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The County Court (Amendment No. 4)Rules 1995

S.I. 1995/3277 · Made 18 December 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COUNTY COURTS

PROCEDURE

Made 18th December 1995

Coming into force as to all provisions

except Rule 5 29th January 1996

Rule 5 8th January 1996

Contents

  1. 1Article 1
  2. 2Small claims
  3. 3Small claims
  4. 4Small claims
  5. 5The County Court (Amendment No. 3) Rules 1995
  6. Signature
  7. Explanatory note

1

(1)

These Rules may be cited as the County Court (Amendment No. 4) Rules 1995.

(2)

In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 1981f1.

2Small claims

After Order 19, rule 4(2)(a) there shall be inserted the following—

“(aa)

in proceedings which include a claim for an injunction or for an order for specific performance or similar relief, a sum not exceeding £260 in respect of the cost of legal advice obtained for the purpose of bringing or defending that claim.”.

3Small claims

Order 19, rule 4(3)(c) shall be amended by substituting, for the sum “£112.50”, the sum “£200”.

4Small claims

Order 19, rule 8(2) shall be amended by substituting, for the word “arbitrator”, the word “court”.

5The County Court (Amendment No. 3) Rules 1995

After rule 5 of the County Court (Amendment No. 3) Rules 1995f1 there shall be inserted the following—

“5A

Nothing in rules 2 to 5 shall apply to proceedings issued before 8th January 1996.”.

Signature

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984f1, having made these Rules, certify them and submit them to the Lord Chancellor.

Frank J. White

Neil Butter

Helen Paling

J. W. Wroath

Hugh Jones

Margaret Wilby

W. A. Vincent

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 29th January 1996 except for rule 5 which shall come into force on 8th January 1996.

Mackay of Clashfern, C.

Dated 18th December 1995

Explanatory note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as—

(a)

to enable a litigant in proceedings which are referred automatically to arbitration (under the “small claims procedure”) to recover a sum in respect of legal advice obtained for making or defending a claim for an injunction, an order for specific performance or similar relief (rule 2);

(b)

to increase the sum allowed in respect of the fees of an expert in small claims (rule 3);

(c)

to make it clear that an application to set aside an award made in the absence of a party is to be made to the court and not to the arbitrator who gave the award (rule 4);

(d)

to insert a transitional provision in the County Court (Amendment No. 3) Rules 1995 (rule 5).