The High Court and County Courts Jurisdiction Order 1991

• Citation: S.I. 1991/724
• Sections: 24

Section 1 Title and commencement

This Order may be cited as the High Court and County Courts Jurisdiction Order 1991 and shall come into force on 1st July 1991.

Section 1A Interpretation

In this Order—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) “the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014.

Section 2 Jurisdiction

(1) The County Court shall have jurisdiction under—

(a) sections ... 146 and 147 of the Law of Property Act 1925 ,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 26 of the Arbitration Act 1950 ,

(d) section 63(2) of the Landlord and Tenant Act 1954 ,

(e) section 28(3) of the Mines and Quarries (Tips) Act 1969 ,

(f) section 66 of the Taxes Management Act 1970 ,

(g) section 41 of the Administration of Justice Act 1970 ,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) section 13 of the Torts (Interference with Goods) Act 1977 ,

(j) section 87 of the Magistrates’ Courts Act 1980 ,

(k) sections 19 and 20 of the Local Government Finance Act 1982 ,

(l) sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 ,

(m) section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 ,

(n) sections 99, 102(5), 114, 195, 204, 230, 231 and 235(5) of the Copyright, Designs and Patents Act 1988 , ...

(o) section 40 of the Housing Act 1988 , and

(p) sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996,

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings ... .

(2) The County Court shall have jurisdiction under—

(a) section 10 of the Local Land Charges Act 1975 , and

(b) section 10(4) of the Rentcharges Act 1977 ,

where the sum concerned or amount claimed does not exceed £5,000.

(3) The County Court shall have jurisdiction under the following provisions of the Law of Property Act 1925 where the capital value of the land or interest in land which is to be dealt with does not exceed £30,000:

(a) sections 3, 49, 66, 181, and 188;

(b) proviso (iii) to paragraph 3 of Part III of Schedule 1;

(c) proviso (v) to paragraph 1(3) of Part IV of Schedule 1;

(d) provisos (iii) and (iv) to paragraph 1(4) of Part IV of Schedule 1.

(4) The County Court shall have jurisdiction under sections 89, 90, 91 and 92 of the Law of Property Act 1925 where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed £30,000.

(5) The County Court shall have jurisdiction under the proviso to section 136(1) of the Law of Property Act 1925 where the amount or value of the debt or thing in action does not exceed £30,000.

(6) The County Court shall have jurisdiction under section 1(6) of the Land Charges Act 1972 —

(a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000;

(b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000;

(c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the capital value of the land affected does not exceed £30,000;

(d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 or an application for an order under that section relating to that land has been made to the court;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The County Court shall have jurisdiction under sections 69, 70 and 71 of the Solicitors Act 1974 where a bill of costs relates wholly or partly to contentious business done in the County Court and the amount of the bill does not exceed £5,000.

(7A) The County Court shall have jurisdiction under the following provisions of the Trade Marks Act 1994—

(a) sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;

(b) paragraph 12 of Schedule 1; and

(c) paragraph 14 of Schedule 2,

to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.

(7B) The County Court has jurisdiction in respect of any contentious probate matter arising in connection with an application for the grant or revocation of probate or administration where—

(a) the grant or application is made through the principal registry of the Family Division or a district probate registry under section 105 of the Senior Courts Act 1981; and

(b) it is shown to the satisfaction of the County Court that the value of the deceased’s net estate at the date of death does not exceed £30,000.

(7C) In paragraph (7B), “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property the deceased was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3 Injunctions

The High Court shall have jurisdiction to hear an application for an injunction made in the course of or in anticipation of proceedings in the County Court where the County Court may not, by virtue of regulations under section 38(3)(b) of the County Courts Act 1984 or otherwise, grant such an injunction.

Section 4 Allocation ...

Subject to articles 4A, 5, 6, 6A to 6E, proceedings in which both the County Court and the High Court have jurisdiction may be commenced either in the County Court or in the High Court.

Section 4A Allocation ...

Except for proceedings to which article 5 applies, a claim for money in which the County Court has jurisdiction may only be commenced in the High Court if the value of the claim is more than £100,000 .

Section 5

(1) Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the ... value of the claim is £50,000 or more.

