Practice Directions and Amendments for English County Courts, Study notes of Civil procedure

Download Practice Directions and Amendments for English County Courts and more Study notes Civil procedure in PDF only on Docsity! 1 69th UPDATE – PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the Rolls under the powers delegated to him by the Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and are approved by Lord Faulks, Minister of State, by the authority of the Lord Chancellor. The amendments to the Pre-Action Protocol for Construction and Engineering Disputes and the Pre-Action Protocol for the Resolution of Clinical Disputes Clinical Disputes Forum are approved by the Master of the Rolls as Head of Civil Justice. The new Practice Directions and amendments to the existing Practice Directions, and the amendments to the Pre-Action Protocols come into force in accordance with paragraphs 1) to 4) of the commencement provisions as follows— Practice Directions – Generally Practice Direction 2A – Court Offices Practice Direction 2B – Allocation of Cases to Levels of Judiciary Practice Direction 3C – Civil Restraint Orders Practice Direction 3E – Costs Management Practice Direction 4 – Forms Practice Direction 5A – Court Documents Practice Direction 5C – Electronic working Scheme Practice Direction 7A – How to Start Proceedings – the Claim Form Practice Direction 7B – Consumer Credit Act 2006 – Unfair Relationships Practice Direction 7C – Production Centre Practice Direction 7E – Money Claim Online Practice Direction 8A – Alternative Procedure for Claims Practice Direction 19B – Group Litigation Practice Direction 22 – Statements of Truth Practice Direction 23A – Applications Practice Direction 25A – Interim Injunctions Practice Direction 26 – Case Management - Preliminary Stage: Allocation and Re-allocation Practice Direction 30 – Transfer 2 Practice Direction 34A – Depositions and Court Attendance by Witnesses Practice Direction 37 – Miscellaneous Provisions About Payments Into Court Practice Direction 45 – Fixed Costs Practice Direction 47 – Procedure for Detailed Assessment of Costs and Default Provisions Practice Direction 49A – Applications under the Companies Acts and Related Legislation Practice Direction 51A – Transitional Arrangements Practice Direction 51I – The Second Mediation Service Pilot Scheme Practice Direction 52B – Appeals in the County Courts and High Court Practice Direction 52D – Statutory Appeals and Appeals subject to Special Provision Practice Direction 55A – Possession Claims Practice Direction 55B – Possession Claims Online Practice Direction 56 – Landlord and Tenant Claims and Miscellaneous Provisions About Land Practice Direction 57 – Probate and Inheritance Practice Direction 60 – Technology and Construction Court Claims Practice Direction 65 – Anti-social behaviour and Harassment Practice Direction 70 – Enforcement of Judgments and Orders Practice Direction 71 – Orders to Obtain Information From Judgment Debtors Practice Direction 72 – Third Party Debt Orders Practice Direction 73 – Charging Orders, Stop Orders and Stop Notices Practice Direction 74A – Enforcement of Judgments in Different Jurisdictions Practice Direction 74B – European Enforcement Orders Practice Direction 75 – Traffic Enforcement Practice Direction 78 – European Procedures Practice Direction 81 – Applications and Proceedings in Relation to Contempt of Court Practice Direction 83 – Writs and Warrants – General Provisions Practice Direction 84 – Enforcement By Taking Control Of Goods Practice Direction – Directors Disqualification Proceedings 5 c) for “county court”, in each place it occurs, substitute “County Court”; d) for “county courts”, in each place it occurs, substitute “the County Court”; e) for “circuit judge”, in each place it occurs, substitute “Circuit Judge”; f) for “Circuit judge”, in each place it occurs, substitute “Circuit Judge”; g) for “designated civil judge”, in each place it occurs, substitute “Designated Civil Judge”; h) for “district judge”, in each place it occurs, substitute “District Judge”; i) for “master”, in each place it occurs, substitute “Master”; and j) for “the county courts”, in each place it occurs, substitute “the County Court”. 