Article 8 Enforcement

England and Wales

(1)

F1Subject to paragraph (1A) a judgment or order of F2the County Court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

F3(a)

F4... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;

F5(b)

shall be enforced only in the County Court where the sum which it is sought to enforce is less than F6£600.

(c)

in any other case may be enforced in either the High Court or the County Court.

F7(1A)

A judgment or order of the County Court for the payment of a sum of money in proceedings arising out of an agreement regulated by the Consumer Credit Act 1974 shall be enforced only in the County Court .

F8(2)

Subject to paragraph (3), where—

(a)

an enactment provides that a sum of money shall be or may be recoverable as if it were payable under the County Court order; and

(b)

the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

(3)

Paragraph (1)(b) does not apply to the enforcement of—

(a)

a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or

(b)

a compromise sum which is recoverable under section 19A(3) of that Act.

(2)

Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words “ Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991, ”.

Annotations

Textual amendments

F1: Words in art. 8(1) inserted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(a)
F2: Words in Order substituted (22.4.2014) by The High Court and County Court Jurisdiction (Amendment) Order 2014 (S.I. 2014/821), arts. 1, 2(3)(b)
F3: Art. 8(1)(a) substituted (8.6.1993) by The High Court and County Courts Jurisdiction (Amendment) Order 1993 (S.I. 1993/1407), arts. 1, 4(1)
F4: Words in art. 8(1)(a) omitted (1.2.1995) by virtue of The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(b)
F5: Art. 8(1)(b) substituted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(c)
F6: Sum in art. 8(1)(b) substituted (26.4.1999) by The High Court and County Courts Jurisdiction (Amendment) Order 1999 (S.I. 1999/1014), arts. 1, 8
F7: Art. 8(1A) inserted (1.2.1995) by The High Court and County Courts Jurisdiction (Amendment) Order 1995 (S.I. 1995/205), arts. 1, 5(d)
F8: Art. 8(2)(3) inserted (6.4.2009) by The High Court and County Courts Jurisdiction (Amendment) Order 2009 (S.I. 2009/577), arts. 1(1), 4