Office of Public Sector Information
PART III continued
(1)The Lord Chancellor may at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in a county court, or in proceedings in a county court of such description as may be so specified.
(2)In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F1legal representative]whether in private practice or not.
(3)A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects every county court or as respects a specified county court or as respects one or more specified places where a county court sits.
(4)The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.
F1Words in s. 61(2) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(2); S.I. 1991/608, art. 2, Sch.
Subject to the provisions of this Act and of [F1rules of court], the judge of a county court shall be the sole judge in all proceedings brought in the court, and shall determine all questions of fact as well as of law.
F1Words in s. 62 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)In any proceedings the judge may, if he thinks fit F1. . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the judge and act as assessors.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsection (4), the remuneration of assessors for sitting under this section shall be [F3determined by the judge] and shall be costs in the proceedings unless otherwise ordered by the judge.
(4)Where one or more assessors are summonedfor the purposes of [F4assisting the judge in reviewing the taxation by the district judge of the costs of any proceedings] the remuneration of any such assessor—
(a)shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury; and
(b)shall be payable out of moneys provided by Parliament.
(5)Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.
F1Words in s. 63(1) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(i); S.I. 1998/3132
F2S. 63(2) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(ii); S.I. 1998/3132
F3Words in s. 63(3) substituted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(d)(iii); S.I. 1998/3132
F4Words in s. 63(4) substituted (26.4.1999) by S.I. 1999/2940, arts. 1, 6(d)(iv); S.I. 1998/3132
C1S. 63(1) modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 10, Sch. 2 paras. 5(6), 15
(1)[F1Rules of court]—
(a)may prescribe cases in which proceedings are (without any order of the court) to be referred to arbitration, and
(b)may prescribe the manner in which and the terms on which cases are to be so referred, and
(c)may, where cases are so referred, require other matters within the jurisdiction of the court in dispute between the parties also to be referred to arbitration.
(2)[F1Rules of court]—
(a)may prescribe cases in which proceedings may be referred to arbitration by order of the court, and
(b)may authorise the court also to order other matters in dispute between the parties and within the jurisdiction of the court to be so referred.
[F2(2A)[F1Rules of court] may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).
(2B)Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.]
(3)On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the judge.
(4)The judge may, if he thinks fit, on application made to him within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.
(5)In this section “award” includes an interim award.
F1Words in s. 64 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
F2S. 64(2A),(2B) added by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 6
(1)Subject to [F1rules of court], the judge may refer to the registrar or a referee for inquiry and report—
(a)any proceedings which require any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the judge, conveniently be made before him;
(b)any proceedings where the question in dispute consists wholly or in part of matters of account;
(c)with the consent of the parties, any other proceedings;
(d)subject to any right to have particular cases tried with a jury, any question arising in any proceedings.
(2)In such cases as may be prescribed by, and subject to, [F1rules of court] the registrar may refer to a referee for inquiry and report any question arising in any proceedings.
(3)Where any proceedings or question are referred under subsection (1) or (2), the judge or, as the case may be, the registrar may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.
(4)The judge may, after deciding or reserving any question of liability, refer to the registrar any mere matter of account which is in dispute between the parties and, after deciding the question of liability, may give judgment on the registrar’s report.
F1Words in s. 65 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)In the following proceedings in a county court the trial shall be without a jury—
(a)Admiralty proceedings;
(b)proceedings arising—
(i)under Part I, II or III of the Rent (Agriculture) M1Act 1976, or
(ii)under any provision of the M2Rent Act 1977 other than a provision contained in Part V, sections 103 to 106 or Part IX, or
(iii)under Part I of the M3Protection from Eviction Act 1977; [F1or
(iv)under Part I of the Housing Act 1988]
(c)any appeal to the county court under [F2the Housing Act 1985].
(2)In all other proceedings in a county court the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.
(3)Where, on any such application, the court is satisfied that there is in issue—
(a)a charge of fraud against the party making the application; or
(b)a claim in respect of libel, slander, malicious prosecution or false imprisonment; or
(c)any question or issue of a kind prescribed for the purposes of this paragraph,
the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.
(4)There shall be payable, in respect of the trial with a jury of proceedings in a county court, such fees as may be prescribed by the fees orders.
F1S. 66(1)(b)(iv) inserted by Housing Act 1988 (c. 50, SIF 61:1), s. 140, Sch. 17 para. 35(1)
F2Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 57(2)
M11976 c. 80.
M21977 c. 42.
M31977 c. 43.
At any county court where proceedings are to be tried with a jury, eight jurymen shall be impanelled and sworn as occasion requires to give their verdicts in the proceedings brought before them, and being once sworn need not be re-sworn in each trial.
Where, for the purpose of disposing of any proceedings which are being tried in a county court by the judge with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.
(1)Subject to [F1rules of court], in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a)in the case of any sum paid before judgment, the date of the payment; and
(b)in the case of the sum for which judgment is given, the date of the judgment.
(2)In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
(a)with the substitution of “shall be included” for “may be included”; and
(b)with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.
(3)Subject to [F1rules of court], where—
(a)there are proceedings (whenever instituted) before a county court for the recovery of a debt; and
(b)the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5)Interest under this section may be calculated at different rates in respect of different periods.
(6)In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
(7)Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
[F2(8)In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.]