2) Paragraph 1) shall not apply to any references in paragraph (1)(a) to (j), otherwise amended in this update. PRACTICE DIRECTION 2A – COURT OFFICES 1) For paragraph 3.1, including the heading to that rule, substitute— “The County Court 3.1 (a) County Court offices shall be situated at such places as the Lord Chancellor directs for the transaction of the business of the court; (b) ‘County Court office’ includes— (i) an office or offices serving a County Court hearing centre; (ii) the County Court Money Claims Centre; and (iii) the Production Centre.”. 2) In paragraph 3.2, for “county court”, in the second place it occurs, substitute “County Court hearing centre”. 3) After paragraph 3.3 insert— 6 “(Money Claim Online is an internet based service and may be used outside of normal court business hours.) 3.4 HMCTS identifies the County Court hearing centre or office which serves the address of a claimant, a defendant, a debtor, or their place of business, or a property, by reference to the party's or the property's postcode. The hearing centre which serves the address of a party or a property can be found by using the Court Finder tool available on Gov.uk@https://courttribunalfinder.service.gov.uk/, or by contacting the County Court hearing centre which supplied the claim form or the application form.”. PRACTICE DIRECTION 2B – ALLOCATION OF CASES TO LEVELS OF JUDICIARY 1) In the table of contents to this Practice Direction— a) before the entry for paragraph 2.1, insert— “SECTION I – SCOPE AND INTERPRETATION Para 1.1”; b) in the entry for paragraph 2.1, before “THE HIGH COURT” INSERT “SECTION II – “; c) in the entry immediately below the entry for paragraph 7A, for “COUNTY COURT” substitute “SECTION III – THE COUNTY COURT”; d) in the entry for paragraph 8.1— i) for “and” substitute “,”; and ii) after “Committal” insert “and Freezing Orders”; e) for the entry for paragraph 12 substitute— “Other Proceedings”. Para 12.1”; and f) after the entry for paragraph 12.1, insert— “Appeals Para 16”. 2) Before paragraph 1.1, insert “SECTION I – SCOPE AND INTERPRETATION” 3) In paragraph 1.1— 7 a) in the first subparagraph, for “This Practice Direction” substitute “In respect of proceedings in the High Court, Section II of this Practice Direction”; and b) for the second subparagraph substitute— “1.1A Circuit Judges and District Judges may exercise any jurisdiction conferred on the County Court or on a judge of the County Court. Section III of this Practice Direction sets out the matters that will be allocated to a Circuit Judge as well as those that may, or will normally, be allocated to a District Judge. 1.1B This Practice Direction does not affect jurisdiction conferred by other enactments. Reference should also be made to other relevant Practice Directions (e.g. Part 24, paragraph 3 and Part 26, paragraphs 12.1-10). References to Masters and District Judges include Deputies.”. 4) For paragraph 1.2 substitute— “1.2 Masters or District Judges who have jurisdiction to hear a matter or to whom a matter has been allocated, may refer that matter to a Judge instead of dealing with it themselves. 1.3 For the purpose of this Practice Direction, in the County Court— (a) ‘Circuit Judge’ means, in addition to a Circuit Judge, all judges of the Senior Courts, including retired and deputy judges of those courts, Recorders and Upper Tribunal judges (including the Senior President of Tribunals, Chamber Presidents, deputy Presidents of the Upper Tribunal and deputy judges of the Upper Tribunal, but excluding District Judges and District Judges (Magistrates’ Courts)) and the Judge Advocate General; and (b) ‘District Judge’ means all other Courts and tribunal judges, and High Court Officers (for example, Masters and Registrars), including deputy or temporary 10 i) before “with the permission” insert “any other proceedings”; and ii) after “of that case”, omit “, any other proceedings”. 