74th Update: Practice Direction Amendments - … · 74th UPDATE – PRACTICE DIRECTION AMENDMENTS ... paragraph 2(2) of the Constitutional Reform Act 2005, ... (Amendment) Rules 2014

74th Update Practice Direction Making Document

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74th UPDATE – PRACTICE DIRECTION AMENDMENTS

The new Practice Direction which supplements the Civil Procedure Rules 1998 is

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 new Practice Direction comes into force on the day after this update is signed by

Lord Faulks, Minister of State—

Practice Direction 2C – Starting Proceedings in the County Court

Coming into force date: 30 July 2014

PRACTICE DIRECTION 2C – STARTING PROCEEDINGS IN THE COUNTY

COURT

Insert new Practice Direction 2C – Starting Proceedings in the County Court, as set out in the annex to this Update.

ANNEX

“PRACTICE DIRECTION 2C – STARTING PROCEEDINGS IN THE COUNTY

COURT

Table of contents

Scope Para.1

Starting proceedings – general Para. 2

Proceedings and claims which must be started in a

particular County Court hearing centre or County Court

Office

Para. 3.1


2

Claims and applications that may be started in any County

Court hearing centre, but which will be sent or transferred to

another County Court hearing centre following issue

Para. 4

Part 8 clams Para. 5

Part 23 applications Para. 6

County Court Directory Para. 7.1

Schedule – County Court Directory Para. 8

Scope

1.1

This Practice Direction applies to proceedings in the County Court. It provides an

overview (together with references to relevant rules, practice directions and

enactments) of those claims or applications which must be started, or, in some

cases, heard, in particular County Court hearing centres, or which may be sent or

transferred to another hearing centre if started elsewhere. Parties should always

refer to the relevant provisions in the Rules and related Practice Directions and other

enactments referred to in this Practice Direction.

1.2

This Practice Direction also includes a directory which identifies each County Court

hearing centre and, where appropriate, provides additional information about them.

Starting proceedings - general

2.

In the County Court, a claim or application may be started in any County Court

hearing centre, unless any rule, practice direction or enactment provides otherwise.

Proceedings and claims which must be started in a particular County Court

hearing centre or County Court Office

3 .1

(1) If any rule, practice direction or enactment provides that a claim or application

must be started at a particular County Court hearing centre and that claim or


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application is started at the wrong hearing centre, a court officer will send it to the

correct hearing centre before it is issued.

(2) A party should consider the potential delay which may result if a claim or

application is not made at the correct County Court hearing centre in the first

instance.

(3) In the following cases, proceedings must be started in a designated County Court

hearing centre—

(a) probate claims (designated by rule 57.2 and Practice Direction 57,

paragraph 2.2(3));

(b) Technology and Construction Court claims (designated by Practice

Direction 60, paragraphs 3.1 and 3.4);

(c) intellectual property claims (designated by rule 63.13 and Practice

Direction 63, paragraphs 16.3 and 21.1);

(d) proceedings under Parts 1 to 11 of the Insolvency Act 1986 (designated by

the Insolvency (Commencement of Proceedings) and Insolvency Rules

(Amendment) Rules 2014 (S.I. 2014/817)); and

(e) proceedings under section 67(1) and (2) of the Race Relations Act 1976

(designated by the Civil Courts Order 1983 (S.I. 1983/713), which has

been revoked, subject to savings, by the Crime and Courts Act 2013

(Consequential, Transitional and Saving Provisions) Order 2014 (S.I.

2014/820). The effect of this provision is that, for the time being, only those

County Court hearing centres which correspond to the county courts

designated in the 1983 Order will hear these proceedings).

3.2

(1) Subject to subparagraphs (2) and (3), the claim form in respect of a claim for an

amount of money started under Part 7 of the Civil Procedure Rules must be sent to

the County Court Money Claims Centre, unless it is a claim for which special

procedures are provided in Rules or in practice directions (Practice Direction 7A,

paragraph 4A.1).

(2) A person who is permitted to start a Part 7 claim through the Production Centre

pursuant to Practice Direction 7C must send the claim form to the Production Centre

at the County Court Business Centre, St Katharine's House, 21-27 St Katharine's

Street, Northampton, NN1 2LH. DX 702885 Northampton 7. Fax no. 0845 4085311.


