The County Court Rules 1981

• Citation: S.I. 1981/1687
• Sections: 561

Section 1 Citation

These rules may be cited as the County Court Rules 1981.

Section 1 Courts to have offices

Every court shall have an office or, if the Lord Chancellor so directs, two or more offices, situated at such place or places as he may direct, for the transaction of the business of the court.

Section 1 Proceedings by action

Subject to the provisions of any Act or rule, all proceedings authorised to be brought in a county court; where the object of the proceedings is to obtain relief against any person or to compel any person to do or abstain from doing any act, shall be brought by action and commenced by plaint.

Section 1 Saving for particular provisions etc

(1) The provisions of this Order shall have effect subject to any provision made by any Act or rule (including the rules of this Order) in relation to particular proceedings.

(2) Nothing in this Order shall be taken as affecting any obligation under Order 8 or otherwise to obtain the leave of the court to serve process out of England and Wales.

Section 1 Joinder of causes of action

Subject to rule 3, a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action—

(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action, or

(b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others, or

(c) with the leave of the court.

Section 1 General requirements

(1) Subject to the provisions of this rule, a plaintiff shall, at the time of commencing an action, file particulars of his claim specifying his cause of action and the relief or remedy which he seeks and stating briefly the material facts on which he relies.

(2) Where in an action for a debt the particulars of claim can conveniently be incorporated in the form of request for the issue of the summons, they may be incorporated in that form if the proper officer so allows.

(3) Where a plaintiff desires to abandon, under section 41(1) of the Act, the excess of his claim over the sum mentioned in that section, the abandonment of the excess shall be stated at the end of the particulars.

(4) Except where the particulars are incorporated in the request pursuant to paragraph (2), the plaintiff shall, when filing particulars of his claim, file a copy for each defendant to be served with the summons.

Section 1 General mode of service

(1) Where by virtue of these rules any document is required to be served on any person and no other mode of service is prescribed by any Act or rule, the document may be served—

(a) if the person to be served is acting in person, by delivering it to him personally or by delivering it at, or sending it by first-class post to, his address for service or, if he has no address for service—

(i) by delivering the document at his residence or by sending it by first-class post to his last known residence, or

(ii) in the case of a proprietor of a business, by delivering the document at his place of business or sending it by first-class post to his last known place of business;

(b) if the person to be served is acting by a solicitor, by delivering the document at, or sending it by first-class post to, the solicitor's address for service.

(2) In this Order “ first-class post ” means first-class post which has been pre-paid or in respect of which prepayment is not required.

Section 1 Interpretation

In this Order the following words and expressions have the following meanings, unless a contrary intention appears:—

“ originating process ” includes a third party notice;

“ interlocutory process ” means a summons, order or notice issued, made or given in proceedings already commenced in or transferred to a county court;

“ process ” means an originating process or an interlocutory process;

“ country ” means a foreign country, or any country mentioned in rule 8(5);

“ country of service ” means the country in which a process is to be served or is served pursuant to leave granted under this Order;

“ convention country ” means a foreign country with which a convention has been made relating to civil procedure including the service of documents issued from England or Wales in the foreign country and includes a country which is a party to the Hague Convention;

“ Hague Convention ” means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial matters signed at The Hague on 15th November 1965 ;

“ applicant ” means the party applying for or obtaining leave under this Order to serve a process out of England and Wales;

“ respondent ” means the party on whom the applicant seeks or obtains leave to serve a process.

Section 1 Application of Order

Except as otherwise provided, the provisions of this Order relating to actions shall apply to both default and fixed date actions.

Section 1 Person under disability to have next friend or guardian ad litem

(1) Except where a minor brings an action in his own name under section 80 of the Act, a person under disability may not bring or make a claim in any proceedings except by his next friend.

(2) A person under disability may not defend or make a counterclaim in any proceedings except by his guardian ad litem .

(3) Where a person is authorised under Part VIII of the Mental Health Act 1959 (in this Order called “ Part VIII ”) to conduct legal proceedings in the name of a mental patient or on his behalf, that person shall be entitled to be the next friend or guardian ad litem , as the case may be, of the patient in any proceedings to which his authority extends, unless some other person is appointed by the court to be his next friend or guardian ad litem .

Section 1 Payment into court before judgment

(1) In any action for a debt or damages any defendant may at any time before judgment pay money into court—

(a) in satisfaction of the plaintiff's cause of action or, where two or more causes of action are joined in the action, in satisfaction of any or all of those causes of action; or

(b) on account of a sum admitted by him to be due to the plaintiff in respect of the plaintiff's cause or causes of action.