16) In paragraph 11.2— a) before “A case allocated” insert (1); b) for “his” substitute “their”; and c) after what will be subparagraph (1) insert— “(2) A case may only be referred to a Circuit Judge under section 65 of the County Courts Act 1984 with their consent.”. 17) For paragraph 12, and the heading to that paragraph, substitute— “Other proceedings 12 (1) Proceedings under the following enactments will be allocated to a Circuit Judge— (a) sections 29 and 30 of the Literary and Scientific Institutions Act 1854; (b) the Bankers Books Evidence Act 1879; (c) section 1 of the Law of Distress Amendment Act 1895; (d) the Stannaries Court (Abolition) Act 1896; (e) section 6 of the Allotments Act 1922; (f) the Chancel Repairs Act 1932; (g) paragraph 7(b) of Schedule 8 to the Opencast Coal Act 1958; (h) sections 57, 66, 101(3) and 121 of the County Courts Act 1984; and (i) paragraph 6 of Schedule 18 to the Housing Act 1985. (2) A request for the appointment of a court officer to take affidavits under section 56(1)(c) of the County Courts Act 1984, will be made to a Circuit Judge. 11 (3) Proceedings referred to in the following enactments will be allocated to a District Judge— (a) sections 85, 101(1), 104 and Part VI of, and Schedule 1 to, the County Court’s Act 1984; (b) section 49 of the Vehicle Excise and Registration Act 1994; (c) paragraphs 9 and 10 of Schedule 1 to the London Local Authorities Act 1996; (d) paragraphs 6 and 7 of the Local Authorities and Transport for London Act 2003; and (e) section 64 of the Tribunals Courts and Enforcement Act (2007). (4) In respect of any proceedings not referred to in this Section, if an enactment which specified the level of judge having jurisdiction to deal with those proceedings was amended by Schedule 9 to the Crime and Courts Act 2013 to confer jurisdiction on the County Court or a judge of the County Court, the proceedings will be allocated to a Circuit Judge or District Judge as if the enactment had not been so amended, unless any other enactment, rule or practice direction provides for the allocation of those proceedings.”. 18) In paragraph 13 for the words from “Where both the” to “by the District Judge” substitute “In any case where proceedings may be allocated to either a Circuit Judge or a District Judge, allocation”. 19) In paragraph 14.1, for “. He” substitute “and”. 20) In paragraph 15— a) omit “district judge may not try a” and b) after “Race Relations Act 1976” insert “will be allocated to a Circuit Judge.”. 21) After paragraph 15, insert— “Appeals 16 12 The appeal of any decision by a District Judge in proceedings which, under this Section, should have been allocated to a Circuit Judge, will be determined as if that decision had been made by a Circuit Judge.”. PRACTICE DIRECTION 3C – CIVIL RESTRAINT ORDERS 1) In Practice Direction 3C, for “his” in each place it occurs, substitute “their”. 2) In paragraph 3.2, in subparagraph (1), in sub-subparagraph (c), for “any county court identified in the order”, substitute “the County Court”. 3) In paragraph 3.11, for “he considers” substitute “they consider”. 4) In paragraph 4.2, in subparagraph (1), in sub-subparagraph (c), for “any county court identified in the order”, substitute “the County Court”. 5) In paragraph 4.11, for “he considers” substitute “they consider”. PRACTICE DIRECTION 3E – COSTS MANAGEMENT 1) Precedent H is substituted. Adobe Acrobat Document PRACTICE DIRECTION 4 – FORMS 1) In paragraph 1.3, in the first bullet point, for “1 to 81” substitute “1 to 86”. 2) After paragraph 3.2, in table 1, after the entry for form N181, insert— “N182 Mediation Settlement Agreement” 3) After paragraph 4.3, in table 2— a) for the entries for form numbers 53 to 57 substitute— “No 53 title to be confirmed No 54 title to be confirmed No 55 title to be confirmed 15 (a) is started in the County Court under Part 7; (b) is a claim only for an amount of money, whether specified or unspecified; and (c) is not a claim for which special procedures are provided in the Civil Procedure Rules or practice directions, practice form N1 must be sent to: County Court Money Claims Centre, PO Box 527, M5 0BY. (2) For the purpose of this Practice Direction, the procedure in Practice Direction 7D is not a special procedure.”