(2) In this article “personal injuries” means personal injuries to the claimant or any other person, and includes disease, impairment of physical or mental condition, and death.

(3) This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).

Section 6

Applications and appeals under section 19 of the Local Government Finance Act 1982 and appeals under section 20 of that Act shall be commenced in the High Court.

Section 6A

Applications under section 1 of the Access to Neighbouring Land Act 1992 shall be commenced in the County Court .

Section 6B

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Section 6C

Proceedings for the exercise of the jurisdiction to wind up a company registered in England and Wales may be commenced only in the High Court if the place which has longest been the company’s registered office during the 6 months immediately preceding the presentation of the petition for winding up is in the district that is the London insolvency district for the purposes of the second Group of Parts of the Insolvency Act 1986.

Section 6D

Proceedings under section 1 of the Variation of Trusts Act 1958 may be commenced and taken only in the High Court.

Section 6E

Proceedings under sections 98, 641(1)(b) and 645 to 651 of the Companies Act 2006 may be commenced and taken only in the High Court.

Section 6F

The enactments listed in Part 1 of the Schedule to this Order are amended as specified therein, being amendments which are consequential on the amendments in articles 6C to 6E.

Section 6G

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Section 7 Allocation—Trial

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Section 8 Enforcement

(1) Subject to paragraph (1A) a judgment or order of the County Court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

(a) ... shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;

(b) shall be enforced only in the County Court where the sum which it is sought to enforce is less than £600 .

(c) in any other case may be enforced in either the High Court or the County Court .

(1A) A judgment or order of the County Court for the payment of a sum of money in proceedings arising out of an agreement regulated by the Consumer Credit Act 1974 shall be enforced only in the County Court .

(2) Subject to paragraph (3), where—

(a) an enactment provides that a sum of money shall be or may be recoverable as if it were payable under the County Court order; and

(b) the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

(3) Paragraph (1)(b) does not apply to the enforcement of—

(a) a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996; or

(b) a compromise sum which is recoverable under section 19A(3) of that Act.

(2) Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words “ Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991, ” .

Section 8A Enforcement of traffic penalties

(1) Proceedings for the recovery of—

(a) increased penalty charges provided for in charge certificates issued under—

(i) paragraph 6 of Schedule 6 to the 1991 Act; ...

(ii) paragraph 8 of Schedule 1 to the London Local Authorities Act 1996;

(iii) regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(iv) regulation 21 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 ; and

(v) regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008;

(b) amounts payable by a person other than a local authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act ; ...

(c) amounts payable by a person other than a local authority under an adjudication pursuant to—

(i) the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(ii) the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 ; and

(iii) the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008; and

(d) increased fixed penalties referred to in—

(i) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002; and

(ii) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003,

shall be taken in the County Court.

(2) In this article, “the 1991 Act ” means the Road Traffic Act 1991 ...

(3) In this article, “a local authority” means:—

(a) in England, a London borough council, the Common Council of the City of London, Transport for London , a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.

Section 8B Enforcement of possession orders against trespassers

(1) A judgment or order of the County Court for possession of land made in a possession claim against trespassers may be enforced in the High Court or the County Court .

(2) In this article “a possession claim against trespassers” has the same meaning as in Part 55 of the Civil Procedure Rules 1998.

Section 9 ... Value of claim

For the purposes of Articles 4A and 5, the ... value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.

Section 10

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Section 11 Crown proceedings—transitional provisions

For a period of two years from the date upon which this Order comes into force no order shall be made transferring proceedings in the High Court to which the Crown is a party to the County Court , except—

(a) when the proceedings are set down to be tried or heard; or

(b) with the consent of the Crown.

Section 12 Savings

This Order shall not apply to:

(a) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984 ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

There shall be no right of appeal under section 77 of the County Courts Act 1984 without the leave either of the judge of the county court or of the Court of Appeal where:

(a) the claim (or counter-claim, if larger) is for an amount not exceeding—

(i) in the case of proceedings in which the county courts have jurisdiction by virtue of section 15 or 16 of the County Courts Act 1984, £2,500 and

(ii) in the case of proceedings in which the county courts have jurisdiction by virtue of section 23 or 32 of the County Courts Act 1984, £15,000; or

(b) the determination sought to be appealed from was made by the judge acting in an appellate capacity.