Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The County Court Remedies Regulations 1991, ISBN 0110142225. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
STATUTORY INSTRUMENTS
1991No. 1222 (L.8)
COUNTY COURTS
The County Court Remedies Regulations 1991
Made
21st May 1991
Coming into force
1st July 1991
The Lord Chancellor, in exercise of the powers conferred on him by
section 38 of the County Courts Act 1984[1]
, hereby makes the following Regulations a draft of which
has, in accordance with section 38(7) of that Act, been laid before and
approved by resolution of each House of Parliament:—
1. These Regulations may be cited as the County Court Remedies
Regulations 1991 and shall come into force on 1st July 1991.
2. In these Regulations,"prescribed relief"
means relief of any of the following kinds—
(a) an order requiring a party to admit any other party to premises for
the purpose of inspecting or removing documents or articles which may
provide evidence in any proceedings, whether or not the proceedings have
been commenced;
(b) an interlocutory injunction—
(i) restraining a party from removing from the jurisdiction of the High
Court assets located within that jurisdiction; or
(ii) restraining a party from dealing with assets whether located within
the jurisdiction of the High Court or not.
3.—(1) Subject to the following provisions of this regulation, a county
court shall not grant prescribed relief or vary or revoke an order made
by the High Court granting such relief.
(2) Paragraph (1) shall not apply to—
(a) any county court held by a judge of the Court of Appeal or judge of
the High Court sitting as a judge for any county court district;
(b) a patents county court held by a person nominated under section 291
of the Copyright, Designs and Patents Act 1988[2]
to sit as a judge of that court.
(3) A county court may grant relief of a kind referred to in regulation
2(b)—
(a) when exercising jurisdiction in family proceedings within the
meaning of Part V of the Matrimonial and Family Proceedings Act 1984[3]
;
(b) for the purpose of making an order for the preservation, custody or
detention of property which forms or may form the subject matter of
proceedings, or
(c) in aid of execution of a judgment or order made in proceedings in a
county court to preserve assets until execution can be levied upon them.
4 Paragraph (1) shalll not—
(a) affect or modify powers expressly conferred on a county court by or
under any enactment other than section 38 of the County Courts Act 1984;
or
(b) prevent a county court from varying an order granting prescribed
relief where all the parties are agreed on the terms of the variation.
4. An application to the High Court for relief of a kind referred to in
regulation 2(a) in county court proceedings shall be deemed to include
an application for transfer of the proceedings to the High Court.
5.—(1) After an application for prescribed relief has been disposed of by
the High Court, the proceedings shall, unless the High Court orders
otherwise, be transferred to a county court if—
(a) they were transferred to the High Court; or
(b) apart from these Regulations, they should have been commenced in a
county court.
(2) Where an order is made on an ex parte application, the application
shall not be treated as disposed of for the purposes of paragraph (1)
until any application to set aside or vary the order has been heard, or
until the expiry of 28 days (or such other period as the Court may
specify) during which no such application has been made.
These Regulations prohibit county courts from granting—
(a) an order allowing one party to search premises for the purpose of
obtaining evidence in proceedings (an"Anton Piller"
order);
(b) an interlocutory injunction preventing a party from either removing
assets out of the jurisdiction of the High Court or dealing with assets
whether within the jurisdiction of the High Court or outside that
jurisdiction (a"Mareva"
injunction);
except in specified circumstances (regulations 2 and 3).
The High Court and County Courts Jurisdiction Order 1991 (S.I.
1991/724) gives the High Court jurisdiction to grant an injunction in or
in anticipation of county court proceedings where the county court has
no jurisdiction to do so and applications for Mareva injunctions should
be made to the High Court. These Regulations provide that the
application to the High Court for an Anton Piller order shall be deemed
to include an application for transfer of the proceedings (regulation
4). Where the proceedings (and not just the application) are transferred
to the High Court, the Regulations provide for transfer back again once
the application has been dealt with (regulation 5).