(2) Where the amount paid into court under paragraph (1) is less than the amount claimed, the payment shall be treated as being made under sub-paragraph (b) unless it is accompanied by notice stating that it is made in satisfaction of the plaintiff's cause or causes of action.

(3) Where a payment under paragraph (1) is made by one or more but not all of several defendants, it shall be accompanied by a notice stating the name and address of each defendant making the payment.

(4) A defendant may, without leave, give notice of an increase in a payment made under paragraph (1)(a) but, subject to that and without prejudice to paragraph (6), a notice of payment may not be withdrawn or amended without the leave of the court, which may be granted on such terms as may be just.

(5) Where two or more causes of action are joined in the action, any notice given under paragraph (2) shall—

(a) state that the payment is made in respect of all those causes of action or specify the cause or causes of action in respect of which the payment is made, and

(b) where the defendant desires to make separate payments in respect of any two or more of the causes of action, specify the sum paid in respect of each.

For the purposes of this paragraph a payment stated to be made in satisfaction of the plaintiff's claim shall be treated as being made in satisfaction of all the causes of action.

(6) Where a single sum of money is paid into court under this rule in respect of two or more causes of action, then, if it appears to the court that the plaintiff is embarrassed by the payment, the court may, subject to paragraph (7), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action.

(7) Where a cause of action under the Fatal Accidents Act 1976 and a cause of action under the Law Reform (Miscellaneous Provisions) Act 1934 are joined in an action, with or without any other cause of action, the causes of action under the said Acts shall, for the purpose of paragraph (6), be treated as one cause of action.

(8) For the purposes of this rule a plaintiff's cause of action in respect of a debt or damages shall be construed as a cause of action in respect also of such interest as might be included in the judgment, whether under section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 or otherwise, if judgment were given at the date of the payment into court.

(9) Where a payment under paragraph (1) is made by a defendant who makes a counterclaim against the plaintiff for a debt or damages, the notice given under paragraph (2) must state, if it be the case, that in making the payment the defendant has taken into account and intends to satisfy the cause of action in respect of which he counterclaims or, if two or more causes of action are joined in the counterclaim, all those causes of action or such of them as may be specified in the notice.

(10) On receipt of a payment by a defendant under paragraph (1) the proper officer shall, if time permits, send notice thereof to every other party to the action.

Section 1 Third party notice

(1) Where in any action a defendant—

(a) claims against a person not already a party to the action any contribution or indemnity, or

(b) claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some remedy or relief claimed by the plaintiff, or

(c) requires any question or issue relating to or connected with the original subject-matter of the action to be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action,

then, subject to paragraph (2), the defendant may issue a notice (in this Order referred to as a third-party notice) containing a statement of the nature and grounds of the claim made by the defendant or, as the case may be, of the question or issue required to be determined.

(2) A third party notice shall not be issued without the leave of the court—

(a) in a fixed date action, or

(b) in a default action where a day has been fixed under Order 9, rule 5, for the hearing or pre-trial review of the action.

(3) An application for leave to issue a third party notice shall be made on notice to the plaintiff, and on the hearing of the application the court, if it grants leave, shall give directions as to the service of the third party notice and as to the further conduct of the proceedings.

(4) The defendant shall file a copy of the third party notice when it is issued or, if leave to issue the notice is required, when he gives the proper officer notice of his application for leave.

(5) Where a third party notice is issued pursuant to paragraph (1) without the leave of the court, the proper officer shall fix a day for the pre-trial review of the action and notice of the day so fixed shall be contained in or indorsed on every copy of the third party notice for service under paragraph (6).

(6) Subject to any directions given under paragraph (3), the third party notice accompanied by a copy of the summons in the action and of the particulars of claim annexed thereto and any pleading delivered by the defendant shall be served on the third party in accordance with the rules applicable to the service of the summons in a fixed date action and, where the notice is issued pursuant to paragraph (1) without leave, a copy shall also be served on the plaintiff.

(7) Where a third party notice is issued in a default action, judgment on admission or in default shall not be entered against the defendant under Order 9, rule 3(2) or 6.

Section 1 General provisions

(1) Except as otherwise provided, the following paragraphs of this rule shall have effect in relation to any application authorised by or under any Act or rule to be made in the course of an action or matter before or after judgment.

(2) Unless allowed or authorised to be made ex parte , the application shall be made on notice, which shall be filed and served on the opposite party not less than two days before the hearing of the application.