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(3) An application for a Part 7 claim to be issued through the Money Claim Online

scheme pursuant to Practice Direction 7E, must be sent electronically. Any other

document, application or request, other than one which is filed electronically must be

sent to the County Court Business Centre at the address in subparagraph (2)

(Practice Direction 7E, paragraph 1.4).

3.3

(1) Proceedings under the Companies Acts or the Limited Liability Partnerships Act

2000, in respect of which the County Court has jurisdiction, must be started in a

County Court hearing centre which is specified in the Insolvency (Commencement of

Proceedings) and Insolvency Rules (Amendment) Rules 2014 as one in which

proceedings under Parts 1 to 11 of the Insolvency Act 1986 may be commenced,

unless subparagraph (2) applies.

(2) Proceedings within the London insolvency district may be started in the High

Court.

(3) In this paragraph—

(a) “Companies Acts” means the enactments specified in section 2 of the

Companies Act 2006; and

(b) “the London insolvency district” means the area specified in article 3 of the

London Insolvency District (County Court at Central London) Order 2014

(S.I. 2014/818).

3.4

A claim of a debtor or hirer for an order under section 129(1)(b) or 129(1)(ba) of the

Consumer Credit Act 2006 (known as a “time order”) must be made at the County

Court hearing centre where the claimant debtor or hirer resides or carries on

business (Practice Direction 7B, paragraph 4.3).

3.5

The claim form in respect of an application under the Mental Health Act 1983 must

be filed–-


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(a) in the County Court hearing centre serving the address where the patient's

place of residence is situated; or

(b) in the case of an application under section 30, in the court or County Court

hearing centre that made the order under section 29 which the application

seeks to discharge or vary (Practice Direction 8A, paragraph 18.2).

3.6

Applications for certification of enforcement agents under section 64 of the Tribunals

Courts and Enforcement Act 2007 must be made to one of the County Court hearing

centres listed in Practice Direction 84 at paragraph 2.2.

Claims and applications that may be started in any County Court hearing

centre, but which will be sent or transferred to another County Court hearing

centre following issue

4.

(1) In the following cases, a claim or application may be started or made at any

County Court hearing centre. However, if it has not been started or made in an

appropriate County Court hearing centre then, following issue, the claim or

application will be sent or transferred to the appropriate hearing centre in accordance

with the following rules and practice directions—

Claim or application Rule or Practice Direction

Certain Consumer Credit Act 2006 claims Practice Direction 7B, paragraphs 4.1,

4.2 and 5.1A

Possession claims Rules 55.3 and 55.5(1A)

Accelerated possession claims Rules 55.16(1A)

Landlord and tenant claims Rule 56.2

Applications for an injunction—

(a) Housing Act 1986 injunctions

(b) demotion or suspension claims

which are not made in the

alternative to a possession claim

Rule 65.3

Rule 65.14


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(c) claims under section 3 of the

Protection from Harassment Act

1997

(d) applications for an injunction

under the Policing and Crime Act

2009

Rule 65.28(1)(b)(ii) and (2)

Rule 65.43

(Practice Direction 65, paragraph 1.2

provides that, unless the court

otherwise orders, an application on

notice for an injunction under rule

65.43 or any other hearing requiring

the respondent’s attendance must be

heard at one of the County Court

hearing centres listed in that

paragraph.)

(2) A party should consider the potential delay which may result if a claim or

application is not made at the appropriate County Court hearing centre in the first

instance.

Part 8 claims (CPR 8.1(2A) and Practice Direction 8, paragraphs 4.1 and 4.2)

6.

A claim under the Part 8 procedure may be made at any County Court hearing centre

unless a rule, practice direction or enactment provides otherwise. 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.

Part 23 applications (CPR 23.2 and Practice Direction 23, paragraphs 5A.1 and

5A.2)

7.1

The general rule is that an application must be made to the County Court hearing

centre where the claim was started.

7.2

If a claim has been transferred to another court or transferred or sent to another

County Court hearing centre since it was started, an application must be made to the


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court to or County Court hearing centre to which the claim has been transferred or

sent, unless there is good reason to make the application to a different court.

7.3

If the parties have been notified of a fixed date for the trial, an application must be

made to the court where the trial is to take place.

