OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as–

(a)

to extend automatic directions for trial to all default and fixed date actions (apart from specified classes of proceedings including small claims and actions for the recovery of land) and to make some adjustments to the automatic directions themselves (including a provision whereby an action is struck out automatically if no request is made for a hearing within a specified time limit) (rules 2 to 17);

(b)

to improve the drafting of the provision modifying references to rateable values of domestic property as a result of the introduction of the community charge (rules 18 and 19);

(c)

to provide for originating process in claims against constructive trustees to be served out of England and Wales and to make a minor adjustment consequen tial on an earlier rule change to the interpretation provisions for service abroad (rules 20 and 21);

(d)

to give effect to section 22 of, and Schedule 4 to, the Social Security Act 1989 (recovery of social security benefits from tortfeasors) (rules 22 to 24);

(e)

to make new arrangements for trials by requiring the provision of a bundle of relevant documents for the use of the court and by enabling judges to give directions as to speeches (rules 25 to 27);

(f)

to amend the small claims arbitration procedure to allow registrars to rescind references to arbitration of their own motion and to clarify the position as to defences and counterclaims and the recovery of costs (rules 28 to 34).