The County Court (Amendment No. 3) Rules 1989

• Citation: S.I. 1989/1838
• Sections: 58

Section 1 Citation

(1) These Rules may be cited as the County Court (Amendment No. 3) Rules 1989.

(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 Curtailment of county courts' banking function

In the Arrangement of Orders, for the entry “11. Payment into and out of court.”, there shall be substituted the entry “11. Payment into and out of court and between the parties.”.

Section 3 Curtailment of county courts' banking function

For Order 8, rule 7, there shall be substituted the following–

(7) When giving leave to serve a process out of England and Wales the court shall–

(a) in the case of a default summons, fix the time for delivering an admission or defence at the court office or paying the total amount of the claim and costs to the plaintiff, and

(b) in any other case, fix the return day,

and in so doing shall have regard to the distance of the country of service.

Section 4 Curtailment of county courts' banking function

For Order 9, rule 3(2), there shall be substituted the following–

(2) If the plaintiff accepts the amount admitted (where it is less than the amount claimed) and any proposal as to the time of payment, he may, upon filing a request in that behalf, stating what (if any) payment has been made, have judgment entered for the amount admitted and costs (less any payments made).

Section 5 Curtailment of county courts' banking function

For Order 9, rule 3(3), there shall be substituted the following–

(3) If the plaintiff notifies the proper officer that he accepts the amount admitted and that he does not accept the defendant’s proposal as to time of payment, he shall in his notice give his reasons for the non-acceptance and state what (if any) payments have been made.

Section 6 Curtailment of county courts' banking function

Order 9, rule 6(1) shall be amended–

(a) by substituting, for the words “into court” in sub-paragraph (a), the words “to the plaintiff”; and

(b) by substituting, for the words from “the plaintiff may” to the end, the following–

the plaintiff may, upon filing a request in that behalf stating what (if any) payment has been made and, unless otherwise directed, producing the plaint note, have judgment entered against the defendant for the amount of the claim and costs (less any payments made), and the order shall be for payment forthwith or at such time or times as the plaintiff may specify.

Section 7 Curtailment of county courts' banking function

In the title to Order 11, after the words “OUT OF COURT”, there shall be added the words “AND BETWEEN THE PARTIES”.

Section 8 Curtailment of county courts' banking function

For Order 11, rule 1(1) and (2), there shall be substituted the following–

(1) In any action for debt or damages any defendant may at any time before judgment pay a sum of money (being a sum less than that which is claimed) into court 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 and, where such a payment is made, the defendant shall state that the money is paid in satisfaction of the said cause or causes of action.

Section 9 Curtailment of county courts' banking function

In Order 11, rule 1(4), for the words “under paragraph (1)(a)”, there shall be substituted the words “under paragraph (1)”.

Section 10 Curtailment of county courts' banking function

For Order 11, rule 1(5) there shall be substituted the following–

(5) Where two or more causes of action are joined in the action, a payment under paragraph (1) shall be accompanied by a notice–

(a) stating that the payment is made in respect of all those causes of action or specifying 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, specifying the sum paid in respect of each,

and, for the purposes of this paragraph, a payment stated (in whatever terms) to be made in satisfaction of the plaintiff’s claim shall, subject to paragraph (6), be treated as being made in satisfaction of all the causes of action.

Section 11 Curtailment of county courts' banking function

In Order 11, rule 1(9), for the words “the notice given under paragraph (2) must state,”, there shall be substituted the words “the payment shall be accompanied by a notice stating,”.

Section 12 Curtailment of county courts' banking function

After Order 11, rule 1, there shall be inserted the following new rule–

Misdirected payments

(1A) A party who receives any payment which under rule 1(1) is required to be made to the court shall forthwith notify the proper officer in writing and the money so paid shall be paid into court.

Section 13 Curtailment of county courts' banking function

In Order 11, rule 2(1), for the words “into court under rule 1”, there shall be substituted the words “to the plaintiff”.

Section 14 Curtailment of county courts' banking function

For Order 11, rule 2(3), there shall be substituted the following–

(3) In any case to which paragraph (2) does not apply, the defendant shall not be liable for any costs incurred after receipt by the plaintiff of the payment, but–

(a) except as provided in sub-paragraph (b), the plaintiff may lodge for taxation a bill of the costs incurred by him before receipt of the payment and, if the costs allowed on taxation are not paid within 14 days after taxation, may have judgment entered for them and the costs of entering judgment;

(b) if an order is required under rule 4(2) for payment of the money out of court, the plaintiff may apply for an order for such costs.

