County Courts Act 1984, Lecture notes of Remedies

Download County Courts Act 1984 and more Lecture notes Remedies in PDF only on Docsity! Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes County Courts Act 1984 CHAPTER 28 COUNTY COURTS ACT 1984 PART I CONSTITUTION AND ADMINISTRATION The county court A1 Establishment of a single county court County courts and districts 1 County courts to be held for districts. 2 County court districts etc. Places and times of sittings of courts 3 Places and times of sittings. 4 Use of public buildings for courts. Judges 5 Judges of the county court District judges and deputy district judges 6 District judges. 7 Constitution and Administration 8 Deputy district judges. 9 Qualifications for appointment as district judge. 10 Constitution and Administration 11 Tenure of office. 12 Records of proceedings to be kept .... ii County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Miscellaneous provisions as to officers 13 Officers of court not to act as legal representatives in that court. 14 Penalty for assaulting officers. PART II JURISDICTION AND TRANSFER OF PROCEEDINGS Actions of contract and tort 15 General jurisdiction in actions of contract and tort. 16 Money recoverable by statute. 17 Abandonment of part of claim to give court jurisdiction. 18 Jurisdiction by agreement in certain actions. 19 Jurisdiction and Transfer of Proceedings 20 Jurisdiction and Transfer of Proceedings Recovery of land and cases where title in question 21 Actions for recovery of land and actions where title is in question. 22 Jurisdiction and Transfer of Proceedings Equity proceedings 23 Equity jurisdiction. 24 Jurisdiction by agreement in certain equity proceedings. Family provision proceedings 25 Jurisdiction under Inheritance (Provision for Family and Dependants) Act 1975. Admiralty proceedings 26 Districts for Admiralty purposes. 27 Admiralty jurisdiction. 28 Mode of exercise of Admiralty jurisdiction. 29 Jurisdiction and Transfer of Proceedings 30 Restrictions on entertainment of actions in personam in collision and other similar cases. 31 Admiralty—interpretation. Probate proceedings 32 Contentious probate jurisdiction. 33 Effect of order of judge in probate proceedings. Miscellaneous provisions as to jurisdiction 34 Jurisdiction and Transfer of Proceedings 35 Division of causes of action. 36 No action on judgment of High Court. Exercise of jurisdiction and ancillary jurisdiction 37 Persons who may exercise jurisdiction of court. 38 Remedies available in county courts. County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 v Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Seizure and custody of goods etc. 89 Goods which may be seized. 90 Custody of goods seized. 91 Disposal of bills of exchange, etc., seized. 92 Penalty for rescuing goods seized. Sale of goods seized 93 Period to elapse before sale. 94 Goods not to be sold except by brokers or appraisers. 95 Appoint-ment of brokers, appraisers etc. 96 Power to appoint bailiffs to act as brokers and appraisers. 97 Sales under executions to be public unless otherwise ordered. 98 Protection of registrar selling goods under execution without notice of claim by third party. Claims in respect of goods seized 99 Endorsement of warrants of control etc. 100 Sale of goods to which claim is made. 101 Interpleader by registrar. 102 Claims for rent where goods seized in execution. Execution out of jurisdiction of court 103 Execution out of jurisdiction of court. 104 Information as to writs and warrants of execution. Execution in county court of judgments and orders of, or enforceable as judgments and orders of, High Court 105 Enforcement of Judgments and Orders Enforcement in High Court of judgments and orders of county courts 106 Enforcement of Judgments and Orders Receivers and attachment of debts 107 Receivers. 108 Attachment of debts. 109 Administrative and clerical expenses of garnishees. Miscellaneous provisions as to enforcement of judgments and orders 110 Penalty for non-attendance on judgment summons. 111 Provisions as to warrants of possession. PART VI ADMINISTRATION ORDERS 112 Power to make administration order. 113 Notice of order and proof of debts. 114 Effect of administration order. 115 Execution by registrar. 116 Right of landlord to distrain notwithstanding order. vi County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 117 Appropriation of money paid under order and discharge of order. PART VII COMMITTALS 118 Power to commit for contempt. 