(3) Where the application is made ex parte , notice of the application shall be filed a reasonable time before the application is heard, unless the court otherwise directs.

(4) Unless allowed or authorised to be made otherwise, every application shall be heard in chambers.

(5) Where any party to the application fails to attend on the hearing the court may proceed in his absence if, having regard to the nature of the application, the court thinks it expedient to do so.

(6) The jurisdiction of the court to hear and determine the application may be exercised by the registrar and the applicant shall, unless the judge otherwise directs, make the application to the registrar in the first instance.

(7) Where the application is made to the registrar, he may refer to the judge any matter which he thinks should properly be decided by the judge, and the judge may either dispose of the matter or refer it back to the registrar with such directions as he thinks fit.

(8) The court may, as a condition of granting any application, impose such terms and conditions as it thinks fit, including a term or condition requiring any party to—

(a) give security,

(b) give an undertaking,

(c) pay money into court,

(d) pay all or any part of the costs of the proceedings, or

(e) give a power of re-entry.

(9) Unless the court otherwise directs, the costs of the application shall not be taxed until the general taxation of the costs of the action or matter and, where an earlier taxation is directed, Order 38 shall apply as if the word “claimed” were substituted for the word “recovered” wherever it appears.

(10) An appeal shall lie to the judge from any order made by the registrar on the application and the appeal shall be disposed of in chambers unless the judge otherwise directs.

(11) An appeal under paragraph (10) shall be made on notice, which shall be filed and served on the opposite party within 5 days after the order appealed from or such further time as the judge may allow.

Section 1 Discovery of documents

(1) Subject to the provisions of this rule and of rule 8, the court may, on the application on notice of any party to an action or matter, make an order (in these rules referred to as an “ order for discovery ”) directing any other party to make a list of the documents which are or have been in his possession, custody or power relating to any matter in question in the proceedings and may at the same time or subsequently also order him to make an affidavit verifying such a list.

(2) Where the applicant for an order for discovery did not make a written request for the discovery he desires, the court may refuse to make the order unless satisfied that there were sufficient reasons for not making such a request.

(3) An order under this rule may be limited to such documents or classes of document only, or to such only of the matters in question in the proceedings, as may be specified in the order.

(4) An order under this rule shall be drawn up by the proper officer and shall be served on the party against whom it is made.

(5) A list of documents made in compliance with an order or request, and any affidavit verifying such a list, shall be filed and a copy shall at the same time be served on the applicant.

Section 1 Amendment by order

(1) Without prejudice to Order 5, rules 8 and 11, and rule 2 of this Order, but subject to the following paragraphs of this rule, the court may, in any action or matter, by order allow or direct—

(a) any originating process, pleading or any other document in the proceedings to be amended, or

(b) any person to be added, struck out or substituted as a party to the proceedings,

if the amendment, whether falling within sub-paragraph (a) or (b), is such that the High Court would have power to allow in a like case.

(2) In any case where a relevant limitation period has expired, the reference in paragraph (1) to the power of the High Court to allow the amendment shall be construed, in particular, as a reference to its power to do so subject to the conditions and restrictions imposed by section 35 of the Limitation Act 1980 and the R.S.C. made thereunder.

(3) An order under paragraph (1) may be made on application at the hearing of the action or matter or before the hearing on notice or by the court of its own motion at any stage of the proceedings.

(4) No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

(5) If a summons or other document issued by the court is to be amended pursuant to an order under paragraph (1), the amendment shall be made by the proper officer, and if any other document is to be amended, the amendment shall be made by the party whose document it is and he shall, if authorised or required to do so, file and serve on every other party to the proceedings a copy of the document as so amended.

(6) Where by an order under paragraph (1) a person is added or substituted as a defendant, the amended originating process shall, unless the court otherwise directs, be served on him in accordance with the rules applicable to the service of the originating process.

In relation to a person added or substituted as a defendant to a counterclaim this paragraph shall have effect as if for the reference to the amended originating process there were substituted a reference to the amended counterclaim.

Section 1 General power of transfer

If the judge or registrar of any court is satisfied that—

(a) any action or matter in that court could be more conveniently or fairly heard and determined in some other court, or

(b) any default action in that court could be more conveniently or fairly disposed of under Order 9, rule 3(3), in some other court, or

(c) any pre-trial review or interlocutory application in an action or matter in that court could be more conveniently or fairly conducted or heard in some other court, or

(d) any proceedings for the enforcement of a judgment or order in an action or matter in that court could be more conveniently or fairly taken in some other court, or

(e) any payments required to be made into court under a judgment or order in an action or matter in that court could be more conveniently made into some other court,

then, subject to rule 3 and without prejudice, as respects paragraph (d), to Order 25, rule 2, the judge or registrar may order the action or matter to be transferred to that other court.

