The County Court (Amendment) Rules 1991

• Citation: S.I. 1991/525
• Sections: 17

Section 1 Citation and interpretation

(1) These Rules may be cited as the County Court (Amendment) Rules 1991.

(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 Applications for injunctions

For Order 13, rule 6(3) and (4), there shall be substituted the following–

(3) The application shall be made in the appropriate prescribed form and shall–

(a) state the terms of the injunction applied for; and

(b) be supported by an affidavit in which the grounds for making the application are set out,

and a copy of the affidavit and a copy of the application shall be served on the party against whom the injunction is sought not less than 2 days before the hearing of the application.

(3A) Where an order is sought ex parte before a copy of the application has been served on the other party, the affidavit shall explain why the application is so made and a copy of any order made ex parte shall be served with the application and affidavit in accordance with paragraph (3).

(4) An application may not be made before the issue of the summons, originating application or petition by which the action or matter is to be commenced except where the case is one of urgency, and in that case–

(a) the affidavit in support of the application shall show that the action or matter is one which the court to which the application is made has jurisdiction to hear and determine, and

(b) the injunction applied for shall, if granted, be on terms providing for the issue of the summons, originating application or petition in the court granting the application and on such other terms, if any, as the court thinks fit.

(4A) Paragraph (4)(a) and (b) shall apply, with the necessary modifications, where an application for an injunction is made by a defendant in a case of urgency before issuing a counterclaim or cross-application.

Section 3 Applications for injunctions

In Order 29, rule 1(4), for the words “calling on that person to show cause why a committal order should not be made against him”, there shall be substituted the words “warning him that an application will be made for him to be committed”.

Section 4 Applications for injunctions

After Order 29, rule 1(4), there shall be inserted the following–

(4A) The request for issue of the notice under paragraph (4) shall–

(a) identify the provisions of the injunction or undertaking which it is alleged have been disobeyed or broken;

(b) list the ways in which it is alleged that the injunction has been disobeyed or the undertaking has been broken,

(c) be supported by an affidavit stating the grounds on which the application is made,

and, unless service is dispensed with under paragraph (7), a copy of the affidavit shall be served with the notice.

Section 5 Applications for injunctions

For Order 29, rule 1(5), there shall be substituted the following–

(5) If a committal order is made, the order shall be for the issue of a warrant of committal and, unless the judge otherwise orders–

(a) 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; or

(b) where the warrant has been signed by the judge, the order for issue of the warrant may be served on the person to be committed at any time within 36 hours after the execution of the warrant.

Section 6 Applications for injunctions

In Order 29, rule 1(7), the words “to show cause” shall be omitted.

Section 7 Applications for injunctions

After Order 29, rule 1, there shall be inserted the following new rule–

Undertaking given by party

(1A) Rule 1 (except paragraph (6)) shall apply to undertakings as it applies to orders with the necessary modifications and as if–

(a) for paragraph (2) of that rule there were substituted the following –

(2) A copy of the document recording the undertaking shall be delivered by the proper officer to the party giving the undertaking–

(a) by handing a copy of the document to him before he leaves the court building; or

(b) where his place of residence is known, by posting a copy to him at his place of residence; or

(c) through his solicitor,

and, where delivery cannot be effected in this way, the proper officer shall deliver a copy of the document to the party for whose benefit the undertaking is given and that party shall cause it to be served personally as soon as is practicable.

(b) in paragraph (7), the words from ‘a copy of’ to ‘paragraph (2) or’ were omitted.

Section 8 Applications for injunctions

For Order 47, rule 8(3), there shall be substituted the following–

(3) Order 13, rule 6(3) and (3A) shall apply to an application under section 1 as if the application were an interlocutory application for an injunction and Order 3, rule 4(2)(a), (3)(b) and (4)(b) shall not apply.

Section 9 Applications for injunctions

For Order 47, rule 8(7), there shall be substituted the following–

(7) The judge before whom a person arrested is brought pursuant to section 2(4) may exercise his power to punish that person for disobedience to the injunction, notwithstanding that a copy of the injunction has not been served on him in accordance with Order 29, rule 1(2), and that no notice has been issued or served on him pursuant to Order 29, rule 1(4), if the judge is satisfied that the person arrested was aware of the injunction either by being present when it was granted or by being notified of its terms whether by telephone or otherwise.

(7A) The judge before whom a person is brought pursuant to section 2(4) may adjourn the proceedings and, where such an order is made, the arrested person shall be released and–

(a) be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and

(b) be given not less than 2 days' notice of the adjourned hearing,

but nothing in this paragraph shall prevent the issue of a notice under Order 29, rule 1(4) if the arrested person is not dealt with within the period mentioned in sub-paragraph (a) above.

Section 10 Affidavits

For Order 20, rule 10(3), there shall be substituted the following new paragraph–

(3) Every affidavit must be marked in the top right hand corner of the first page and in the top right hand corner of the back sheet with–

(a) the party on whose behalf the affidavit is filed;

(b) the initials and surname of the deponent;

(c) the number of the affidavit in relation to the deponent;

(d) the date on which it is sworn, and

(e) the date on which it is filed.

Section 11 Costs

Order 38, rule 13(2) shall be amended by substituting, for the figures “£18.50” and “£26.00”, the figures “£19.75” and “£28.00” respectively.

Section 12 Costs

Order 38, rule 14(1) shall be amended by substituting, for the figures “£26.00”, “£51.50” and “£102.00” wherever they appear in the Table, the figures “£28.00”, “£55.00” and “£109.00” respectively.

Section 13 Costs

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

Section 14 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

Where claim exceeds £25 but does not exceed £250

(a) Where service is not by solicitor

(b) Where service is by solicitor

Where claim exceeds £250 but does not exceed £600

(a) Where service is not by solicitor

(b) Where service is by solicitor

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

(a) Where service is not by solicitor

(b) Where service is by solicitor

Where claim exceeds £2,000

(a) Where service is not by solicitor

(b) Where service is by solicitor

Section 15 Costs

Appendix B, Part II shall be amended by substituting, for the entries in column 2, corresponding to the lettered paragraphs in column 1, the following–

Section 16 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–

Section 17 Costs

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