. 7) In paragraph 4A.2, for “court” substitute “hearing centre”. PRACTICE DIRECTION 7B – CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS 1) for paragraph 4.1 substitute— “4.1 (1) If a claim which includes a claim to recover goods to which a regulated hire purchase agreement or conditional sale agreement relates is made at a County Court hearing centre which does not serve the address at which the debtor, or one of the debtors: (a) resides or carries on business, or (b) resided or carried on business at the date when the defendant last made a payment under the agreement, the claim will be issued by the hearing centre where the claim is made and sent to the hearing centre serving the address in (1)(a) or (b) as appropriate. 16 (2) A claimant should consider the potential delay which may result if a claim is not made at the County Court hearing centre in subparagraph (1)(a) or (b) in the first instance.”. 2) For paragraph 4.2 substitute— “4.2 (1) In any other claim to recover goods, if the claim is made at a County Court hearing centre which does not serve the address at which: (a) the defendant, or one of the defendants, resides or carries on business, or (b) the goods are situated, the claim will be issued by the hearing centre where the claim is made and sent to the County Court hearing centre serving the address in (a) or (b), as appropriate. (2) A claimant should consider the potential delay which may result if a claim is not made the County Court hearing centre in subparagraph (1)(a) or (b) in the first instance.”. 3) In paragraph 4.3— a) for “may only be started in the court” substitute “must be made at the County Court hearing centre”; and b) after “where the claimant” insert “debtor or hirer” 4) In paragraph 5.1, for “In” substitute “Subject to paragraph 5.1A, in”. 5) After paragraph 5.1 insert— “5.1A (1) In the types of claim to which paragraph 4.1 applies, if the claim is made at a County Court hearing centre which does not serve the address at which the debtor, or one of the debtors: (a) resides or carries on business, or (b) resided or carried on business at the date when the defendant last made a payment under the agreement, 17 the hearing date will be fixed by the hearing centre serving the address at (1)(a) or (b), as appropriate, upon receipt of the claim from the hearing centre where the claim was made. (2) In the types of claim to which paragraph 4.2 applies, if the claim is made at a County Court hearing centre which does not serve the address at which: (a) the defendant, or one of the defendants, resides or carries on business, or (b) the goods are situated, the hearing date will be fixed by the hearing centre serving the address at (2)(a) or (b), as appropriate, upon receipt of the claim from the hearing centre where the claim was made.”. 6) In paragraph 5.4, for “his” substitute “the”. PRACTICE DIRECTION 7C – PRODUCTION CENTRE 1) Omit paragraph 1.2. 2) In paragraph 1.3— a) in subparagraph (1), for the words “, whether or not” to “another county court” substitute “by the County Court”; b) in subparagraph (2)— (i) in the first sentence, for “name of the Northampton County Court” substitute “in the Centre”; (ii) in sub-subparagraph (a)— (aa) for “and” substitute “,”; and (bb) after “admissions” insert “and directions questionnaires”; (iii) in sub-subparagraph (d), for “execution” substitute “control”; (iv) for sub-subparagraph (e) substitute— “(e) before the parties have filed their directions questionnaires— 20 Centre must be made to that office, unless the proceedings have already been sent to a County Court hearing centre.”. PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE 1) In the table of contents to this Practice Direction, below the entry “Transfer of Claim” insert “Enforcement”. 