The County Court (Amendment) Rules 1987

• Citation: S.I. 1987/493
• Sections: 13

Section 1 Citation and interpretation

(1) These Rules may be cited as the County Court (Amendment) Rules 1987.

(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 Forfeiture of leasehold property

Order 6, rule 3(f) shall be amended by omitting the word “either”.

Section 3 Payment of money into and out of court

Order 11, rule 3(1) shall be amended by substituting, for the words “within 14 days”, the words “within 21 days”.

Section 4 Summary proceedings for the recovery of land

Order 24 shall be amended as follows:–

(1) for rule 3(2) there shall be substituted the following paragraph:

(2) Where any person not named as a respondent is in occupation of the land, the originating application shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by–

(a) affixing a copy of each of the documents mentioned in paragraph (1)(a) to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of those documents enclosed in a sealed transparent envelope addressed to “the occupiers”, or

(b) placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to “the occupiers” and containing a copy of each of the documents mentioned in paragraph (1)(a)

(2) in rule 5(1) for the words “shall not be less than 5 days after the day of service” there shall be substituted the words

–

in the case of residential premises, shall not be less than five days after the day of service, and

in the case of other land, shall not be less than two days after the day of service.

Section 5 Costs

Order 38, rule 13(2) shall be amended by substituting, for the figures “£14.50” and “£20.50”, the figures “£15.00” and “£21.50” respectively.

Section 6 Costs

Order 38, rule 14(1) shall be amended by substituting, for the figures “£20.50”, “£41.00” and “£82.00” wherever they appear in the Table, the figures “£21.50”, “£43.00” and “£85.00” respectively.

Section 7 Costs

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

Section 8 Costs

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

TABLES OF FIXED COSTS

TABLE I

Where claim exceeds £25 but does not exceed £250

(a) Where service is not by solicitor

(b) Where service is by solicitor

TABLE II

Where claim exceeds £250 but does not exceed £600

(a) Where service is not by solicitor

(b) Where service is by solicitor

TABLE III

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

(a) Where service is not by solicitor

(b) Where service is by solicitor

TABLE IV

Where claim exceeds £2,000

(a) Where service is not by solicitor

(b) Where service is by solicitor

Section 9 Costs

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

Fixed Cost on Jugments

(a) Where judgment is entered in a default action in default of defence

(b) Where judgment is entered on the defendant’s admission and the plaintiff’s acceptance of his proposal as to mode of payment

(c) Where judgment is entered on an admission delivered by the defendant and the court’s decision is given as to the date of payment or instalments by which payment is to be made

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

(i) delivery of goods, or

(ii) 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 counter-claim nor otherwise denied liability

(e) Where summary judgment is given under Order 9, rule 14.

Section 10 Costs

Appendix B, Part III shall be amended by substituting, for paragraphs (a) and (b) of item 7 and for the amounts to be allowed corresponding to the numbered items, the following:–

(1) 7.50 2 7.50 3 1.25 4 4.80 5 15.20 6 5.00 7 a where the money recovered is less than £54

(b) where the money recovered is not less than £54

(8)

(9)

Section 11 Costs

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

Section 12 Agricultural Holdings Act 1986

Order 44 shall be amended as follows:–

(1) for the heading there shall be substituted the words “The Agricultural Holdings Act 1986”;

(2) in rule 1(1), for the words “paragraph 24 of the Sixth Schedule to the Agricultural Holdings Act 1948”, there shall be substituted the words “paragraph 26 of Schedule 11 to the Agricultural Holdings Act 1986”;

(3) in rule 2(1), for the words “the said paragraph 24”, there shall be substituted the words “the said paragraph 26”;

(4) in rule 3(1), for the words “paragraph 25 of the Sixth Schedule to the said Act of 1948”, there shall be substituted the words “paragraph 27 of Schedule 11 to the said Act of 1986”;

(5) in rule 4(1), for the words “section 6 of the Agricultural Holdings (Notices to Quit) Act 1977”, there shall be substituted the words “section 27 of the Agricultural Holdings Act 1986”.

Section 13 Landlord and Tenant Act 1985

Order 49, rule 7 shall be amended as follows:–

(1) for the heading there shall be substituted the words “Landlord and Tenant Act 1985”;

(2) for the words “section 33(6) of the Housing Act 1961” there shall be substituted the words “section 12(2) of the Landlord and Tenant Act 1985”;

(3) for the words “section 32 of that Act” there shall be substituted the words “section 11 of that Act”.