Section 1 Matter to be considered on pre-trial review

On any day fixed for the pre-trial review of an action or matter the registrar shall, subject to the following provisions of this Order, consider the course of the proceedings and give all such directions as appear to be necessary or desirable for securing the just, expeditious and economical disposal of the action or matter.

Section 1 Notice of discontinuance

The plaintiff in an action or matter may, at any time before judgment or final order, discontinue the proceedings wholly or in part against all or any of the defendants thereto by giving notice to the proper officer and to every defendant against whom he desires to discontinue, and the notice to the proper officer shall contain a certificate by the plaintiff that he has also given notice to the defendant.

Section 1 Interpretation of Part I

In this Part of this Order, unless the context otherwise requires, “ reference ” means the reference of proceedings to arbitration under section 92 of the Act, “ order ” means an order referring proceedings to arbitration under that section and “ outside arbitrator ” means an arbitrator other than the judge or registrar.

Section 1 Admission of other party's case

A party to an action or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party, and no costs incurred after receipt of the notice in respect of the proof of any matters which the admission renders it unnecessary to prove shall be allowed.

Section 1 Non-appearance by plaintiff

(1) If the plaintiff does not appear on the day fixed for the hearing of an action or matter, the court may, without prejudice to any other power, strike out the proceedings or, if the defendant appears, proceed with the hearing in the plaintiff's absence.

(2) Where the court has received from the plaintiff an affidavit which is admissible in evidence by virtue of any Act or rule, he shall be deemed for the purposes of paragraph (1) to have appeared on the day aforesaid and to have tendered the evidence in the affidavit.

(3) Where any proceedings have been struck out under paragraph (1), the court may restore them to the list on application or of its own motion.

Section 1 Drawing up and service of judgments and orders

(1) Subject to the provisions of these rules with respect to particular judgments and orders, every judgment or final order and every order for directions made under Order 13, rule 2, or Order 17, rule 1, shall, unless the court otherwise directs, be drawn up and served by the proper officer on the party against whom it was given or made.

(2) Service shall be effected in accordance with Order 7, rule 1, and it shall not be necessary for the party in whose favour the judgment or order was made to prove that it reached the party to be served.

(3) Where judgment is entered in a default action under Order 9, rule 6(1), for payment forthwith, it shall not be necessary to draw up and serve the judgment unless—

(a) the judgment is for payment to the plaintiff or his solicitor;

(b) the plaintiff has abandoned part of his claim otherwise than by amending his particulars of claim and serving a copy on the defendant;

(c) the judgment is an interlocutory judgment for damages to be assessed.

(4) Any judgment given for the plaintiff in an action for principal money or interest secured by a mortgage or charge, and any order made on an appeal to a county court, shall be served on every party to the proceedings.

(5) Where a party to be served with a judgment or order is acting by a solicitor, service may, if the court thinks fit, be effected on the party as if he were acting in person.

Section 1 Service of notice of judgment

(1) Where in any action or matter for—

(a) the administration of the estate of a deceased person, or

(b) the execution of a trust, or

(c) the sale of any property,

the court gives a judgment or makes an order which affects the rights or interests of persons who are not parties to the action or matter or directs any account to be taken or inquiry made, the court may direct notice of the judgment or order to be served on any person interested in the estate or under the trust or in the property, as the case may be.

(2) The notice shall be prepared by the proper officer and shall have annexed to it a copy of the judgment or order.

(3) The notice shall be served in the same manner as a fixed date summons, but if it appears to the court that it is impracticable to serve the notice on any person directed to be served, the court may dispense with service on him.

(4) Where the court dispenses with service of the notice on any person, it may also direct that he shall be bound by the judgment or order to the same extent as if he had been served with notice of it and he shall be bound accordingly except where the judgment has been obtained by fraud or non-disclosure of material facts.

(5) Any person served with notice under this rule shall be bound by the judgment or order and shall be entitled to attend the proceedings under it, but he may, within one month after service of the notice on him, apply to the judge (or, if the judgment or order was given or made by the registrar, to the registrar) to discharge, vary or add to the judgment or order.

Section 1 Proceedings to be by originating application

Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating application in accordance with the provisions of this Order.

Section 1 Judgment creditor and debtor

In this Order and Orders 26 to 29 “ judgment creditor ” means the person who has obtained or is entitled to enforce a judgment or order and “ debtor ” means the person against whom it was given or made.