2) In paragraph 1.2, in subparagraph (2), in sub-subparagraph (a)(iii), for “execution” substitute “control”. 3) In subparagraph 1.4— a) after ”will be issued” insert “in the”; b) for “in that court” substitute “at the County Court Business Centre”; c) for “transferred” substitute “sent”; d) for “another court” substitute “County Court hearing centre”; and e) for “Northampton County Court” substitute “the County Court Business Centre”. 4) In paragraph 3.3, for “a court office” substitute “the County Court Money Claims Centre”. 5) In paragraph 6.1, in subparagraph (2), for “Northampton County Court” substitute “the County Court Business Centre”. 6) In paragraph 6.2 omit “at the court”. 7) In paragraph 6.3, for “transferred” substitute “sent” 8) In paragraph 6.4— a) for “transferred” substitute “sent to a County Court hearing centre”; b) for “Northampton County Court” substitute “the County Court Business Centre”; and c) omit “at that court”. 9) Omit paragraph 8. 10) In paragraph 11.2, omit the words in parentheses which follow subparagraph (2)(b). 11) In paragraph 12.1— a) in the first sentence, for the words, “Northampton County Court” to “will transfer the claim” substitute “the claim has not been sent to a County Court hearing centre, the claim will be sent”; 21 b) after subparagraph (1), at the end, insert “or”; and c) omit subparagraphs (2) and (3). 12) For paragraph 12.2 substitute— “12.2 Where the defendant is not an individual, and one of the events mentioned in paragraph 12.1 arises, the claim will be sent to the County Court hearing centre which serves the claimant’s address for service which is stated on the claim form. 12.3 If a defence is filed to all or part of the claim and the parties have filed their directions questionnaires, the proceedings will be sent in accordance rule 26.2A(3) to (6).” 13) After new paragraph 12.3, insert— “Enforcement 12A.1 An application for— (a) an order for a judgment debtor to attend court for questioning pursuant to an order for information under CPR Part 71; (b) a third party debt order under Part 72; (c) a charging order under Part 73; or (d) an attachment of earnings order under rule 3(2) of CCR Order 27, must be issued in accordance with paragraphs 9.1, 10.1, 10.2 and 11.1 of section 2 of Practice Direction 70, unless the proceedings have already been sent to a County Court hearing centre. 22 12A.2 A request for a warrant of control to enforce a judgment or order made at the Centre must be made to the Centre, unless the proceedings have since been sent to a County Court hearing centre.”. 14) In paragraph 13.2 a) for “transferred” substitute “sent”; and b) for “Northampton County Court” substitute “the County Court Business Centre”. PRACTICE DIRECTION 8A – ALTERNATIVE PROCEDURE FOR CLAIMS 1) In paragraph 4.1— a) before “Part 7 and Practice Direction 7A” insert “(1)”; and b) below what is now paragraph (1), insert— “(2) Subject to the provisions in rule 8.1(2A), in the County Court a claim under the Part 8 procedure may be made in any County Court hearing centre. However, when a claim is given a hearing date the court may direct that proceedings should be transferred to another hearing centre if appropriate to do so. A claimant should consider the potential delay which may result if a claim is not made at the appropriate hearing centre in the first instance.”. 2) In paragraph 18.2— a) in subparagraph (1), for “court for the district in which” substitute “County Court hearing centre serving; and b) in subparagraph (2), after “in the court” insert “or County Court hearing centre”. PRACTICE DIRECTION 19B – GROUP LITIGATION 1) For paragraph 3.7, including the heading, substitute— 25 “Small claims mediation 3A.1 If a claim is referred to the Mediation Service pursuant to rule 26.4A or at the court’s direction, the settlement agreement must be in Form N182.”