7.4

If an application is made before a claim has been started, it must be made to the

court where it is likely that the claim to which the application relates will be started

unless there is good reason to make the application to a different court. An

application made in the County Court before a claim has been started may be made

at any County Court hearing centre, unless any enactment, rule or practice direction

provides otherwise.

7.5

If an application is made after proceedings to enforce judgment have begun, it must

be made to the court, or County Court hearing centre which is dealing with the

enforcement of the judgment unless any enactment rule or practice direction provides

otherwise.

7.6

If the claim is started in the County Court Money Claims Centre, an application made

after the claim has been started must be made to the County Court hearing centre to

which the claim has been sent, or, if the claim has not been sent to a County Court

hearing centre, to the County Court Money Claims Centre.

County Court Directory

8.

(1) The County Court Directory identifies—

(a) in column 1, each County Court hearing centre;

(b) in column 2—

(i) those hearing centres which are co-located at District Registries,

Chancery District Registries or Mercantile Courts; and


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(ii) those hearing centres which are designated as Civil Trial Centres;

(c) in column 3, the Civil Trial Centre to which cases allocated to the multi-

track, pursuant to Practice Direction 26, paragraph 10, may be transferred;

(d) in column 4—

(i) those hearing centres at which certain proceedings are must be started

such, as insolvency proceedings;

(ii) those hearing centres which are designated to hear certain proceedings,

such as race relations proceedings and applications on notice for an

injunction under the Policing and Crime Act 2009; and

(iii) those hearing centres which are designated as Technology and

Construction Courts; and

(e) in column 5, the feeder courts for those hearing centres designated as Civil

Trial Centres which are specified in the schedule to Practice Direction 26.

(A feeder court is a hearing centre which is not a Civil Trial Centre, and from which

proceedings may be transferred to a specified Civil Trial Centre.)

(2) The address and contact details for each County Court hearing centre can be

found by using the Court Finder tool available at: courttribunalfinder.service.gov.uk/

https://courttribunalfinder.service.gov.uk/

Practice Direction to 74th Update 9

SCHEDULE

COUNTY COURT DIRECTORY

Key Proceedings and co-located courts Relevant provisions

I Insolvency The Insolvency (Commencement of Proceedings)

and Insolvency Rules (Amendment) Rules 2014, S.I.

2014/817

C/LLP Company and Limited Liability Partnerships Practice Direction 2C, paragraph 3

CDR Chancery District Registry The Civil Courts Order 2014, S.I. 2014/819

CEA Certification of Enforcement Agents Practice Direction 84 – Enforcement by Taking

Control of Goods

CTC Civil Trial Centre Practice Direction 26 – Case Management –

Preliminary Stage: Allocation and Re-allocation

DR District Registry The Civil Courts Order 2014, S.I. 2014/819

GVI Application on notice for an injunction under the

Policing and Crime Act 2009

Practice Direction 65 – Proceedings Relating to Anti-

social Behaviour and Harassment

MC Mercantile Court Practice Direction 59 – Mercantile Courts

RR Race Relations The Civil Courts Order 1981, S.I. 1983/713

TCC Technology and Construction Court Practice Direction 63 – Technology and Construction

Courts


COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

COUNTY COURT HEARING CENTRE

DISTRICT REGISTRY, CHANCERY DISTRICT REGISTRY, MERCANTILE COURT OR CIVIL TRIAL CENTRE

CIVIL TRIAL CENTRE TO WHICH CASES ALLOCATED TO THE MULTI -TRACK WILL BE TRANSFERRED

ADDITIONAL PROCEEDINGS

CIVIL TRIAL CENTRES - FEEDER COURTS

Aberystwyth DR Swansea I C/LLP

Accrington Burnley

Aldershot & Farnham Winchester

Altrincham Manchester

Aylesbury Oxford I C/LLP

Banbury Oxford I C/LLP

Barnet Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)


Barnsley DR Sheffield I C/LLP

Barnstaple DR Exeter I C/LLP

Barrow-in-Furness DR Carlisle I C/LLP

Basildon Southend

Basingstoke DR Winchester

Bath DR Bristol I C/LLP

Bedford DR Luton I C/LLP

Birkenhead DR Liverpool I C/LLP CEA

Birmingham DR CDR MC CTC I C/LLP CEA GVI RR TCC Dudley

Blackburn DR Preston I C/LLP

Blackpool DR I C/LLP

Blackwood DR Cardiff I C/LLP

Bodmin Truro

Bolton DR Manchester I C/LLP

Boston DR Lincoln I C/LLP

Bournemouth & Poole DR CTC I C/LLP Weymouth

Bow Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)