119 Issue and execution of orders of committal. 120 Prisons to which committals may be made. 121 Power of judge to order discharge. 122 Execution of committal orders out of jurisdiction of court. PART VIII RESPONSIBILITY AND PROTECTION OF OFFICERS 123 Registrar to have same responsibilities as sheriff. 124 Liability of bailiff for neglect to levy execution. 125 Irregularity in executing warrants. 126 Actions against bailiffs acting under warrants. 127 Warrants evidence of authority. PART IX MISCELLANEOUS AND GENERAL Financial Provisions 128 Fees. 129 Enforcement of fines. 130 Payment and application of fees, fines, etc. 131 Appointment of auditors and other officers. 132 Payment of salaries and expenses. Summonses and other documents 133 Proof of service of summonses etc. 134 Miscellaneous and General 135 Penalty for falsely pretending to act under authority of court. 136 Penalty for falsely representing document to have been issued from county court. 137 Lessee to give notice of summons for recovery of land. Forfeiture for non-payment of rent 138 Provisions as to forfeiture for non-payment of rent. 139 Service of summons and re-entry. 140 Interpretation of sections 138 and 139. Solicitors 141 Miscellaneous and General 142 Power to enforce undertakings of solicitors. 143 Prohibition on persons other than solicitors receiving remuneration for business done in county courts. County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 vii Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Replevin 144 Replevin. Power to raise monetary limits 145 Power to raise monetary limits. General 146 Lords Commissioners to representLord Chancellorwhen Great Seal in commission. 147 Interpretation. 148 Amendments of other Acts, transitory provisions, transitional provisions savings and repeals. 149 Extent. 150 Commencement. 151 Short title. SCHEDULES SCHEDULE 1 — Replevin 1 (1) The sheriff shall have no power or responsibility with... 2 (1) It shall be a condition of any security given... 3 Replevin SCHEDULE 2 — Amendments of Other Enactments Part I Trustee Act 1925 (c. 19) 1 The following section shall be inserted after section 63 of... Part II Law of Property Act 1925 (c. 20) 2 (1) At the end of the following sections of the... 3 (1) At the end of the following sections of that... 4 The following subsection shall be added at the end of... 5 The following subsection shall be added at the end of... 6 The following subsection shall be added at the end of... 7 (1) Section 181 of that Act (dissolution of a corporation)... 8 (1) Section 188 of that Act (power to direct division... 9 The following paragraph shall be inserted after section 205(1)(iii) of... 10 In Schedule 1 to that Act (transitional provisions)— Part III Administration of Estates Act 1925 (c. 23) 11 (1) Section 17 of the Administration of Estates Act 1925... 12 The following subsection shall be added at the end of... 13 The following subsection shall be inserted after subsection (1) of... 14 The following subsection shall be added at the end of... 15 The following paragraph shall be inserted after paragraph 1(iii) of... Part IV x County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Children Act 1975 (c. 72) 56 In subsection (2)(c) of section 100 of the Children Act... Local Land Charges Act 1975 (c. 76) 57 In section 10 of the Local Land Charges Act 1975... Adoption Act 1976 (c. 36) 58 In subsection (2)(c) of section 62 of the Adoption Act... Insolvency Act 1976 (c. 60) 59 In subsection (7) of section 11 of the Insolvency Act... 60 In subsection (1) of section 12 of that Act (administration... Race Relations Act 1976 (c. 74) 61 In subsection (5) of section 50 of the Race Relations... Rent (Agriculture) Act 1976 (c. 80) 62 In subsection (2) of section 8 of the Rent (Agriculture,... Rentcharges Act 1977 (c. 30) 63 In section 10 of the Rentcharges Act 1977 (provisions supplemental... Torts (Interference with Goods) Act 1977 (c. 32) 64 In subsection (5) of section 4 of the Torts (Interference... 65 In subsection (3) of section 9 of that Act (concurrent... 66 In subsection (1) of section 14 of that Act (interpretation),... Rent Act 1977 (c. 42) 67 In subsection (2) of section 147 of the Rent Act... Interpretation Act 1978 (c. 30) 68 In Schedule 1 to the Interpretation Act 1978 (definitions) in... Merchant Shipping Act 1979 (c. 39) 69 In paragraph (b) of subsection (3) of section 22 of... Arbitration Act 1979 (c. 42) 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charging Orders Act 1979 (c. 53) 71 In subsection (2) of section 1 of the Charging Orders... 