. PRACTICE DIRECTION 30 – TRANSFER 1) In paragraph 5.1 for the words “and both the transferring” to “county courts” substitute “within the County Court”. PRACTICE DIRECTION 34A – DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES 1) In Annex C, in the column entitled “Designated court”— a) for “Bristol County Court”, substitute “the County Court at Bristol”; b) for “Manchester County Court”, substitute “the County Court at Manchester”; and c) for “Leeds County Court”, substitute “the County Court at Leeds”. PRACTICE DIRECTION 37 – MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT 1) In paragraph 1.2, in subparagraph (1), after “with the court” insert “where the case is proceeding”. 2) In paragraph 3.5, in subparagraph (2), in sub-subparagraphs (a) and (b), for “his”, in each place it occurs, substitute “their”. 3) In paragraph 3.7— a) for “his”, substitute “their”; b) for “he”, in each place it occurs, substitute “they”; and c) for “him” substitute “them”. 4) In paragraph 6.1— a) in subparagraph (3) for “he”, substitute “the trustee”; and 26 b) in subparagraph (4) for “his”, substitute “the trustee’s”. 5) In paragraph 6.2, in subparagraph (3) for “a county court”, substitute “the County Court hearing centre where the case is proceeding”. 6) In paragraph 6.3, for “he” substitute “they”. 7) In paragraph 8.2— a) for “he”, in each place it occurs, substitute “they”; and b) for “lodges” substitute “lodge”. 8) In paragraph 8.4, for “he” substitute “they”. PRACTICE DIRECTION 45 – FIXED COSTS 1) In paragraph 2.6— a) for the words “and 45.18(5)” substitute “, 45.18(5), 45.29C(2), 45.29E(2), 45.25F(5), 45.29G(2) and 45.29H”; b) for the words “county court districts of” substitute “area served by the County Court hearing centres at”; and c) for “county court districts” in the second place it occurs, substitute “County Court hearing centres at”. PRACTICE DIRECTION 47 – PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS 1) In paragraph 4.1— a) In sub-subparagraph (a) for ”county court” substitute “the County Court hearing centre”; and b) in sub-subparagraph (b) for “county court” substitute “County Court hearing centre”. 2) In paragraph 4.2— a) in subparagraph (1), for “county courts” substitute “County Court hearing centres”; and b) in subparagraph (2)— i) for in sub-subparagraph(b) for “county court” substitute “County Court hearing centre”; and 27 ii) in sub-subparagraph (c), for “County Courts” substitute “County Court hearing centres”. PRACTICE DIRECTION 49A – APPLICATIONS UNDER THE COMPANIES ACTS AND RELATED LEGISLATION 1) In paragraph 5, in subparagraph (2), in sub-subparagraph (b), for “county court” substitute “County Court hearing centre”. PRACTICE DIRECTION 51A – TRANSITIONAL ARRANGEMENTS 1) In paragraph 16, in subparagraph (6), in sub-subparagraph (b), for “court” where it first occurs, substitute “Court”. PRACTICE DIRECTION 51I – THE SECOND MEDIATION SERVICE PILOT SCHEME 1) Practice Direction 51I (the Second Mediation Service Pilot) is revoked. PRACTICE DIRECTION 52B – APPEALS IN THE COUNTY COURTS AND HIGH COURT 1) In the title to this Practice Direction, for “COUNTY COURTS”, substitute “COUNTY COURT” 2) In table A to this Practice Direction, in the column entitled “Appeal Centre” for — a) “Halifax”; b) “Huddersfield”; and c) “Skipton”, substitute “Bradford”. 30 PRACTICE DIRECTION 60 – TECHNOLOGY AND CONTRUCTION CLAIMS 1) In paragraph 3.1, for “county court” substitute “County Court hearing centre”. 2) In paragraph 3.2, for “______________ County Court” substitute “County Court at ______________”. 3) In paragraph 3.4, for “county courts” substitute “County Court hearing centres”. 4) In paragraph 5.1— a) in the first sentence, for “county courts” substitute “County Court hearing centres”; and b) in subparagraph (2), for “county court”, in the second place it occurs, substitute “County Court hearing centre”. PRACTICE DIRECTION 63 INTELLECTUAL PROPERTY CLAIMS 1) In paragraph 16.3, for “county courts” substitute “County Court hearing centres”. 