The County Court Rules 1981 (Amendment No. 3) Rules 1982

• Citation: S.I. 1982/1794
• Sections: 22

Section 1

(1) These Rules may be cited as the County Court Rules 1981 (Amendment No. 3) Rules 1982.

(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 1981 , and Appendix A, B or C means Appendix A, B or C to those Rules.

Section 2

Order 6 shall be amended by inserting, after rule 1, the following new rule:—

Claim for interest

(1A) Where the plaintiff claims interest under section 97A of the Act or otherwise his particulars of claim shall contain a statement to that effect.

Section 3

Order 9 shall be amended by substituting, for rule 8, the following rule:—

(8) The sum for which judgment is entered under rule 6(1) may include interest down to, but not after, the date of the issue of the summons, provided that—

(a) particulars of the amount, rate and period are set out in the particulars of claim; and

(b) in the case of interest claimed under section 97A of the Act the rate is not higher than that payable on judgment debts in the High Court at the date of the issue of the summons.

Section 4

Order 6, rule 5 shall be amended by inserting, after paragraph (1), the following paragraphs:—

(1A) Where a plaintiff claims as mortgagee possession of land which consists of or includes a dwelling house, he shall state, in his particulars of claim, whether either a land charge of Class F has been registered or a notice or caution pursuant to section 2(7) of the Matrimonial Homes Act 1967 has been entered and, if so, he shall state the name and address of the person whose interest in the house is so protected and shall file a copy of the particulars of claim for service on that person.

(1B) Where particulars of a charge-holder are given pursuant to paragraph (1A), a copy of the summons and a copy of the particulars of claim, together with notice of the action, shall be served on the charge-holder in accordance with Order 7, rule 1.

Section 5

Order 9, rule 14(1) shall be amended by substituting, for the words “of not less than £500” , the words “exceeding £500” .

Section 6

Order 13, rule 7(1)(g) shall be amended by substituting, for the words from “section 21” to “Act 1970” , the words “sections 33 to 35 of the Supreme Court Act 1981” .

Section 7

Order 13, rule 7(3) shall be amended by substituting, for the words from “section 21” to “Act of 1970” , the words “section 33(1) or 33(2) of the said Act of 1981” .

Section 8

Order 13, rule 7(4) shall be amended by substituting, for the words “section 32 of the said Act of 1970” , the words “section 34 of the said Act of 1981” .

Section 9

Order 20, rule 7(1) shall be amended by substituting, for the words “not less than 7 days” , the words “within 7 days” .

Section 10

Order 13 shall be amended by adding, after rule 11, the following new rule:—

Interim payments

(12)

(1) Subject to the following paragraphs of this rule, the provisions of R.S.C. Order 29 Part II shall apply in relation to proceedings in a county court in which the sum claimed or amount involved exceeds £500.

(2) R.S.C. Order 29, rule 10 shall apply with the substitution in rule 10(4), for the words “not less than 10 clear days before the return day” , of the words “not less than 7 days before the day fixed for the hearing of the application” .

(3) R.S.C. Order 29, rule 13(1) shall apply with the substitution, for the reference to R.S.C. Order 80, rule 12, of a reference to Order 10, rule 11 of these Rules.

(4) R.S.C. Order 29, rule 14 shall not apply but where an application is made for an order requiring the defendant to make an interim payment the court may treat the hearing of the application as a pre-trial review and Order 17 with the necessary modifications shall apply accordingly.

Section 11

Order 25, rule 7(4) shall be amended by substituting, for the words from “forthwith” to the end, the words “send the money to the judgment creditor in the manner prescribed by the County Court Funds Rules and make a return to the proper officer of the home court.” .

Section 12

Order 28, rule 10(2)(a) shall be amended by adding after item (i) the following item—

(ii) a fee to counsel if the court certifies that the case is fit for counsel;

and the following items shall be re-numbered accordingly.

Section 13

Item 12(c) in Appendix A shall be amended by adding at the end the words

or application for attachment of earnings order

Section 14

Paragraph (d)(i) and the word “or” at the end of item (i) in Column 1 of the Table in Appendix B, Part II shall be omitted.

Section 15

Order 38, rule 13(2) shall be amended by substituting, for the figures “£12” and “£17” , the figures “£13” and “£18” respectively.

Section 16

Order 38, rule 14(1) shall be amended by substituting, for the figures “£17” , “£34” and “£68” wherever they appear in the Table, the figures “£18” , “£37” and “£73” respectively.

Section 17

Appendix A shall be amended by substituting, for the entries in the last 3 columns corresponding to the numbered items, the following:—

FOR ALL SCALES

5–20

FOR ALL SCALES

5–19

FOR ALL SCALES

3.50 per page (or proportionately)

2.50 per page (or proportionately)

FOR ALL SCALES

0.50p per page

0.80p per page

1.15p per page

FOR ALL SCALES

9–54

such sum as is fair and reasonable not exceeding

300

such sum as is fair and reasonable not exceeding

755

FOR ALL SCALES

9

Section 18

Appendix B Part I paragraph 4 shall be amended by substituting, for the Tables of Fixed Costs, the following Tables:—

TABLES OF FIXED COSTS

Where claim exceeds £25 but does not exceed £250

Where claim exceeds £250 but does not exceed £600

Where claim exceeds £600 but does not exceed £2,000

Where claim exceeds £2,000

Section 19

Appendix B Part II shall be amended by substituting, for the Table, the following Table—

Fixed Costs on Judgments

(d) Where judgment is given in a fixed date action for—

(ii) delivery of goods; or

(iii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent,

and the defendant has neither delivered a defence, admission or counterclaim, nor 2otherwise denied liability

Section 20

Appendix B Part III shall be amended by substituting, for the amounts to be allowed corresponding to the numbered items, the following:—

Section 21

Appendix C paragraph 2 shall be amended by substituting, for the Table, the following:—

Section 22

(1) Nothing in these Rules shall, unless expressly so provided, apply to anything done before they come into operation.

(2) Where costs fall to be fixed or assessed under Appendix B or C by virtue of a judgment or order given, entered or made after the date of the coming into operation of the preceding Rules, they may be fixed, or assessed, as the case may be, as if all the work to which they relate had been done after that date.