Section 15 Curtailment of county courts' banking function

In Order 11, rule 3(1), for the words from “Where the amount” to “less than the amount claimed”, there shall be substituted the words “Where the defendant pays a sum of money into court under rule 1(1)”.

Section 16 Curtailment of county courts' banking function

In Order 11, rules 3(2)(a) and 7(1), for the words “under rule 1(1)(a)”, there shall be substituted the words “under rule 1(1)”.

Section 17 Curtailment of county courts' banking function

In Order 11, rule 4(1), for the words “under rule 2(1) or 3(3)”, there shall be substituted the words “under rule 3(3)”.

Section 18 Curtailment of county courts' banking function

In Order 16, rule 5(1), the words “, or section 174 of the Act” shall be omitted.

Section 19 Curtailment of county courts' banking function

In Order 16, rule 5(2), for the words “County Court Funds Rules”, there shall be substituted the words “Court Funds Rules 1987 ”.

Section 20 Curtailment of county courts' banking function

Order 16, rule 8 shall be revoked.

Section 21 Curtailment of county courts' banking function

After Order 21, rule 3, there shall be inserted the following new rule–

Payments received after hearing fixed

(3A) Where, after a day has been fixed for the hearing of an action or matter, payment of all or part of the amount claimed is made, the plaintiff shall forthwith inform the proper officer.

Section 22 Curtailment of county courts' banking function

For Order 22, rule 1(1), there shall be substituted the following–

(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 all parties to the proceedings.

Section 23 Curtailment of county courts' banking function

For Order 22, rule 1(3), there shall be substituted the following–

(3) Where judgment is entered in a default action under Order 9, rule 6(1), for payment forthwith, it shall be necessary to draw up and serve the judgment only where–

(a) a request to issue enforcement proceedings has not been made;

(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; or

(d) an application to which Order 35, rule 3 applies is to be made.

Section 24 Curtailment of county courts' banking function

Order 22, rule 1(4) shall be omitted.

Section 25 Curtailment of county courts' banking function

After Order 22, rule 1, there shall be inserted the following new rule–

Payment of money under judgments

(1A) Except where under these rules or the Court Funds Rules 1987 money is authorised or required to be paid into court, all monies payable under a judgment or order shall be paid to the party in whose favour the judgment or order is given or made.

Section 26 Curtailment of county courts' banking function

For Order 22, rule 9, there shall be substituted the following new rule–

Misdirected payments

(9) A party who receives any payment which is, by or under these rules or the Court Funds Rules 1987, required to be made to the court shall forthwith notify the proper officer in writing and, where the payment is–

(a) made by or on behalf or in respect of a person under disability; or

(b) ordered to be paid into court to abide the event or as a condition of granting an application; or

(c) required to be paid into court by Order 31, rule 4(5),

the money so paid shall be paid into court.

Section 27 Curtailment of county courts' banking function

For Order 25, rule 2(3)(b), there shall be substituted the following–

(b) any payment which, by or under these rules or the Court Funds Rules 1987, is authorised or required to be made into court shall be made into that court, and

Section 28 Curtailment of county courts' banking function

After Order 25, rule 3(1), there shall be inserted the following–

(1A) An application under paragraph (1) shall certify the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

Section 29 Curtailment of county courts' banking function

For Order 25, rule 5, there shall be substituted the following–

Production of plaint note and other information

(5)

(1) On filing–

(a) a request for a warrant of execution, delivery or possession,

(b) a request for a judgment summons or warrant of committal,

(c) an application for a garnishee order under Order 30, rule 1, or

(d) an application for a charging order,

the judgment creditor shall, if the judgment or order sought to be enforced is a judgment or order of a county court, produce the plaint note or originating process unless otherwise directed.

(2) Where the judgment creditor has filed any request or application referred to in paragraph (1) or is seeking to enforce a judgment or order by making an application under rule 3 or under Order 27 or 32, he shall forthwith notify the proper officer of any payment received from the debtor in respect of the judgment to be enforced after the date of the application and before–

(a) the final return to the warrant of execution, delivery or possession; or

(b) in any other case, the date fixed for the hearing of the application.

(3) Without prejudice to rule 8(5)(b), where the judgment creditor applies to re-issue enforcement proceedings, he shall file a request in that behalf certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and stating why re-issue is necessary.

Section 30 Curtailment of county courts' banking function

For Order 25, rule 8(5)(b), there shall be substituted the following–

(b) subject to any directions given by the court, the warrant may be re-issued on the judgment creditor’s filing a request pursuant to rule 5(3) showing that any condition subject to which the warrant was suspended has not been complied with.