2) In paragraph 21.1— a) for “county courts” substitute “County Court hearing centres”; and b) before “Caernarfon” insert “those at”. PRACTICE DIRECTION 65 – ANTI-SOCIAL BEHAVIOUR AND HARASSMENT 1) In the table of contents to this Practice Direction, above the entry for paragraph 14.1A insert— “Starting the claim Para. A14.1” 2) In paragraph 1.1— a) before “An application” insert “(1)”; and b) after what will be subparagraph (1), insert— “(2) An application on notice under rules 65.3 or 65.43 will be issued by the County Court hearing centre where the claim is made but will then be sent to the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred. An applicant should consider the potential delay which may result if an application is not made at the appropriate County Court hearing centre in the first instance.”. 31 3) In paragraph 1.2, for “county courts” substitute “County Court hearing centres”. 4) For paragraph 6.1 substitute — “6.1 (1) A demotion or suspension claim, other than one made in the alternative to a possession claim, may be made in any County Court hearing centre. (2) A claim will be issued at the County Court hearing centre where it is made and will then be sent to the County Court hearing centre which serves the address where the property is situated. An applicant should consider the potential delay which may result if an application is not made at the appropriate County Court hearing centre in the first instance.”. 5) After the heading to SECTION V insert— “Starting the claim A14.1 In the County Court, a claim under rule 65.28 will be issued in the County Court hearing centre where the claim is commenced and then sent to County Court hearing centre which serves the address where either the defendant or the claimant resides or carries on business. A claimant should consider the potential delay which may result if the claim is not commenced at the appropriate County Court hearing centre in the first instance.”. PRACTICE DIRECTION 70 – ENFORCEMENT OF JUDGMENTS AND ORDERS 1) In the table of contents to this Practice Direction— a) Before the entry for paragraph 1.1 insert— “Definitions Para. A1.1”; b) for the entry for paragraph 2.1, substitute “Proceedings for enforcement in the County Court - rule 70.3”; c) for the entry for SECTION II, substitute “SECTION II ENFORCEMENT PROCEEDINGS IN THE COUNTY COURT MONEY CLAIMS CENTRE”; and d) In the entry for paragraph 11.1, for “Automatic Transfer” substitute “Transfer” 32 2) Before the heading to paragraph 1.1, insert— “Definitions 1A.1 In this Practice Direction— (1) “writ of control” is to be construed in accordance with section 62(4) of the Tribunals Courts and Enforcement Act 2007; (2) “writ of execution” includes- (a) a writ of possession; (b) a writ of delivery; (c) a writ of sequestration; (d) a writ of fieri facias de bonis ecclesiasticis, and any further writ in aid of any such writs, but does not include a writ of control.”. 3) In paragraph 1.1, in subparagraph (1), for the words “fieri facias”, to the end of that subsection, substitute “control or warrant of control (see Parts 83 and 84);”. 4) For the heading to paragraph 2.1, substitute “Proceedings for enforcement in the County Court - rule 70.3”. 5) For paragraph 2.3 substitute— “An application to enforce a judgment in the County Court may be made at any County Court hearing centre, unless an enactment, rule or practice direction provides otherwise.”. 6) Omit paragraph 2.2. 7) In paragraph 2.1, for “The court” substitute “If for any reason proceedings for the enforcement of a judgment are transferred, the court”. 8) In paragraph 3.1— a) in the first sentence— i) for “he” substitute “they”; and ii) for “his” substitute “the” b) in subparagraph (3), after “writ of execution” insert “or writ of control”. 9) In paragraph 3.2, in subparagraph (2)— a) in sub-subparagraph (a), after “writ of execution” insert “or writ of control”; and 35 PRACTICE DIRECTION 75 – TRAFFIC ENFORCEMENT 1) In the table of contents to this Practice Direction, for the entry for paragraph 8.1 substitute “Applications to suspend a local authority warrant of control” 2) In paragraph 2.1— a) for “started in” substitute “filed at”; b) for “at Northampton County Court” substitute “21/27 St. Katherine’s Street, Northampton. NN1 2LH”; and c) after paragraph 2.1 insert— “(Form TE7, Application to file a statement out of time/extension of time (Parking)) and form TE9, Witness statement - unpaid penalty charge (Parking), can be filed electronically at: tec.bulkcentre@hmcts.gsi.gov.uk)”. 