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Statutory Instrument 1989 No. 381 (L.5)
The County Court (Amendment No. 2) Rules 1989
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1989 No. 381 (L.5)
COUNTY COURTS
PROCEDURE
The County Court (Amendment No. 2) Rules 1989
| Coming into force | 1st April 1989 |
Citation and interpretation
1.—(1) These Rules may be cited as the County Court (Amendment No. 2) Rules 1989.
(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[1] and Appendix A, B or C means Appendix A, B or C to those Rules.
Costs
2. Order 38, rule 13(2) shall be amended by substituting, for the figures "£16.00" and "£22.50", the figures "£17.00" and "£24.00" respectively. 3. Order 38, rule 14(1) shall be amended by substituting, for the figures "£22.50", "£45.50" and "£89.50" wherever they appear in the Table, the figures "£24.00", "£48.00" and "£95.00" respectively. 4. Appendix A shall be amended by substituting, for the entries in the last 3 columns corresponding to the numbered items, the following-
| Item No. | |
|---|
| Scale 1 |
|---|
| £ |
|---|
| 100-500 |
|---|
| Scale 2 |
|---|
| £ |
|---|
| 500-3,000 |
|---|
| Scale 3 |
|---|
| £ |
|---|
| 3,000+ |
|---|
| | FOR ALL SCALES6.50-26.50 | | | FOR ALL SCALES6.50-25.50 | | | FOR ALL SCALES4.60 per page (or proportionately)3.10 per page (or proportionately) | | | FOR ALL SCALES0.55 per page0.93 per page1.27 per page | | | FOR ALL SCALES0.19 per page0.36 per page | | | FOR ALL SCALES11-70 | | such sum as is fair and reasonable not exceeding 389 | such sum as is fair and reasonable not exceeding 996 | Discretionary | | 6.50 | 6.50 | 11.00 | | | FOR ALL SCALES11.00 | | not exceeding | not exceeding | not exceeding | | 29 | 80 | 99 | | 6.50-14 | 6.50-21 | 6.50-27.50 | | | FOR ALL SCALES3.50-10.50 | | not exceeding | not exceeding | not exceeding | | 49 | 118 | 171 | | 6.50-16 | 6.50-58.50 | 6.50-85 | | 28-100 | 34.50-231 | Discretionary | | 14-51.50 | 17.50-116 | Discretionary | | 10.50-41 | 13-57 | 15-79.50 | | | FOR ALL SCALES20 | (e) On conference in chambers or elsewhere: for each half hour or part thereof
| 6.50 | 10.50 | 15 | | 7.50 | 18 | 28 | | 6.50-11 | 11-29 | 13-41.50 | | 4-12 | 12-34.50 | 14-70.50 | | 7.50-20 | 20-57 | 23.50-116.50 | | 7.65-20.50 | 7.65-57 | 7.65-73 | | 7.65 | 7.65-20.50 | 7.65-29.50 |
5. Appendix B, Part I, paragraph 4 shall be amended by substituting, for the Tables of Fixed Costs, the following Tables-TABLES OF FIXED COSTS
TABLE I
Where claim exceeds £25 but does not exceed £250
| Amount of charges |
|---|
| £ |
|---|
"(a) Where service is not by solicitor
| 21.00 | (b) Where service is by solicitor
| 23.50 |
TABLE II
Where claim exceeds £250 but does not exceed £600
| Amount of charges |
|---|
| £ |
|---|
(a) Where service is not by solicitor
| 28.00 | (b) Where service is by solicitor
| 33.00 |
TABLE III
Where claim exceeds £600 but does not exceed £2,000
| Amount of charges |
|---|
| £ |
|---|
(a) Where service is not by solicitor
| 47.00 | (b) Where service is by solicitor
| 52.00 |
TABLE IV
Where claim exceeds £2,000
| Amount of charges |
|---|
| £ |
|---|
(a) Where service is not by solicitor
| 51.00 | (b) Where service is by solicitor
| 56.00 |
6. Appendix B, Part II shall be amended by substituting, for the Table, the following Table-
FIXED COSTS ON JUDGMENTS
| Column 1 | Column 2 |
|---|
| Sum of Money |
|---|
| A | B | C |
|---|
| Exceeding £25 but not exceeding £600 | Exceeding £600 but not exceeding £3,000 | Exceeding £3,000 |
|---|
| £ | £ | £ | "(a) Where judgment is entered in a default action in default of defence ..........
| 7.50 | 14.00 | 15.50 | (b) Where judgment is entered on the defendant's admission and the plaintiff's acceptance of his proposal as to mode of payment ..........
