County Court (Forms) (Amendment No. 2) Rules 1992

Publication Date:January 01, 1992
 
FREE EXCERPT

1992No. 2040 (L.13)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 2) Rules 1992

5thAugust1992

26thOctober1992

1.- (1) These Rules may be cited as the County Court (Forms) (Amendment No 2) Rules 1992.

(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982 ( a) and "the main Schedule" means that Schedule.

2. There shall be substituted in the main Schedule, for forms N.2, N.9 N.9B, N.10(HP/CCA), N.18, N.19, N.79 and N.80 the forms contained in Schedule 1 to these Rules.

3. There shall be inserted in the main Schedule, after form N.18 and form N.19 respectively, the forms N.18A and N.19A contained in Schedule 2 to these Rules.

4. Form N.111 in the main Schedule shall be omitted.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 ( b) 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. H. Hutchinson

Eifion Roberts

J. H. Wroath

R.Greenslade

K. H. P. Wilkinson

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 26th October 1992.

Dated 5th August 1992

Mackay of Clashfern, C.

(a) S.I. 1982/586; the relevant amending instruments are S.I 1986/1505, 1988/279, 1989/886, 1990/517 and 1991/1132.

(b) 1984 c.28; section 75 was amended by the Courts and Legal Services Act 1990 (c.41), sections 2(4), 16, Schedule 18, paragraph 47.

Please read this page: it will help you deal eith the summons

If you dispute all orpart of the claim

You may be entitled to help with your legal costs. Ask about the legal aid scheme at any county court office, citizens'advice bureau, legal advice centre or firm of solicitors displaying the legal aid sign.

Say how much you dispute in the part of the enclosed form for defending the claim and return it to the court. The court will tell you what to do next.

If you dispute only part of the claim, you should also fill in the part of the form for admitting the claim and pay the amount admitted into court.

If the court named on the summons is not your local county court, you may write to the court named asking for the case to be transferred to your local county court and explaining your reasons. However, if the case is transferred and you later lose the case, you may have to pay more in costs.

How the claim will be dealt with if defended If

the claim is worth £1,000 or less it will be dealt with by arbitration (small claims procedure) unless the court decides the case is too difficult to be dealt with in this informal way.

Costs and the grounds for setting aside an arbitration award are strictly limited. If the claim is for £1,000 or less and is not dealt with by arbitration, costs, including the costs of help from a legal representative, may be allowed.

If the claim is worth over £1000 it can still be dealt with by arbitration if either you or the plaintiff asks for it and the court approves. If your claim is dealt with by arbitration in these circumstances, costs may be allowed.

If you want to make a claim against the plaintiff

This is known as a counterclaim

Fill in the part of the enclosed form headed 'Counterclaim'. If your claim is for more than the plaintifrs claim you may have to pay a fee - the court will let you know. Unless the plaintiff admits your counterclaim there will be a hearing. The court will tell you what to do next.

If you admit the claim or any part of it

You may pay an appropriate amount into court to compensate the plaintiff (see Payments into Court box on this page), accompanied by a notice (or letter) that the payment is in satisfaction of the claim. If the plaintiff accepts the amount paid he is also entitled to apply for his costs.

If you need time to pay, complete the enclosed form of admission and give details of how you propose to pay the plaintiff. If your offer is accepted, the court will send an order telling you how to pay. If it is not accepted, the court will fix a rate of payment based on the details given in your form of admission and the plaintifrs comments. Judgment will be entered and you will be sent an order telling you how and when to pay.

If the plaintiff does not accept the amount paid or offered, the court will fix a hearing to decide how much you must pay to compensate the plaintiff. The court will tell you when the hearing, which you should attend, will take place.

To be completed on the court copy only

Served on:

By posting on:

Officer:

This summons was returned by the Post Office

marked 'Gone Away' on:

General information

If you received this summons through the post the of service will be 7 days (for a limited company at its registered office, the second working day) after the d of posting as shown by the postmark.

You can get help to complete the enclosed form and information about court procedures at any county court office or citizens' advice bureau. The address and telephone number of your local court is listed under 'Courts' in the phone book.

Please address forms or letters to the Chief Clerk.

Always quote the whole of the case number which appears at the top right corner of the front of this for the court is unable to trace your case without it.