Section 1 Application for warrant of execution

(1) A judgment creditor desiring a warrant of execution to be issued shall file a request in that behalf.

(2) Where the court has made an order for payment of a sum of money by instalments and default has been made in payment of such an instalment, a warrant of execution may be issued for the whole of the said sum of money and costs then remaining unpaid or, subject to paragraph (3), for such part as the judgment creditor may request, not being in the latter case less than £15 or the amount of one monthly instalment or, as the case may be, four weekly instalments, whichever is the greater.

(3) In any case to which paragraph (2) applies no warrant shall be issued unless at the time when it is issued—

(a) the whole or part of an instalment which has already become due remains unpaid, and

(b) any warrant previously issued for part of the said sum of money and costs has expired or has been satisfied or abandoned.

(4) Where a warrant is issued for part of the said sum of money and costs, the registrar responsible for its execution may, if he thinks fit, direct that a warning notice shall be sent to the person against whom the warrant is issued and that the warrant shall not be levied until 7 days thereafter.

(5) Where judgment is given or an order made for payment otherwise than by instalments of a sum of money and costs to be taxed and default is made in payment of the sum of money before the costs have been taxed, a warrant of execution may issue for recovery of the sum of money and a separate warrant may issue subsequently for the recovery of the costs if default is made in payment of them.

Section 1 Interpretation

In this Order “ the Act of 1971 ” means the Attachment of Earnings Act 1971 and, unless the context otherwise requires, expressions used in that Act have the same meanings as in that Act.

Section 1 Application for judgment summons

(1) An application for the issue of a judgment summons may be made to the court for the district in which the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the court for the district in which any of the debtors resides or carries on business.

(2) The judgment creditor shall make his application by filing a request in that behalf.

Section 1 Enforcement of judgment to do or abstain from doing any act

(1) Where a person required by a judgment or order to do an act refuses or neglects to do it within the time fixed by the judgment or order or any subsequent order, or where a person disobeys a judgment or order requiring him to abstain from doing an act, then, subject to the Debtors Acts 1869 and 1878 and to the provisions of these rules, the judgment or order may be enforced, by order of the judge, by a committal order against that person or, if that person is a body corporate, against any director or other officer of the body.

(2) Subject to paragraphs (6) and (7), a judgment or order shall not be enforced under paragraph (1) unless—

(a) a copy of the judgment or order has been served personally on the person required to do or abstain from doing the act in question and also, where that person is a body corporate, on the director or other officer of the body against whom a committal order is sought, and

(b) in the case of a judgment or order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act and was accompanied by a copy of any order, made between the date of the judgment or order and the date of service, fixing that time.

(3) Where a judgment or order enforceable by committal order under paragraph (1) has been given or made, the proper officer shall, if the judgment or order is in the nature of an injunction, at the time when the judgment or order is drawn up, and in any other case on the request of the judgment creditor, issue a copy of the judgment or order, indorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (2).

(4) If the person served with the judgment or order fails to obey it, the proper officer shall, at the request of the judgment creditor, issue a notice calling on that person to show cause why a committal order should not be made against him, and subject to paragraph (7) the notice shall be served on him personally.

(5) If a committal order is made, the order shall be for the issue of a warrant of committal and a copy of the order shall be served on the person to be committed either before or at the time of the execution of the warrant unless the judge otherwise orders.

(6) A judgment or order requiring a person to abstain from doing an act may be enforced under paragraph (1) notwithstanding that service of a copy of the judgment or order has not been effected in accordance with paragraph (2) if the judge is satisfied that, pending such service, the person against whom it is sought to enforce the judgment or order has had notice thereof either—

(a) by being present when the judgment or order was given or made, or

(b) by being notified of the terms of the judgment or order whether by telephone, telegram or otherwise.

(7) Without prejudice to its powers under Order 7, rule 8, the court may dispense with service of a copy of a judgment or order under paragraph (2) or a notice to show cause under paragraph (4), if the court thinks it just to do so.

Section 1 Attachment of debt due to judgment debtor

(1) Where a person (in this Order called “ the judgment creditor ”) has obtained in a county court a judgment or order for the payment of money by some other person (“the judgment debtor”) and any person within England and Wales (“the garnishee”) is indebted to the judgment debtor, that court may, subject to the provisions of this Order and of any enactment, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due from the garnishee to the judgment debtor or so much thereof as is sufficient to satisfy the judgment or order against the judgment debtor and the costs of the garnishee proceedings.