F1Words in s. 69 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
F2S. 69(8) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 46; S.I. 1991/1364, art. 2, Sch.
Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.
(1)Where a judgment is given or an order is made by a county court under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—
(a)in one sum, whether forthwith or within such period as the court may fix; or
(b)by such instalments payable at such times as the court may fix.
(2)If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.
(1)Where one person has obtained a judgment or order in a county court against another person, and that other person has obtained a judgment or order against the first-mentioned person in the same or in another county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.
(2)Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.
(3)Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.
[F1(1)A register of every–
(a)judgment entered in a county court;
(b)administration order made under section 112; and
(c)order restricting enforcement made under section 112A, shall be kept in such manner and in such place as may be prescribed.]
(2)The Lord Chancellor may, by statutory instrument, make regulations as to the keeping of the register, and in this section “prescribed” means prescribed by those regulations.
[F2(3)Regulations under this section may–
(a)prescribe circumstances in which judgments [F3or orders] are to be exempt from registration or in which the registration of any judgment [F4or order] is to be cancelled;
(b)provide for any specified class of judgments [F5or orders]to be exempt from registration.]
(4)Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F6(5)The Lord Chancellor may, with the concurrence of the Treasury, fix the fees to be paid in respect of–
(a)the making of any information contained in an entry in the register available for inspection in visible and legible form;
(b)the carrying out of any official search of the register;
(c)the supply of a certified copy of any information contained in an entry in the register.]
(6)The proceeds of the fees shall be applied in such manner as the Treasury may direct in paying the expenses incurred in maintaining the register, and any surplus, after providing for the payment of those expenses, shall be paid to the credit of the Consolidated Fund.
F1S. 73(1) substituted (14.10.1991) by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(2); S.I. 1991/1883, art.3, Sch.
F2S. 73(3) substituted by Administration of Justice Act 1985 (c.61, SIF 34), s. 54(3)
F3Words in s. 73(3)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(a)(i); S.I. 1991/1883, art.3, Sch.
F4Words in s. 73(3)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(a)(ii); S.I. 1991/1883, art.3, Sch.
F5Words in s. 73(3)(b) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 14(3)(b); S.I. 1991/1883, art.3, Sch.
F6S. 73(5) substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 54(4)
C1S. 73 extended (4.9.1995) by 1991 c. 48, s. 33(5) (as inserted by 1995 c. 34, s. 30(5), Sch. 3 para.10); S.I. 1995/2302, art. 2(1)
(1)If—
(a)there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register under section 73 (“the register”); and
(b)provision is made by regulations under that section for the register to be kept in accordance with such an agreement,
the register shall be kept by that body corporate.
(2)Where the register is kept by a body corporate in pursuance of subsection (1)–
(a)the Lord Chancellor may recover from that body any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register;
(b)subsection (5) of section 73 shall have effect as if the words “maximum amounts in relation to” were inserted after the word “fix”; and
(c)subsection (6) of that section shall not apply.
(3)Where subsection (1) of this section ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement in question, the Lord Chancellor may require the information for the time being contained in the entries in the register to be transferred to such person as he may direct.]
F1S. 73A inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 54(5)
(1)The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.
(2)The sums to which subsection (1) applies are—
(a)sums payable under judgments or orders given or made in a county court, including sums payable by instalments; and
(b)sums which by virtue of any enactment are, if the county court so orders, recoverable as if payable under an order of that court, and in respect of which the county court has so ordered.
(3)The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.
(4)The power conferred by subsection (1) includes power—
(a)to specify the descriptions of judgment or order in respect of which interest shall be payable;
(b)to provide that interest shall be payable only on sums exceeding a specified amount;
(c)to make provision for the manner in which and the periods by reference to which the interest is to be calculated and paid;
(d)to provide that any enactment shall or shall not apply in relation to interest payable under subsection (1) or shall apply to it with such modifications as may be specified in the order; and
(e)to make such incidental or supplementary provisions as the Lord Chancellor considers appropriate.
(5)Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M1Judgments Act 1838 as that enactment has effect from time to time.
[ F1(5A)The power conferred by subsection (1) includes power to make provision enabling a county court to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).]
(6)The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
F1S. 74(5A) inserted (1.11.1996) by 1995 c. 42, s.2; S.I. 1996/2515, art.2
C1S. 74: power to exclude conferred (26.4.1999) by S.I. 1998/3132, rule 47.8(3)(ii), 47.14(5)(ii)
M11838 c. 110.
F1S. 74A and crossheading inserted (27.4.1997) by 1997 c. 12, s. 5(2); S.I. 1997/841, art. 3(a)
(1)Directions as to the practice and procedure of county courts may be made by the Lord Chancellor.
(2)Directions as to the practice and procedure of county courts may not be made by any other person without the approval of the Lord Chancellor.
(3)The power of the Lord Chancellor to make directions under subsection (1) includes power—
(a)to vary or revoke directions made by him or any other person, and
(b)to make different provision for different cases or different areas, including different provision—
(i)for a specific court, or
(ii)for specific proceedings, or a specific jurisdiction,
specified in the directions.
(4)References in this section to the Lord Chancellor include any person authorised by him to act on his behalf.]
F1S. 74A and crossheading inserted (27.4.1997) by 1997 c. 12, s. 5(2); S.I. 1997/841, art. 3(a)
County Courts Act 1984