Bradford DR CTC I C/LLP GVI Skipton

Brecon (hearings only – all administration is undertaken at Merthyr Tydfil)

DR (to be called Brecknock District Registry)

Cardiff

Brentford Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Bridgend DR Cardiff I C/LLP

Brighton DR CTC I C/LLP CEA Chichester, Eastbourne, Hastings, Horsham, Lewes, Worthing

Bristol DR CDR MC CTC I C/LLP CEA GVI RR TCC Bath, Weston-super- Mare

Bromley Central London

Burnley DR CTC I C/LLP CEA Accrington

Bury DR Manchester I C/LLP

Bury St Edmunds

DR Cambridge I C/LLP

Buxton Derby

Caernarfon DR CDR CTC I C/LLP CEA Llangefni

Cambridge DR CTC I C/LLP RR Bury St Edmunds, Chelmsford, Peterborough

Canterbury DR CTC I C/LLP RR Maidstone, Medway, Thanet


Cardiff DR CDR MC CTC I C/LLP CEA GVI TCC RR Blackwood, Bridgend, Newport (Gwent)

Carlisle

DR CTC I C/LLP RR Barrow-in-Furness, Kendal, West Cumbria

Carmarthen (hearings only)

DR Swansea I C/LLP

Central London (the building will closed in May 2014, after which the hearing centre will be relocated to the Royal Courts of Justice)

CTC Part of the London insolvency district (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court) CEA RR

Barnet, Bow, Brentford, Bromley, Clerkenwell & Shoreditch, Croydon, Edmonton, Kingston-upon-Thames, Lambeth, Mayor’s & City of London, Romford, Wandsworth, Hammersmith (formerly known as “West London”), Willesden, Woolwich, Uxbridge

Chelmsford DR Southend I C/LLP CEA

Chester DR MC CTC I C/LLP TCC Crewe, Macclesfield, Warrington

Chesterfield DR Derby I C/LLP

Chichester DR Brighton

Chippenham and Trowbridge

Winchester

Clerkenwell and Shoreditch

Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Colchester DR CTC Southend I C/LLP


Conwy & Colwyn (the building has closed - hearings are listed in Llandudno Magistrates Court; all administration is undertaken at Rhyl)

Caernarfon

Coventry DR CTC I C/LLP Nuneaton, Warwick

Crewe DR Chester I C/LLP

Croydon DR CTC Central London I C/LLP GVI

Darlington DR Middlesbrough I C/LLP

Dartford CTC Central London CEA

Derby DR CTC I C/LLP Buxton, Chesterfield

Doncaster DR Sheffield I C/LLP

Dudley (hearings take place at Dudley Magistrates' Court)

DR Birmingham I C/LLP

Durham DR Newcastle-upon-Tyne I C/LLP

Eastbourne DR Brighton I C/LLP

Edmonton Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Exeter DR CTC I C/LLP RR TCC Barnstaple, Torquay & Newton


Abbott

Gateshead Newcastle-upon-Tyne CEA

Gloucester and Cheltenham

DR CTC I C/LLP Cheltenham

Great Grimsby DR CTC I C/LLP Scunthorpe

Guildford DR I C/LLP Reigate, Staines

Halifax DR Huddersfield I C/LLP

Harrogate DR York I C/LLP

Hartlepool DR Middlesbrough

Hastings DR Brighton I C/LLP

Haverfordwest DR Swansea I C/LLP

Hereford DR Worcester I C/LLP

Hertford Luton I C/LLP CEA

High Wycombe Reading

Horsham Brighton

Huddersfield DR CTC I C/LLP Halifax

Ipswich DR Norwich or Southend I C/LLP

Kendal DR Carlisle I C/LLP

Kettering Northampton

King's Lynn DR Norwich I C/LLP

Kingston-upon-Hull DR CTC I C/LLP CEA Grimsby and Scunthorpe

Kingston-upon-Thames Central London I C/LLP


Lambeth Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Lancaster DR CTC I C/LLP None