(2) An order under this rule shall in the first instance be an order to show cause, specifying the place and time for the further consideration of the matter (in this Order called “ the return day ”) and in the meantime attaching the debt due or accruing due from the garnishee or so much thereof as is sufficient for the purpose aforesaid.

(3) Among the conditions mentioned in section 143(1) of the Act (which enables any sum standing to the credit of a person in a deposit account in a bank to be attached notwithstanding that certain conditions applicable to the account have not been satisfied) there shall be included any condition that a receipt for money deposited in the account must be produced before any money is withdrawn.

(4) An order may be made under this rule notwithstanding that the debt due or accruing due from the garnishee to the judgment debtor exceeds the sum for the time being specified in section 39 of the Act.

Section 1 Application for charging order

(1) An application to a county court for a charging order under section 1 of the Charging Orders Act 1979 may be made—

(a) if the order is sought in respect of a fund in court, to the court where the money is lodged;

(b) subject to ( a ), if the judgment or order sought to be enforced is that of a county court, to the court in which the judgment or order was obtained or, if the action or matter has been transferred to another court under Order 16, rule 1(d) or (e), or Order 25, rule 2, the court to which it has been transferred;

(c) subject to ( a ) and ( b ), to the court for the district in which the debtor resides or carries on business or, if there is no such district, to the court for the district in which the judgment creditor resides or carries on business.

(2) The application may be made ex parte by filing an affidavit—

(a) stating the name and address of the debtor and, if known, of every creditor of his whom the applicant can identify;

(b) identifying the subject matter of the intended charge;

(c) either verifying the debtor's beneficial ownership of the asset to be charged or, where the asset is held by a trustee, stating on which of the three grounds appearing in section 2(1)(b) of the said Act the application is based and verifying the material facts;

(d) stating, in the case of securities other than securities in court, the name and address of the person or body to be served for the purpose of protecting the intended charge;

(e) stating, where the subject matter is an interest under a trust, or held by a trustee, the names and addresses of such trustees and beneficiaries as are known to the applicant.

Where the judgment or order to be enforced is a judgment or order of the High Court or a judgment, order, decree or award of a court or arbitrator which is or has become enforceable as if it were a judgment or order of the High Court, the applicant shall file with his affidavit the documents mentioned in Order 25, rule 11(a) and (c), and the affidavit shall verify the amount unpaid at the date of the application.

(3) Subject to paragraph (1), an application may be made for a single charging order in respect of more than one judgment or order against a debtor.

(4) Upon the filing of the affidavit mentioned in paragraph (2), the application shall be entered in the records of the court, and if, in the opinion of the registrar, a sufficient case for such an order is made in the affidavit, the registrar shall make a charging order nisi fixing a day for the further consideration of the matter by the court.

(5) A copy of the order shall be sent by the proper officer to the judgment creditor and, where funds in court are to be charged, shall be served by the proper officer on the Accountant-General at the Court Funds Office.

(6) Copies of the order and of the affidavit shall be served by the proper officer on the debtor and on such of the debtor's other creditors, and, where a trust is involved, on such trustees and beneficiaries as the registrar may direct.

(7) Where an interest in securities not in court is to be charged, copies of the order nisi shall be served by the proper officer on the person or body required to be served in like circumstances by R.S.C. Order 50, rule 2(1)(b).

(8) The documents required by the foregoing paragraphs to be served shall be served in accordance with Order 7, rule 1, not less than 7 days before the day fixed for the further consideration of the matter.

Section 1 Application for appointment

(1) An application for the appointment of a receiver may be made before, at or after the trial or hearing of any proceedings.

(2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such an order.

(3) Where the applicant wishes to apply for the immediate grant of such an injunction pending the hearing of his application for the appointment of a receiver, he may do so ex parte on affidavit.

(4) The power to make an order for the appointment of a receiver shall be exercisable by the court and, without prejudice to Order 21, rule 5, the registrar shall have power to grant an injunction if, and only so far as, it is ancillary or incidental to an order for the appointment of a receiver by way of execution.

In this paragraph “ receiver by way of execution ” means a receiver appointed by way of equitable execution in relation either to an equitable interest or to a legal estate or interest in land.

Section 1 Notice of claim

(1) Any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating—

(a) the grounds of the claim or, in the case of a claim for rent, the particulars required by section 137(2) of the Act, and

(b) the claimant's full name and address, which shall be his address for service.

(2) On receipt of a claim made under this rule, the proper officer shall—

(a) send notice thereof to the execution creditor, and

(b) except where the claim is to the proceeds or value of the goods, send to the claimant a notice requiring him to make a deposit or give security in accordance with section 135 of the Act.

