The High Court and County Courts Jurisdiction Order 1991
S.I. 1991/724 · Made 19 March 1991 · Extends to England and Wales
COUNTY COURTS
SUPREME COURT OF ENGLAND AND WALES
Made 19th March 1991
Coming into force 1st July 1991
The Lord Chancellor, in exercise of the powers conferred upon him by sections1 and 120 of the Courts and Legal Services Act 1990M1, having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:—
Annotations to the whole text
Marginal citations
- M1
Contents
- 1Title and commencement
- 1AInterpretation
- 2Jurisdiction
- 3Injunctions
- 4Allocation...
- 4AArticle 4A
- 5Article 5
- 6Article 6
- 6AArticle 6A
- 6BArticle 6B Repealed
- 6CArticle 6C
- 6DArticle 6D
- 6EArticle 6E
- 6FArticle 6F
- 6GArticle 6G Repealed
- 7Allocation—Trial Repealed
- 8Enforcement
- 8AEnforcement of traffic penalties
- 8BEnforcement of possession orders against trespassers
- 9... Value of claim
- 10Article 10 Repealed
- 11Crown proceedings—transitional provisions
- 12Savings
- Signature
- Schedule
- Part I—: ACTS
- Paragraph
- II—STATUTORY INSTRUMENTS
- Explanatory note
1Title and commencement
This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.
1AInterpretationF1
In this Order—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014.
2Jurisdiction
F1The County Court shall have jurisdiction under—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 26 of the Arbitration Act 1950 M2,
section 28(3) of the Mines and Quarries (Tips) Act 1969 M4,
section 66 of the Taxes Management Act 1970 M5,
section 41 of the Administration of Justice Act 1970 M6,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 13 of the Torts (Interference with Goods) Act 1977 M7,
section 87 of the Magistrates’ Courts Act 1980 M8,
sections 19 and 20 of the Local Government Finance Act 1982 M9,
sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 M10,
section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 M11,
sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings F9... .
The County Court shall have jurisdiction under the following provisions of the Law of Property Act 1925 M16 where the capital value of the land or interest in land which is to be dealt with does not exceed £30,000:
sections 3, 49, 66, 181, and 188;
proviso (iii) to paragraph 3 of Part III of Schedule 1;
proviso (v) to paragraph 1(3) of Part IV of Schedule 1;
provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.
The County Court shall have jurisdiction under sections 89, 90, 91 and 92 of the Law of Property Act 1925 M17 where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed £30,000.
The County Court shall have jurisdiction under the proviso to section 136(1) of the Law of Property Act 1925 M18 where the amount or value of the debt or thing in action does not exceed £30,000.
The County Court shall have jurisdiction under section 1(6) of the Land Charges Act 1972 M19—
in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;
in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000;
in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the capital value of the land affected does not exceed £30,000;
in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 M20 or an application for an order under that section relating to that land has been made to the court;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13The County Court shall have jurisdiction under the following provisions of the Trade Marks Act 1994—
sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;
paragraph 12 of Schedule 1; and
paragraph 14 of Schedule 2,
to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.
The County Court has jurisdiction in respect of any contentious probate matter arising in connection with an application for the grant or revocation of probate or administration where—
the grant or application is made through the principal registry of the Family Division or a district probate registry under section 105 of the Senior Courts Act 1981; and
it is shown to the satisfaction of the County Court that the value of the deceased’s net estate at the date of death does not exceed £30,000.
In paragraph (7B), “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property the deceased was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3Injunctions
The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in F1the County Court where the County Court may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 M1 or otherwise, grant such an injunction.
4Allocation...F5
4AF1
5
Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the F2... value of the claim is £50,000 or more.
In this article “personal injuries” means personal injuries to the F3claimant or any other person, and includes disease, impairment of physical or mental condition, and death.
This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).
6
Applications F1and appeals under section 19 of the Local Government Finance Act 1982 and appeals under section 20 of that Act shall be commenced in the High Court.
6AF1
Applications under section 1 of the Access to Neighbouring Land Act 1992 shall be commenced in F2the County Court.
6BF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6CF1
Proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of the Insolvency Act 1986.
6DF1
Proceedings under section 1 of the Variation of Trusts Act 1958 may be commenced and taken only in the High Court.
6EF1
Proceedings under sections 98, 641(1)(b) and 645 to 651 of the Companies Act 2006 may be commenced and taken only in the High Court.
6FF1
The enactments listed in Part 1 of the Schedule to this Order are amended as specified therein, being amendments which are consequential on the amendments in articles 6C to 6E.
6GF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7Allocation—TrialF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Enforcement
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—
F4... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;
shall be enforced only in the County Court where the sum which it is sought to enforce is less than F6£600.
in any other case may be enforced in either the High Court or the County Court.
