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(1)Subject to the provisions of any enactment limiting the jurisdiction of a county court, whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise, proceedings by the Crown may be instituted in a county court.
(2)Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from a county court to the High Court and the transfer of proceedings in the High Court to a county court shall apply respectively to the removal or transfer of proceedings by the Crown in a county court and to the transfer of proceedings by the Crown in the High Court.
(3)Nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.
F1S. 47 omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(a); S.I. 1998/3132
(1)Where a plaintiff has a demand recoverable under this Act against two or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.
(2)Where judgment is so obtained against any person by virtue of subsection (1) and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.
(1)The bankruptcy of the plaintiff in any action in a county court which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.
(2)The hearing of the action may be adjourned until such an election is made.
(3)Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.
(1)Provision may be made by [F1rules of court] for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.
(2)Any [F1rules of court] which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.
(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F2Civil Procedure Rule Committee] may consider necessary or expedient.
(4)Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make [F1rules of court] relating to costs.
(5)In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party; and any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.
F1Words in s. 50(1)(2)(4) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.
F2Words in s. 50(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)
(1)This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
(2)Subject to subsection (4), as regards any action for damages to which this section applies in which a judgment is given in the county court, provision may be made by [F1rules of court]for enabling the court, in such circumstances as may be prescribed, to award the injured person—
(a)damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
(b)further damages at a future date if he develops the disease or suffers the deterioration.
(3)Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the [F2Civil Procedure Rule Committee]may consider necessary or expedient.
(4)Nothing in this section shall be construed—
(a)as affecting the exercise of any power relating to costs, including any power to make [F1rules of court] relating to costs; or
(b)as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
(5)In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
F1Words in s. 51(2)(4)(a) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.
F2Words in s. 51(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)
(1)On the application of any person in accordance with [F1rules of court], a county court shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—
(a)the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the court, or as to which any question may arise in any such proceedings; and
(b)the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.
(2)On the application, in accordance with [F1rules of court], of a person who appears to a county court to be likely to be a party to subsequent proceedings in that court F2. . . the county court shall, in such circumstances as may be prescribed, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—
(a)to disclose whether those documents are in his possession, custody or power; and
(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—
(i)to the applicant’s legal advisers; or
(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
[F3(3)This section is subject to any provision made under section 38,]
F1Words in s. 52(1)(2) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.
F2Words in s. 52(2) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(b); S.I. 1998/3132
F3S. 52(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 43; S.I. 1991/1364, art. 2, Sch.
C1Power to amend s. 52(2) conferred (27.4.1997) by 1997 c. 12, s. 8(1); S.I. 1997/841, art. 3.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)On the application, in accordance with [F2rules of court], of a party to any proceedings F3. . ., a county court shall, in such circumstances as may be prescribed, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—
(a)to disclose whether those documents are in his possession, custody or power; and
(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—
(i)to the applicant’s legal advisers; or
(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
(3)On the application, in accordance with [F2rules of court], of a party to any proceedings F3. . ., a county court shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—
(a)the inspection, photographing, preservation, custody and detention of property which is not the propery of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
(b)the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(4)The preceding provisions of this section are without prejudice to the exercise by a county court of any power to make orders which is exercisable apart from those provisions.
[F4(5)This section is subject to any provision made under section 38,]
F1S. 53(1) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(c)(i); S.I. 1998/3132
F2Words in s. 53(2)(3) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.
F3Words in s. 53(2)(3) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(c)(ii); S.I. 1998/3132
F4S. 53(5) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 44; S.I. 1991/1364, art. 2, Sch.
(1)A county court shall not make an order under section 52 or 53 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(2)[F1Rules of court] may make provision as to the circumstances in which an order under section 52 or 53 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the [F2Civil Procedure Rule Committee] may consider necessary or expedient.
(3)Without prejudice to the generality of subsection (2), [F1rules of court] shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 52(2) or 53 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.
(4)Sections 52(2) and 53 and this section bind the Crown; and section 52(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.
In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.
(5)In sections 52 and 53 and this section—
“property” includes any land, chattel or other corporeal property of any description;
“personal injuries”includes any disease and any impairment of a person’s physical or mental condition.
[F3(6)This section is subject to any provision made under section 38,]
F1Words in s. 54(2)(3) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.