Section 31 Curtailment of county courts' banking function

For Order 26, rule 1(1), there shall be substituted the following–

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

(a) the amount remaining due under the judgment or order; and

(b) where the order made is for payment of a sum of money by instalments,

(i) that the whole or part of any instalment due remains unpaid; and

(ii) the amount for which the warrant is to be issued.

Section 32 Curtailment of county courts' banking function

For Order 26, rule 1(4), there shall be substituted the following–

(4) Where a warrant is issued for the whole or part of the said sum of money and costs, the proper officer shall, unless the registrar responsible for execution of the warrant directs otherwise, send a warning notice to the person against whom the warrant is issued and, where such a notice is sent, the warrant shall not be levied until 7 days thereafter.

Section 33 Curtailment of county courts' banking function

For Order 26, rule 14, there shall be substituted the following–

(14) Where, after a warrant has been sent to a foreign court for execution but before a final return has been made to the warrant, the home court is notified of a payment made in respect of the sum for which the warrant is issued, the proper officer of the home court shall send notice of the payment to the proper officer of the foreign court.

Section 34 Curtailment of county courts' banking function

After Order 26, rule 16(4), there shall be inserted the following–

(4A) Where a judgment or order is given or made for the delivery of goods or payment of their value and a warrant is issued to recover the goods or their value, money paid into court under the warrant shall be appropriated first to any sum of money and costs awarded.

Section 35 Curtailment of county courts' banking function

After Order 26, rule 17(3), there shall be inserted the following–

(3A) In a case to which paragraph (3) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the judgment creditor shall in his request certify–

(a) the amount of money remaining due under the judgment or order, and

(b) that the whole or part of any instalment due remains unpaid.

Section 36 Curtailment of county courts' banking function

In Order 27, rule 4(1), for the words from “A judgment creditor” to “application”, there shall be substituted the following–

(1) A judgment creditor who desires to apply for an attachment of earnings order shall file his application certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid

Section 37 Curtailment of county courts' banking function

Order 27, rule 7(7) shall be omitted.

Section 38 Curtailment of county courts' banking function

For Order 27, rule 8(1), there shall be substituted the following–

(1) An order made under section 23(1) of the Act of 1971 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order shall–

(a) be served on the debtor personally not less than 5 days before the day fixed for the adjourned hearing; and

(b) direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

Section 39 Curtailment of county courts' banking function

For Order 28, rule 1(2), there shall be substituted the following–

(2) The judgment creditor shall make his application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

Section 40 Curtailment of county courts' banking function

Order 28, rule 6 shall be revoked.

Section 41 Curtailment of county courts' banking function

For Order 28, rule 12, there shall be substituted the following–

(12) Where, after a warrant of committal has been sent to a foreign court for execution but before the debtor is lodged in prison, the home court is notified that an amount which is less than the sum on payment of which the debtor is to be discharged has been paid, the proper officer of the home court shall send notice of the payment to the proper officer of the foreign court.

Section 42 Curtailment of county courts' banking function

In Order 30, rule 2, the words “and the amount remaining unpaid under it at the time of the application” in paragraph (b) and the word “and” at the end of paragraph (c) shall be omitted and, after paragraph (d), there shall be inserted the following–

, and

certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

Section 43 Curtailment of county courts' banking function

Order 30, rules 4 and 6 shall be revoked.

Section 44 Curtailment of county courts' banking function

For the title to Order 30, rule 7, there shall be substituted the following–

Order where no notice given etc.

Section 45 Curtailment of county courts' banking function

Order 30, rule 7(1)(a) shall be amended by omitting the words “make a payment into court under rule 4 or”.

Section 46 Curtailment of county courts' banking function

For Order 30, rule 8, there shall be substituted the following–

Directions where dispute as to notice under rule 5

(8) Where the garnishee in a notice given under rule 5 makes an allegation which the judgment creditor disputes, the court shall on the return day give directions for the determination of the question at issue.

Section 47 Curtailment of county courts' banking function

In Order 30, rule 9, the words “no payment into court has been made under rule 4 and” shall be omitted.

Section 48 Curtailment of county courts' banking function

In Order 30, rule 11, the words “either under rule 4 or” shall be omitted.

Section 49 Curtailment of county courts' banking function

After Order 31, rule 1(2)(a), there shall be inserted the following–

(aa) certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid;

Section 50 Curtailment of county courts' banking function

After Order 31, rule 4(4), there shall be inserted the following–

(5) The net proceeds of sale, after discharging any prior incumbrances and deducting the amount referred to in paragraph (1)(b) and the costs of the sale, shall be paid into court.