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 .
Subject to paragraph (3), where—
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
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).
Paragraph (1)(b) does not apply to the enforcement of—
a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or
a compromise sum which is recoverable under section 19A(3) of that Act.
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, ”.
8AEnforcement of traffic penaltiesF1F15
Proceedings for the recovery of—
increased penalty charges provided for in charge certificates issued under—
paragraph 6 of Schedule 6 to the 1991 Act; F3...
paragraph 8 of Schedule 1 to the London Local Authorities Act 1996;
regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
regulation 21 of the F5Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; and
regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008;
amounts payable by a person other than a local authority under an adjudication pursuant to—
the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
the F9Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022; and
the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008; and
increased fixed penalties referred to in—
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002; and
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003,
shall be taken in F11the County Court.
In this article, “the 1991 Act” means the Road Traffic Act 1991 F12...
8BEnforcement of possession orders against trespassersF1
A judgment or order of F2the County Court for possession of land made in a possession claim against trespassers may be enforced in the High Court or the County Court.
In this article “a possession claim against trespassers” has the same meaning as in Part 55 of the Civil Procedure Rules 1998.
9... Value of claimF3F1F4C1
For the purposes of Articles 4A and 5, the F2... value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.
10F1
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11Crown proceedings—transitional provisions
For a period of two years from the date upon which this Order comes into force no order shall be made transferring proceedings in the High Court to which the Crown is a party to F1the County Court, except—
when the proceedings are set down to be tried or heard; or
with the consent of the Crown.
12Savings
Signature
Mackay of Clashfern, C.
| Chapter | Short Title | Amendment |
|---|---|---|
| 22 Vict. c.12 | Defence Act 1859 | Section 5 is repealed. |
| 15 & 16 Geo. 5 c.20 | Law of Property Act 1925 | (1)In sections 3(7), 49(4), 66(4), paragraph 3A of Part III of Schedule 1 and paragraph 1(3A) and (4A) of Part IV of Schedule 1, for the words “the county court limit” is substituted “ £30,000 ”, and the words “or net annual value for rating” are omitted. (2)In sections 30(2) and 147(5) the words from “where the” onwards are omitted. (3)In sections 89(7), 90(3), 91(8), 92(2), 136(3), 181(2) and 188(2), for the words “the county court limit” is substituted “ £30,000 ”. (4)In section 146(13), paragraphs (a) and (b) are omitted. (5)In section 205(1), paragraph (iiiA) is omitted. |
| 1 & 2 Geo. 6 c.22 | Trade Marks Act 1938 | In section 58C(5)(a) for the word “provided” are substituted the words “ save that in Northern Ireland such proceedings may be brought in a county cour t only where ”. |
| 14 Geo. 6 c.27 | Arbitration Act 1950 | (1)In section 26, the following is substituted for subsection (2):
(2)In section 26, subsection (4) is omitted. |
| 2 & 3 Eliz. 2 c.56 | Landlord and Tenant Act 1954 | In section 63— (a)in subsection (2), paragraphs (a) and (b) are omitted and the words “ by the High Court or the County Court” are substituted. (b)subsection (3) is omitted; (c)in subsection (4)(a), for the words “subsection (2) of this section” are substituted the words “ an Order under section 1 of the Courts and Legal Services Act 1990 ”; (d)subsection (8) is omitted; (e)in subsection (9), for the words “section one hundred and eleven of the County Courts Act 1934” are substituted the words “ section 41 of the County Courts Act 1984 ” |
| 1969 c.10 | Mines and Quarries (Tips) Act 1969 | The following is substituted for section 28:
|
| 1970 c.9 | Taxes Management Act 1970 | (1)In section 66(1) for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) is omitted. (3)The following is substituted for section 66(3):
|
| 1970 c.31 | Administration of Justice Act 1970 | In section 41, subsections (4) and (4A) are omitted. |
| 1972 c.61 | Land Charges Act 1972 | (1)The following is substituted for section 1(6A):
(2)Section 1(6B) is omitted. |
| 1974 c.39 | Consumer Credit Act 1974 | In section 139, the words, in subsection (5), “not exceeding the county court limit” and “on which the credit limit does not exceed the county court limit”, and subsection (5A) are omitted. |
| 1974 c.47 | Solicitors Act 1974 | In section 69— (a)in subsection (3), for the words “the county court limit” is substituted “ £5,000 ”; a nd (b)subsection (4) is omitted. |
| 1975 c.76 | Local Land Charges Act 1975 | The following is substituted for section 10(8) and (8A):
|
