The County Court (Amendment No. 3) Rules 1995

• Citation: S.I. 1995/2838
• Sections: 16

Section 1 Citation and interpretation

(1) These Rules may be cited as the County Court (Amendment No. 3) Rules 1995.

(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 Small claims

Order 14, rule 11(1B) shall be omitted.

Section 3 Small claims

For Order 19, rule 3(1) there shall be substituted the following—

(3)

(1) Any proceedings, except those mentioned in paragraph (1A), in which the sum claimed or amount involved does not exceed £3,000 (leaving out of account the sum claimed or amount involved in any counterclaim) shall stand referred for arbitration by the district judge upon the receipt by the court of a defence to the claim.

(1A) Paragraph (1) shall not apply to proceedings which include—

(a) a claim for possession of land;

(b) a claim for damages for personal injuries which exceeds £1,000.

Section 4 Small claims

Order 19, rule 3(2)(a) shall be amended by omitting the word “exceptional”.

Section 5 Small claims

In Order 19, rule 4(3)(b) for the sum “£29” there shall be substituted the sum “£50”.

Section 6 Conditional fee agreements

After Order 38, rule 21(4) there shall be inserted the following new paragraph—

(4A) On a taxation of costs payable to a solicitor by his own client where the solicitor and his client have entered into a conditional fee agreement as defined by section 58 of the Courts and Legal Services Act 1990 , the provisions of this Order shall have effect subject to RSC Order 62, rule 15A .

Section 7 Costs

Order 38, rule 13(2) shall be amended by substituting, for the figures “£20.25” and “£29.00”, the figures “£22.50” and “£32.25” respectively.

Section 8 Costs

Order 38, rule 14(1) shall be amended by substituting, for the figures “£29.00”, “£57.00”and “£112.50” wherever they appear in the Table, the figures “£32.25”, “£63.50” and “£125.00”respectively.

Section 9 Costs

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

6.00 per page (or proportionately)

4.00 per page (or proportionately)

(4)

(a) 0.80 per page

1.20 per page

1.65 per page

0.25 per page

0.50 per page

On conference in chambers or elsewhere:

for each half hour or part thereof

and for leading counsel

Section 10 Costs

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

Where claim exceeds £25 but does not exceed £250

Where service is not by solicitor

Where service is by solicitor

Where claim exceeds £250 but does not exceed £600

Where service is not by solicitor

Where service is by solicitor

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

Where service is not by solicitor

Where service is by solicitor

Where claim exceeds £2,000

Where service is not by solicitor

Where service is by solicitor

Section 11 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 12 Costs

Appendix B, Part III shall be amended by–

(1) inserting, after the words “the circumstances mentioned.”, the following new sentence “The appropriate court fee shall be allowed in addition.”;

(2) omitting the words in item 10 “; the court fee to be allowed in addition as a disbursement”.

Section 13 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–

(7)

(a) where the money recovered is less than £70.00

where the money recovered is not less than £70.00

Section 14 Costs

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

Section 15 Miscellaneous amendments

Order 9, rule 8(1) and (3) shall be amended by substituting for “rule 3(3)”, “rule 3(1)”.

Section 16 Miscellaneous amendments

Order 25, rule 3 shall be amended as follows—

(1) in paragraph (1), after the words “Where a person has obtained a judgment or order in a county court for the payment of money”, there shall be inserted the words “or where an order has been made under rule 12 of this Order”;

(2) in paragraph (1A), for the words “judgment or order”, there shall be substituted the words “judgment, order or award (as that word is defined by rule 12(1) of this Order)”.