Section 1 Issue and service of summons for offence under s. 30, 31, 127 or 164 of the Act

Where—

(a) it is alleged that any person has committed an offence under section 30 or 127 of the Act by assaulting an officer of the court while in the execution of his duty, or by rescuing or attempting to rescue any goods seized in execution, and the alleged offender has not been taken into custody and brought before the judge, or

(b) any officer of the court is charged under section 31 of the Act with extortion or other misconduct, or

(c) a complaint is made against an officer of the court under section 164 of the Act for having lost the opportunity of levying execution,

the proper officer shall issue a summons, which shall be served on the alleged offender personally not less than 8 days before the return day appointed in the summons.

Section 1 Application for certificate of county court judgment

(1) A certificate of a judgment of a county court which is to be registered under the Inferior Courts Judgments Extension Act 1882 may be obtained by filing an affidavit made by the solicitor of the party entitled to enforce the judgment, or by the party himself if he is acting in person, giving particulars of the judgment and stating—

(a) that the judgment has not been satisfied and the amount remaining unsatisfied,

(b) to the best of the deponent's information or belief, the business or occupation and address of the party entitled to enforce the judgment and of the party against whom it was obtained.

(2) If the judgment is for payment within a specified time or by instalments and that time has not expired or default has not been made in payment of some instalment, the certificate shall not be granted.

(3) The proper officer shall enter on the certificate—

(a) the number of the action,

(b) the amount remaining due under the judgment,

(c) a note of the costs, if any, allowed for obtaining the certificate, and

(d) the date on which the certificate is granted.

(4) When a certificate of judgment is granted, the proper officer shall make a note thereof in the records of the court relating to the judgment and thereafter no proceedings shall be taken on the judgment in England or Wales unless—

(a) the court is satisfied that no further proceedings are pending or can be taken on the certificate outside England and Wales and that the judgment is still unsatisfied in whole or in part; and

(b) a note that the court is so satisfied is made in the records of the court granting the certificate.

Section 1 Interpretation of Part I

In this Part of this Order a section referred to by number means the section so numbered in the Maintenance Orders Act 1950 and “ maintenance order ” means an order to which section 16 of that Act applies, being an order made by a county court.

Section 1 Rehearing

(1) In any proceedings tried without a jury the judge shall have power on application to order a rehearing where no error of the court at the hearing is alleged.

(2) Unless the court otherwise orders, any application under paragraph (1) shall be made to the judge by whom the proceedings were tried.

(3) A rehearing may be ordered on any question without interfering with the finding or decision on any other question.

(4) Where the proceedings were tried by the registrar, the powers conferred on the judge by paragraphs (1) and (3) shall be exercisable by the registrar and paragraph (2) shall not apply.

(5) Any application for a rehearing under this rule shall be made on notice stating the grounds of the application and the notice shall be served on the opposite party not more than 14 days after the day of the trial and not less than 7 days before the day fixed for the hearing of the application.

(6) On receipt of the notice, the proper officer shall, unless the court otherwise orders, retain any money in court until the application had been heard.

Section 1 Discretion

Subject to the provisions of any Act or rule, the costs of and incidental to all proceedings in a county court shall be in the discretion of the court and the discretion shall be exercised in accordance with the principles which would be applied by the High Court in a like case.

Section 1 Exercise of powers by registrar

Any powers conferred on the court by Part VII of the Act, section 4 of the Attachment of Earnings Act 1971 or this Order may be exercised by the registrar.

Section 1 Application and interpretation

(1) This Order applies to Admiralty proceedings and, subject to the provisions of this Order, the other provisions of these rules apply to those proceedings as they apply to default actions.

(2) In this Order “ court ” means an Admiralty county court and “ district ” means the district assigned to such a court for Admiralty purposes.

Section 1 Interpretation

In this Order “ probate action ” means an action in respect of any contentious matter arising in connection with an application through the principal registry of the Family Division for the grant or revocation of probate or administration.

Section 1 Application and interpretation

(1) These rules apply to any proceedings, so far as they are civil proceedings to which the Crown is a party, subject to the following rules of this Order.

(2) Except where the context otherwise requires, references in these rules to an action or claim for the recovery of land or other property shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or property or to the possession thereof.

(3) No rent action shall be brought against the Crown.