72 In subsection (3) of section 5 of that Act (stop... Magistrates’ Courts Act 1980 (c. 43) 73 In section 87 of the Magistrates’ Courts Act 1980 (enforcement... 74 At the end of Schedule 6A to that Act (fines... County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 xi Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Judical Pensions Act 1981 (c. 20) 75 In subsection (2) of section 34 of the Judical Pensions... Contempt of Court Act 1981 (c. 49) 76 In subsection (1)(b) of section 13 of the Contempt of... Senior Courts Act 1981(c. 54) 77 In subsection (5) of section 100 of the Supreme Court... Administration of Justice Act 1982 (c. 53) 78 In Part IV of Schedule 3 to the Administration of... SCHEDULE 3 — Transitory and Transitional Provisions and Savings 1—3 Transitory and Transitional Provisions and Savings 10 Transitory and Transitional Provisions and Savings Administration Orders 4 (1) Any reference in Part VI of this Act to... County court 5 References in any enactment or document to a county court... 5A Any reference that would otherwise fall to be construed in... Former enactments 6 Any document referring to any former enactment relating to county... High bailiffs 7 References to a high bailiff in any enactment, Order in... Periods of time 8 Where a period of time specified in an enactment repealed... Offences 9 Nothing in this Act renders a person liable to punishment... General 11 Without prejudice to any express amendment made by this Act,... 12 Nothing in this Schedule shall be taken as prejudicing the... SCHEDULE 4 — Repeals — TABLE OF DERIVATIONS 12 County Courts Act 1984 (c. 28) Document Generated: 2022-05-13 Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to : – Pt. 6 substituted by 2007 c. 15 s. 106(1) (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 paras. 10(52), 47; S.I. 2014/954, art. 2(c)) – s. 14(1)(a) words substituted by 2003 c. 44 Sch. 26 para. 33(2) – s. 27(9) words substituted by 2013 c. 22 Sch. 9 para. 10(1)(a) (Not applied as words to be substituted do not appear) – s. 30 words substituted by 2013 c. 22 Sch. 9 para. 10(1)(a) (Not applied as words to be substituted do not appear) – s. 63(1) words substituted by 2013 c. 22 Sch. 9 para. 10(20)(a) (Effect not applied as the words to be substituted are not present because an earlier amendment has not been brought into force.) – s. 63(2) words inserted by 2013 c. 22 Sch. 9 para. 10(20)(c) (Effect not applied as the words to be inserted are not present because an earlier amendment has not been brought into force.) – s. 63(2A)(2B) omitted by 2013 c. 22 Sch. 9 para. 10(20)(d) (Effect not applied as the subsections to be omitted are not present because an earlier amendment has not been brought into force.) – s. 85(2) words substituted by 2013 c. 22 Sch. 9 para. 10(35)(b) (Words covered by the amendment have been changed already) – s. 85(3) words omitted by 2013 c. 22 Sch. 9 para. 10(35)(c) (Words covered by the amendment have been changed already) – s. 87(2) words omitted by 2013 c. 22 Sch. 9 para. 10(36)(b) (S. 87(2) has already been repealed) – s. 90 word substituted by 2013 c. 22 Sch. 9 para. 10(37) (S. 90 has already been repealed) – s. 91 words substituted by 2013 c. 22 Sch. 9 para. 10(38) (S. 91 has already been repealed) – s. 92(1)(a) words substituted by 2003 c. 44 Sch. 26 para. 33(3) – s. 95(1)(2) words substituted by 2013 c. 22 Sch. 9 para. 10(40)(a) (S. 95 has already been repealed) – s. 95(3) word substituted by 2013 c. 22 Sch. 9 para. 10(40)(b) (S. 95 has already been repealed) – s. 96(1) words substituted by 2013 c. 22 Sch. 9 para. 10(41) (S. 96 has already been repealed) – s. 97 word substituted by 2013 c. 22 Sch. 9 para. 10(42)(a) (S. 97 has already been repealed) – s. 97(1) words omitted by 2013 c. 22 Sch. 9 para. 10(42)(b) (S. 97 has already been repealed) – s. 98(1) word substituted by 2013 c. 22 Sch. 9 para. 10(43)(a) (S. 98 has already been repealed) – s. 98(1)(b) word substituted by 2013 c. 22 Sch. 9 para. 10(43)(b) (S. 98 has already been repealed) – s. 98(2) words substituted by 2013 c. 22 Sch. 9 para. 10(43)(c) (S. 98 has already been repealed) – s. 99(1) words omitted by 2013 c. 22 Sch. 9 para. 10(44)(a) (S. 99 has already been substituted) – s. 99(2)(a) words omitted by 2013 c. 22 Sch. 9 para. 10(44)(b) (S. 99 has already been substituted) – s. 99(2)(a) words substituted by 2013 c. 22 Sch. 9 para. 10(44)(c) (S. 99 has already been substituted)