3) In paragraph 5.2— a) in subparagraph (1)— i) for “PE 2” substitute “PE2 (Application to File a Statutory Declaration Out of Time)”; ii) for “TE 7” substitute “TE7”; and b) in subparagraph (2)— i) in sub-subparagraph (a), for “PE 3” substitute “PE3 (Statutory Declaration - unpaid penalty charge)”; ii) in sub-subparagraph (b), for “TE 9” substitute “TE9”; and iii) for the words in parentheses below sub-subparagraph (b) substitute— “(Forms PE2, PE3, TE7 and TE9 can be obtained from Form Finder at http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do and can also be obtained from the Traffic Enforcement Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 0300 123 1059 or 01604 619450.)”. 4) In paragraph 7.1, for the words “county court” to “is situated”, substitute “County Court hearing centre which serves the respondent's address for service”. 5) In paragraph 7.3, for “court”, in each place it occurs, substitute “County Court hearing centre”. 36 6) For the heading to paragraph 8.1 substitute “Applications to suspend a local authority warrant of control”. 7) In paragraph 8.1, for “warrant of execution” in each place it occurs, substitute “local authority warrant of control”. 8) After paragraph 8.1, in the words in parentheses, for “a court order” substitute “an order”. PRACTICE DIRECTION 78 – EUROPEAN PROCEDURES 1) In paragraph 7.1, for “or county court” substitute “, or in the County Court hearing centre”. 2) In paragraph 19.1, for “or county court” substitute “, or in the County Court hearing centre”. PRACTICE DIRECTION 81 – APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT 1) In paragraph 4.3, for sub-paragraph (4)(b) substitute— “(b) made aware of the possible availability of criminal legal aid and how to contact the Legal Aid Agency;”. 2) In paragraph 15.6, for sub-paragraph (2) substitute— “(2) made aware of the possible availability of criminal legal aid and how to contact the Legal Aid Agency;”. 3) In paragraph 10.2, in subparagraph (2), for the words “by a Circuit Judge or person authorised to act as such” substitute “by a judge of the County Court other than a District Judge of that court, unless they are exercising the jurisdiction of a Circuit Judge with the permission of the Designated Civil Judge”. 37 PRACTICE DIRECTION 83 – WRITS AND WARRANTS – GENERAL PROVISIONS AND PRACTICE DIRECTION 84 – ENFORCEMENT BY TAKING CONTROL OF GOODS 1) After Practice Direction 82, insert Practice Direction 83 and Practice Direction 84 as set out in the Schedule to this Update. 2) Omit Practice Direction RSC 46 and CCR 26 Execution. PRACTICE DIRECTION: DIRECTORS DISQUALIFICATION PROCEEDINGS 1) In paragraph 4.1A, in subparagraph (2), in sub-subparagraph (b), for “county court”, in the second place it occurs, substitute “County Court”. 2) In paragraph 30.1A in subparagraph (2), in sub-subparagraph (b), for “county court”, in the second place it occurs, substitute “County Court”. PRACTICE DIRECTION DEVOLUTION ISSUES 1) In the table of contents to this Practice Direction— a) in the entry “Family proceedings in the magistrates’ courts, the county courts and the High Court” omit “, the county courts”; and b) in the entry for “Civil proceedings in the county courts and the High Court”, for “county courts” substitute “County Court”. 2) In paragraph 3.4, in subparagraph (3), for “A county court” substitute “The County Court”. 3) In paragraph 4, for “county courts” substitute “County Court”. 4) In the heading to paragraph 15.1 omit “, the county courts”. 5) In the heading to paragraph 16.1 “county courts” substitute “County Court”. PRACTICE DIRECTION RSC 46 AND CCR 26 EXECUTION 1) Omit Practice Direction RSC 46 and CCR 26 Execution.