F2Words in s. 54(2) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(3); S.I. 1999/1009, art. 3(f)
F3S. 54(6) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 45; S.I. 1991/1364, art. 2, Sch.
(1)Subject to subsections (2) and (3), any person who—
(a)having been summoned in pursuance of [F1rules of court] as a witness in a county court refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b)having been so summoned or being present in court and being required to give evidence, refuses to be sworn or give evidence,
shall forfeit such fine as the judge may direct.
(2)A judge shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding [F2£1,000].
(3)No person summoned in pursuance of [F1rules of court] as a witness in a county court shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.
(4)The judge may at his discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.
[F3(4A)A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge.]
(5)This section does not apply to a debtor summoned to attend by a judgment summons.
F1Words in s. 55 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2), S.I. 1997/841, art. 3(b), 4(c)
F2Words in s. 55(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. I (with s. 28); S.I. 1992/333, art. 2, Sch. 2
F3S. 55(4A) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 74(5); S.I. 1991/1364, art. 2, Sch.
C1S. 55 modified (25.4.2000) by 1999 c. 17, ss. 3(5), 4(6), 5(12), Sch. 3 Pt.IV para. 23(2) (with s. 15); S.I. 2000/880, art. 2, Sch. 2
S. 55 extended (14.2.2000) by S.I. 2000/124, reg. 30(4)(b)
C2Power to amend s. 55(2) conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(3), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt.IV (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)
The High Court shall have the same power to issue a commission, request or order to examine witnesses abroad for the purpose of proceedings in a county court as it has for the purpose of an action or matter in the High Court.
(1)Subject to subsection (2), in any proceedings pending before a county court, the judge may, if he thinks fit, upon application on affidavit by any party, issue an order under his hand for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings.
(2)No such order shall be made with respect to a person confined under process in any civil action or matter.
(3)Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.
(4)The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court.
(1)An affidavit to be used in a county court may be sworn before—
(a)the judge or registrar of any court; or
(b)any justice of the peace; or
(c)an officer of any court appointed by the judge of that court for the purpose,
as well as before [F1a commissioner for oaths or any other person]authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 . . . F2.
(2)An affidavit sworn before a judge or registrar or before any such officer may be sworn without the payment of any fee.
F1Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1), Sch. 7 para. 8(a)
F2Words repealed by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1)(2), Sch. 7 para. 8(b), Sch. 8 Pt.II
(1)In any Admiralty proceedings, evidence taken before a registrar of an Admiralty county court, in accordance with the directions of a judge or pursuant to [F1rules of court], may be received as evidence in any other Admiralty county court.
(2)The registrar of any Admiralty county court shall, for the purpose of the examination of any witness within the district assigned to that court for Admiralty purposes, have all the power of an examiner of the High Court, and evidence taken by him in that capacity may be received as evidence in the High Court.
F1Words in s. 59 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)Where an action is brought in a county court by a local authority for either or both of the following—
(a)the recovery of possession of a house belonging to the authority;
(b)the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house,
then, in so far as the proceedings in the action are heard by the registrar, any officer of the authority authorised by the authority in that behalf, . . . F2 may address the registrar . . . F2.
(3)In this section—
“local authority” means a county council, . . . F3 a district council [F4the Broads Authority], [F5any National Park authority,]a London borough council [F6, a police authority established under [F7section 3 of thePolice Act 1996]] , [F8the Metropolitan Police Authority]F9. . . [F10 [F11the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985.][F12the London Fire and Emergency Planning Authority,]or the Common Council of the City of London; and
“house” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,
and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.
F1S. 60(1) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
F2Words repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F4Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 24
F5Words in s. 60(3) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 23 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1).
F6Words in s. 60(3) inserted (1.10.1994 for certain purposes only and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 43, Sch. 4 Pt.II para. 57; S.I. 1994/2025, art. 6(1); S.I. 1994/3262, art. 4, Sch.
F7Words in s. 60(3) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 1(1)(2)(u).
F8Words in definition of “local authority” in s. 60(3) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 49 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F9S. 60(3): words in definition of "local Authority" repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 para. 66, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m)
F10Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 63
F11Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F12Words in definition of “local authority” in s. 60(3) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 para. 38 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)
C1S. 60 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(l)
C2S. 60 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(k) (with s. 54, Sch. 17 paras. 22(1), 23(2)).
C3S. 60(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(w)
County Courts Act 1984