| 13.00 | 27.50 | 32.00 | (c) Where judgment is entered on an admission delivered by the defendant and the court's decision is given as to the date of payment or instalments by which payment is to be made ..........
| 17.50 | 35.00 | 41.50 | (d) Where judgment is given in a fixed date action for-(i) delivery of goods, or
(ii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent
and the defendant has neither delivered a defence, admission or counter-claim nor otherwise denied liability .......... | 26.00 | 39.00 | 48.00 |
| Exceeding £500 but not exceeding £3,000 | Exceeding £3,000 |
|---|
(e) Where summary judgment is given under Order 9, rule 14
| 60.50 | 69.00 |
7. 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-
| Amount to be allowed |
|---|
| £ | | 8.50 | | 8.50 | | 1.50 | | 5.50 | | 17.00 | | 5.50 | 7.(a) where the money recovered is less than £60
| one half of the amount recovered | (b) where the money recovered is not less than £60
| 31.50 | | 31.50 | | 5.25 |
8. Appendix C, paragraph 2 shall be amended by substituting, for the Table, the following-
| Column 1 |
|---|
| Scale |
|---|
| Column 2 |
|---|
| Amount of Charges |
|---|
| Lower Scale | 39.00-60.50 | | Scale 1 | 43.50-110.00 | | Scale 2 | 68.00-412.50 | | Scale 3 | 99.00-497.00 |
Part II of the Family Law Reform Act 1987[2]
9. Order 47, rule 6 shall be amended as follows-
(1) In the heading, after the figures "1973", there shall be added the words "and Part II of the Family Law Reform Act 1987".
(2) For the word "minor", wherever occurring in paragraphs (1), (2), (3) and (4) otherwise than in the expression "the Guardianship of Minors Act 1971" or "the Guardianship of Minors Acts 1971 and 1973", there shall be substituted the word "child".
(3) In paragraph (1), after the words "under that Act", there shall be inserted the words "or under section 4 of the Family Law Reform Act 1987".
(4) In paragraph (2), after the figures "1973", there shall be inserted the words "or under section 4 of the Family Law Reform Act 1987".
(5) In paragraph (3), the words "(as applied by section 4(3D) of the Guardianship Act 1973[3])" shall be omitted.
(6) After paragraph (3), there shall be inserted the following new paragraphs-" (3A) Subject to the provisions of these rules, R.S.C. Order 90, rule 6A shall apply to applications made under sections 11B, 11C and 11D of the said Act of 1971.
(3B) A respondent to an application under the said sections 11B, 11C or 11D, who wishes to dispute paternity of the child with respect to whom the application is made,-(a) shall file an answer; and
(b) shall not, unless the court otherwise directs, be required to file an affidavit under R.S.C. Order 90, rule 6A(4).
(3C) Without prejudice to Order 14, any party to an application under the said sections 11B, 11C or 11D may by letter require any other party-(a) to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or
(b) to furnish a list of relevant documents or to allow inspection of any such document,
and may, in default of compliance by the other party, apply to the registrar for directions.".
(7) In paragraph (5), after the words "Acts of 1971 and 1973", there shall be inserted the words "and under Part II of the Family Law Reform Act 1987".
(8) After paragraph (5), there shall be inserted the following new paragraph-" (6) Applications under sections 9 and 10 of the said Act of 1971-(a) which are unopposed; or
(b) for an order in terms agreed by the parties,
and applications under sections 11B, 11C and 11D of that Act may be made to the registrar and he may make such order as he thinks fit or may refer to the judge any matter which he thinks should properly be decided by the judge.".
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984[4], having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.
C. S. Stuart-White
R. Lockett
Nigel Fricker
R. Greenslade
Patrick Eccles
Gillian Stuart-Brown
Deirdre McKinney
R. E. Hammerton
K. H. P. Wilkinson
Timothy Stow
R. C. Newport
I allow these Rules, which shall come into force on 1st April 1989.
Mackay of Clashfern,
C.
Dated 8th March 1989
EXPLANATORY NOTE
(This Note is not part of the Rules)These Rules amend the County Court Rules 1981 so as to-(a) revise the provisions relating to costs (Rules 2 to 8); and
(b) give effect to Part II of the Family Law Reform Act 1987 (rights and duties of parents etc.) which makes provision for the financial support of children and persons over eighteen in full-time education (Rule 9).
ISBN 0 11 096381 4
Notes:[1] S.I. 1981/1687; the relevant amending instruments are S.I. 1982/1140, 1983/1716, 1984/576, 1985/1269, 1986/636, 1987/493, 1397, 1988/278, 897 and 1989/236.
[2] 1987 c. 42.
[3] 1973 c. 29; section 4(3D) was inserted by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 44(2).
[4] 1984 c. 28.
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