| 1977 c.30 | Rentcharges Act 1977 | (1)In section 10(4) for the words “the county court limit” is substituted “ £5,000 ”. (2)In section 10, subsection (4A) is omitted. |
| 1977 c.32 | Torts (Interference with Goods) Act 1977 | (1)In section 13(3) the words from “, and the County Court” onwards are omitted and the following is substituted:
(2)In section 14 the definition of “county court limit” is omitted. |
| 1980 c.43 | Magistrates’ Courts Act 1980 | In section 87, subsections (2) and 2(A) are omitted. |
| F2. . . | . . . | . . . |
| 1982 c.53 | Administration of Justice Act 1982 | In paragraph 8 of Schedule 3 the words from “if the limit” to the end are omitted. |
| 1984 c.28 | County Courts Act 1984 | (1)In section 15(1) the words from “where the debt” to the end are omitted. (2)In section 15(2), paragraph (a) and the words “any hereditament or to” in paragraph (b) are omitted. (3)Section 15(3) is omitted. (4)In section 16, paragraph (b) and the word “and” immediately before it are omitted. (5)In section 21(1) the words from “where the net annual value” to the end are omitted. (6)In section 21(2) the words from “being an action” to the end are omitted. (7)In section 21, subsections (5) and (6) are omitted. (8)In section 24(2)(c), the references to sections 30(2), 146(13) and 147(5) are omitted. (9)In section 25, the words from “where it is shown” to the end are omitted. (10)In section 139(2) the words “, if the net annual value for rating of the land does not exceed the county court limit,” are omitted. (11)In section 147(1), paragraph (b) of the definition of “the county court limit” and, in paragraph (c) of that definition, the words “or (b)” are omitted. |
| 1985 c.68 | Housing Act 1985 | In section 582(7), paragraph (b) is omitted. |
| 1988 c.34 | Legal Aid Act 1988 | (1)In section 39(4) the words from “notwithstanding” onwards are omitted. (2)Paragraph 3(3)(b) of Schedule 3, and the word “or” immediately preceding it, are omitted. |
| 1988 c.48 | Copyright, Designs and Patents Act 1988 | (1)In sections 115, 205 and 232 before the words “where the value” are inserted the words “ save that, in Northern Ireland, the County Court may entertain such proceedings only ”. |
| 1988 c.50 | Housing Act 1988 | Section 40(2) is omitted. |
| F31984 c.28 | The County Courts Act 1984 | In section 23(b)— (a) in sub-paragraph (ii) omit “or”; and (b) omit sub-paragraph (iii). |
| 1986 c.45 | The Insolvency Act 1986 | In section 117, after subsection (2) insert-
|
| 2006 c.26 | The Companies Act 2006 | (2) In section 641, after subsection (6) insert—
|
II—STATUTORY INSTRUMENTS
| Year and number | T itle | Amendment |
|---|---|---|
| F1. . . | . . . | . . . |
| S.I. 1981/1749 | County Courts Appeals Order 1981 | The following is substituted for article 2:
|
| S.I. 1982/543 | Court of Appeal (Civil Division) Order 1982 | The following is substituted for article 2(b):
|
| S.I. 1989/1548 | Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989 | In Forms 1, 3, 13 and 15 in the Schedule the words from “You should apply to the county court” to “you should apply to the High Court.” are omitted. |
| S.I. 1986/1711 | Stamp Duty Reserve Tax Regulations 1986 | (1)In section 66(1) of the Taxes Management Act 1970 as set out in the Schedule, for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) of the Taxes Management Act 1970 as set out in the Schedule is omitted. (3)The following is substituted for section 66(3) of the Taxes Management Act 1970 as set out in the Schedule:
|
Explanatory note
(This note is not part of the Order)
This Order makes new arrangements for the distribution of proceedings between the High Court and the county courts.
Article 2 abolishes many of the financial limitations on the jurisdiction of the county courts. In place of those limitations, articles 4 to 8 provide new criteria for determining where proceedings are to be commenced and tried and where judgments are to be enforced.
In particular, actions in respect of personal injuries must be commenced in a county court unless the claim is worth £50,000 or more (article 5) and certain proceedings under the Local Government Finance Act 1982 must be commenced in the High Court (article 6).
The Order provides (article 7) that actions worth less than £25,000 must normally be tried in a county court, and those worth £50,000 or more must normally be tried in the High Court, with those in between going either way, subject to the criteria laid down in article 7(5) for determining which level of court is the more appropriate for a particular case.
The value of an action for the purposes of these provisions as to commencement and trial is defined by articles 9 and 10.
For enforcement, article 8 provides that county court judgments for the payment of a sum of money of £5,000 or more must be enforced in the High Court, and may be enforced in the High Court if they are for £2,000 or more. Below that they must be enforced in a county court.
Several statutory provisions relating to county court jurisdiction limits are consequentially amended or repealed by the Schedule to the Order.
The Order does not affect family or Admiralty proceedings.