(4) In this Order—

“ the Act of 1947 ” means the Crown Proceedings Act 1947;

“ civil proceedings by the Crown ” and “ civil proceedings against the Crown ” and “ civil proceedings by or against the Crown ” have the same respective meanings as in Part II of the Act of 1947 and do not include any of the proceedings specified in section 23(3) of that Act;

“ civil proceedings to which the Crown is a party ” has the same meaning as it has for the purposes of Part IV of the Act of 1947 by virtue of section 38(4) of that Act.

Section 1 Interpretation

(1) In this Order “ the Act 1927 ” means the Landlord and Tenant Act 1927 and “ the Act of 1954 ” means the Landlord and Tenant Act 1954.

(2) In relation to any proceedings under the Act of 1954 any reference in this Order to a landlord shall, if the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be construed as a reference to the mortgagee.

Section 1 Order to arbitrator to state case

(1) An application under paragraph 24 of the Sixth Schedule to the Agricultural Holdings Act 1948 for an order directing an arbitrator to state, in the form of a special case for the opinion of the court, a question of law arising in the course of the arbitration shall include a concise statement of the question of law.

(2) The arbitrator shall not be made a respondent to the application, but if the judge grants the application, a copy of the order shall be served on the arbitrator.

Section 1 Application for taxation of returning officer's account

(1) An application by the Treasury under section 20 of the Representation of the People Act 1949 for the taxation of a returning officer's account shall be made by originating application and the day fixed for the hearing shall be a day for proceeding with the taxation if the application is granted.

(2) Where on the application the returning officer desires to apply to the court to examine any claim made against him in respect of matters charged in the account, the application shall be made in writing and filed, together with a copy thereof, within 7 days after service on the returning officer of the copy of the application for taxation.

(3) On the filing of an application under paragraph (2) the proper officer shall fix a day for the hearing and give notice thereof to the returning officer, and a copy of the application and of the notice shall be served on the claimant in the manner prescribed for a fixed date summons.

(4) The examination and taxation may, if the court thinks fit, take place on the same day, but the examination shall be determined before the taxation is concluded.

(5) The application for taxation and any application under paragraph (2) may be heard and determined by the registrar and a copy of the order made on the application shall be served on the Treasury and the returning officer and, in the case of an application under paragraph (2), on the claimant.

Section 1 Manner of application

(1) An application to a county court under section 45(2) of the Matrimonial Causes Act 1973 for a declaration of legitimation by virtue of the Legitimacy Act 1976 shall be made by originating application stating—

(a) the grounds on which the applicant relies,

(b) the date and place of birth of the applicant and the maiden name of his mother and, if it be the case, that the applicant is known by a name other than that which appears in the certificate of his birth, and

(c) particulars of every person whose interest may be affected by the proceedings and his relationship, if any, to the applicant, including any person other than the applicant's father to whom his mother was married at the date of his birth.

(2) The application may be filed in the court for the district in which the applicant resides or the marriage leading to the legitimation was celebrated or, if neither the residence of the applicant nor the place of the marriage is in England or Wales, then in the Westminster County Court.

(3) The applicant shall file with the originating application—

(a) an affidavit by him (or, if he is a minor, by his next friend) verifying the application, and

(b) any birth, death or marriage certificate intended to be relied on at the hearing.

Section 1 Consent to marriage of minor

(1) Every application under section 3 of the Marriage Act 1949 for the consent of the court to the marriage of a minor shall be dealt with in chambers unless the court otherwise directs.

(2) The application may be heard and determined by the registrar.

(3) Notwithstanding anything in Order 10, rule 1(1), it shall not be necessary for the application to be made by the applicant's next friend unless the court so directs.

(4) Where the application is made in consequence of a refusal to give consent, every person who has refused his consent shall be made a respondent to the application and Order 7, rule 10(5), shall have effect in relation to the application as if for the period of 21 days specified therein there were substituted a period of 7 days.

Section 1 Interpretation

In this Order—

“ the Act of 1973 ” means the Matrimonial Causes Act 1973;

“ the Act of 1975 ” means the Inheritance (Provision for Family and Dependants) Act 1975;

“ the deceased ” means , in the case of an application under section 36 of the Act of 1973, the deceased party to the agreement to which the application relates and, in the case of an application under section 1 of the Act of 1975, the person to whose estate the application relates.

Section 1 Administration of Justice Act 1970

Any action by a mortgagee for possession of a dwelling-house, being an action to which section 36 of the Administration of Justice Act 1970 applies, shall be dealt with in chambers unless the court otherwise directs.

Section 1 Practice directions

The Lord Chancellor may issue directions for the purpose of securing uniformity of practice in the county courts.