The Country Court (Amendment) Rules 1983

• Citation: S.I. 1983/275
• Sections: 4

Section 1

(1) These Rules may be cited as the County Court (Amendment) Rules 1983.

(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.

Section 2

Rules 2 and 3 of the County Court Rules 1981 (Amendment No. 3) Rules 1982 are hereby revoked.

Section 3

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 claims shall contain a statement to that effect.

Section 4

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

“Recovery of interest

(8)

(1) The sum for which judgment is entered under rule 3(2) or 6(1) may include interest down to the date of the issue of the summons or, where it is claimed at the same rate in respect of the period down to judgment, to the date of the request for entry of judgment, provided that—

(a) particulars of the amount claimed down to issue, 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 issue of the summons.

(2) Where, in accordance with paragraph (1), the plaintiff requests the entry of judgment for interest in respect of a period subsequent to issue, he shall enter such interest on the appropriate form of request as an additional item, with particulars of the amount, rate and period.

(3) Save as provided by paragraph (1), where a judgment is sought under rule 3(2) or 6(1) in respect of a claim which includes a claim for interest, and the plaintiff so requests, the judgment shall, as regards the interest, be an interlocutory judgment for interest to be assessed.