Registration of judgments

If the summons results in a judgment against you, yo name and address may be entered in the Register of County Court Judgments. This may make it diffic for you to get credit. A leaflet giving further information can be obtained from the court.

Interest on judgments

If judgment is entered against you and is for more than £5000, the plaintiff may be entitled to interest on the total amount.

Payments into Court

You can pay the court by calling at the court office which is open 10 am to 4 pm Monday to Friday

You may only pay by:

cash

banker's or giro draft

cheque supported by a cheque card

cheque (unsupported cheques may be accepted subject to clearance, if the Chief Clerk agrees)

Cheques and drafts must be made payable to HM Paymaster General and crossed.

Please bring this form with you.

By post

You may only pay by:

postal order

banker's or giro draft

cheque (cheques may be accepted, subject to clearance, if the Chief Clerk agrees).

The payment must be made out to HM Paymaster General and crossed.

This method of payment is at your own risk.

And you must:

pay the postage

enclose this form

enclose a self addressed envelope so that the court can return this form with a receipt

The courtcannotaccept stamps orpayments by bankand giro credit transfers.

Note: You should carefully cheek any future forms from the court to see if payments should be made directly to the plaintiff

N2 Default summons (amount not fixed)

N9 Form of admission, defence and counterclaim to accompany Forms N2, 3 and 4 (Order 3, rule 3(2)(c))

Section 5 Arbitration under the small claims procedure

How the claim will be dealt with if defended

If the claim is worth £1,000 or less it will be dealt with by arbitration (small claims procedure) unless the court decides the case is too difficult to be dealt with in this informal way. Costs and the grounds for setting aside an arbitration award are st rlictly limited. If the claim is for £1,000 or less and is not dealt with by arbitration, costs including the costs of a legal representative, may be allowed.

If the claim is worth over £1000 it can still be dealt with by arbitration if either you or the plaintiff asks for it and the court approves. If your claim is dealt with by arbitration in these circumstances, costs may be allowed.

Please tick this box if the claim is worth over £1,000 and you would like it dealt with by arbitration. [ ]

Give an address to which notices about this case

can be sent to you

Postcode

Signed (to be signed by you or by your solicitor

Position (firm or company)

Dated

N10 (HP\CCA) Form of admission, defennce and counterclaim to accompany Forms N3 and N4

Case No.

4 If you dispute the claim for reasons other than payment, what are your reasons ?

Use the box below to give full details. (If you need to continue on a separate sheet, put the case number in the top right hand corner.)

N10 (HP\CCA) Form of admission, defennce and counterclaim to accompany Forms N3 and 4 (Order 3, rule 3(2)(c)

N18 Notice of reference to preliminary (arbitration) appointment (Order 19 Rule 6 (1) (b)

N19 Notice of reference to arbitration (preliminary appointment) (Order 19 Rule 6(1)(b))

N79 committal or other order upon proof of disobedience of a court order or breach of an undertaking ( Order 29, rule 1(5)) (Domestic Violence and Matrimonial Proceedings Act 1976) (Family Proceedings Rule 3.9)

RECORD OF SERVICE, HEARING AND CONTEMPTS FOUND PROVED

The court office is open froin 10 am to 4 pm Monday to Friday.

When corresponding with the court, please address forms and letters to the Chief Clerk and quote the case number

(1) Name of prison

To the District Judge and Bailiffs of the Court

every constable within his jurisdiction

the Governor (of Her Majesty's Prison at)(1)

(2) Name and

On the day of 19 ,

(3) address of person to be committed.

it was ordered that(2)of(3)

(4) Where the person to be committed is aged less than 21 years and at least 18 delete all references to prison otherwise delete reference to Sec 9 (1) CJA

should be committed to Prison(4) (detained under Section 9 (1) Criminal Justice Act 1982) for a period of(5) for contempt of this court

You the District Judge and Bailiff are therefore required forthwith to arrest and deliver (2)to (Her Majesty's Prison at)(1)

(5) State term of impisonment

And you, the Governor, are required to receive and keep(2)

safely (in prison) from the arrest under this warrant for a period of(5) or until

lawfully discharged, if sooner.

(6) Add if so ordered otherwise delete

...

To continue reading

REQUEST YOUR TRIAL