Section 52 Jurisdiction of county courts.

England and Wales

(1)

F1The county court shall have jurisdiction to hear and determine any question arising under any provision to which this section applies (other than a question falling within the jurisdiction of F2the appropriate tribunal by virtue of section 13(1) or 31(1)).

(2)

This section applies to—

(a)

any provision of F3Parts I F4and 3;

(b)

any provision of section 42; and

(c)

any provision of sections 46 to 48.

(3)

Where any proceedings under any provision to which this section applies are being taken in F5the county court, the county court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that the other proceedings would, apart from this subsection, be outside the court’s jurisdiction.

(4)

If a person takes any proceedings under any such provision in the High Court he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in F6the county court; and in any such case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.

(5)

Subsection (4) shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision to which this section applies).

Annotations

Textual amendments

F1: Words in s. 52(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 52(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 79 (with Sch. 3)
F3: Words in s. 52(2)(a) substituted (1.9.1997) by 1996 c. 52, s. 86(6); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)
F4: Words in s. 52(2)(a) substituted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 163(8), 181(1); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
F5: Words in s. 52(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6: Words in s. 52(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)