of whom the order has been made, probate or administration in compliance with the order shall be issued from the registry to which the certificate was sent or, as the case may require, the probate or letters of administration previously granted shall be recalled or varied by, as the case may be, a registrar of the principal registry of the Family Division or the district probate registrar according to the effect of the order.
F1Words repealed by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1)(2), Sch. 7 para. 7(a), Sch. 8 Pt.III
F2Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1), Sch. 7 para. 7(b)
F1S. 34 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch.
It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.
No action shall be brought in a county court on any judgment of the High Court.
(1)Any jurisdiction and powers conferred by this or any other Act—
(a)on a county court; or
(b)on the judge of a county court,
may be exercised by any judge of the court.
(2)Subsection (1) applies to jurisdiction and powers conferred on all county courts or judges of county courts or on any particular county court or the judge of any particular county court.
(1)Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the the High Court if the proceedings were in the High Court.
(2)Any order made by a county court may be –
(a)absolute or conditional;
(b)final or interlocutory.
(3)A county court shall not have power –
(a)to order mandamus, certiorari or prohibition; or
(b)to make any order of a prescribed kind.
(4)Regulations under subsection (3) –
(a)may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;
(b)may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;
(c)may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and
(d)may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.
(5)In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section.
(6)The power to make regulations under this section shall be exercised by statutory instrument.
(7)No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.]
F1S. 38 commencing "Subject to what follows" substituted (1.7.1991) for s. 38 commencing "Every county court" and s. 39 by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 3
(1)Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall–
(a)order the transfer of the proceedings to a county court; or
(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
(2)Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court.
(3)An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.
(4)Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned.
(5)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
(6)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section–
(a)the judgment or order may be enforced as if it were a judgment or order of a county court; and
(b)subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.
(7)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—
(a)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
(b)the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply.
(8)The provisions referred to in subsection (1) are any made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.
(9)This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.]
F1S. 40 substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(1); S.I. 1991/1364, art. 2,Sch.
C1S. 40(2) restricted by S.I. 1991/724, art. 7(5)
(1)If at any stage in proceedings commenced in a county court or transferred to a county court under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.
(2)The power conferred by subsection (1) is without prejudice to section 29 of the M1Supreme Court Act 1981 (power of High Court to issue prerogative orders) [F1but shall be exercised in relation to family proceedings (within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984) in accordance with any directions given under section 37 of that Act (directions as to distribution and transfer of family business and proceedings).]
[F2(3)The power conferred by subsection (1) shall be exercised subject to any provision made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.]
F1Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 30
F2S. 41(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(2); S.I. 1991/1364, art. 2, Sch.
C1S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)
C2S. 41(1) restricted by S.I. 1991/724, art. 7(5)
M11981 c. 54.
(1)Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall–
(a)order the transfer of the proceedings to the High Court; or
(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
(2)Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court.
(3)An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.
(4)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
(5)Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section–
(a)the judgment or order may be enforced as if it were a judgment or order of the High Court; and
(b)subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.
(6)Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section—
(a)the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
(b)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.
(7)The provisions referred to in subsection (1) are any made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.
(8)This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.]
F1S. 42 substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(3); S.I. 1991/1364, art. 2,Sch.
C1S. 42(2) restricted by S.I. 1991/724, art. 7(5)
F1S. 43 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch.
F1S. 44 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch.
(1)Where an action, counterclaim or matter is ordered to be transferred—
(a)from the High Court to a county court; or
(b)from a county court to the High Court; or
(c)from one county court to another county court,
the costs of the whole proceedings both before and after the transfer shall, subject to any order of the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred; and that court shall have power to make orders with respect to the costs F1. . ., and the costs of the whole proceedings shall be taxed in that court.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in s. 45(1) repealed (1.6.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1992/1221, art. 2,Sch.
F2S. 45(2) repealed (1.6.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1992/1221, art. 2,Sch.
C1S. 45 excluded by S.I. 1988/1328, rule 23
County Courts Act 1984