Leeds DR CDR MC CTC I C/LLP TCC RR Wakefield

Leicester DR CTC I C/LLP GVI

Lewes Brighton

Lincoln DR CTC I C/LLP Boston

Liverpool DR CDR MC CTC I C/LLP GVI TCC Birkenhead, St Helens, Wigan

Llanelli Swansea

Llangefni (hearings only, all administration is undertaken at Caernarfon)

DR Caernarfon I C/LLP

Lowestoft Norwich

Luton DR CTC I C/LLP Bedford, Hertford, St Albans, Watford

Macclesfield DR Chester

Maidstone DR Canterbury I C/LLP

Manchester DR CDR MC CTC I C/LLP GVI RR TCC Altrincham, Bolton, Bury, Oldham, Stockport, Tameside

Mansfield DR Nottingham


Mayor's & City of London

CTC Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Medway DR Canterbury

Merthyr Tydfil DR Swansea I C/LLP

Middlesbrough DR CTC I C/LLP CEA Darlington, Hartlepool

Milton Keynes DR Oxford I C/LLP

Mold (hearings only – all administration is undertaken at Wrexham)

DR CDR MC Wrexham

Morpeth & Berwick Newcastle-upon-Tyne

Neath & Port Talbot Swansea I C/LLP

Newcastle-upon-Tyne DR CDR MC CTC I C/LLP GVI RR TCC Durham, Gateshead, Morpeth, North Shields, South Shields, Sunderland

Newport (Gwent) DR Cardiff I C/LLP

Newport (Isle of Wight) DR Portsmouth I C/LLP

Northampton DR CTC I C/LLP CEA Kettering, Peterborough

North Shields Newcastle-upon-Tyne

Norwich DR CTC I C/LLP CEA Ipswich, King's Lynn, Lowestoft


Nottingham DR CTC I C/LLP CEA GVI RR TCC Mansfield

Nuneaton Coventry

Oldham DR Manchester I C/LLP CEA

Oxford DR CTC I C/LLP CEA RR Aylesbury, Banbury, Milton Keynes

Peterborough DR Cambridge I C/LLP GVI

Plymouth DR CTC I C/LLP CEA RR None

Pontypridd DR Swansea I C/LLP

Portsmouth DR CTC I C/LLP GVI Newport (Isle of Wight)

Preston DR CDR CTC I C/LLP GVI Blackburn

Reading DR CTC I C/LLP High Wycombe, Slough

Reigate Guildford

Rhyl DR Contact the Rhyl hearing centre for information regarding the CTC

I C/LLP

Romford DR Central London I C/LLP

Rotherham Sheffield

Salisbury DR Swindon I C/LLP

Scarborough DR York I C/LLP

Scunthorpe DR Great Grimsby I C/LLP

Sheffield DR CTC I C/LLP GVI Barnsley, Doncaster, Rotherham

Skipton DR Bradford

Slough Reading I C/LLP


Southampton DR CTC I C/LLP CEA RR None

Southend DR CTC I C/LLP Basildon, Chelmsford, Colchester, Ipswich

South Shields DR Newcastle-upon-Tyne

St Albans Luton I C/LLP

St Helens DR Liverpool

Stafford DR Stoke-on-Trent I C/LLP

Staines Guildford

Stockport DR Manchester I C/LLP

Stoke-on-Trent DR CTC I C/LLP Stafford, Walsall

Sunderland DR Newcastle-upon-Tyne I C/LLP

Swansea DR CTC I C/LLP CEA Aberystwyth, Brecon, Carmarthen, Haverfordwest, Llanelli, Merthyr Tydfil, Neath, Pontypridd

Swindon DR CTC I C/LLP Trowbridge, Salisbury

Tameside CTC Manchester I C/LLP

Taunton DR CTC I C/LLP Yeovil

Telford DR CTC I C/LLP Wolverhampton

Thanet DR Canterbury

Torquay & Newton Abbot

DR Exeter I C/LLP

Truro DR CTC I C/LLP Bodmin

Tunbridge Wells DR Canterbury I C/LLP


Uxbridge Central London

Wakefield DR Leeds I C/LLP

Walsall DR Stoke-on-Trent I C/LLP

Wandsworth Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Warrington DR Chester I C/LLP

Warwick Coventry I C/LLP

Watford Luton

Welshpool & Newtown (hearings only – all administration is undertaken at Wrexham)

DR Wrexham I C/LLP

West Cumbria DR (to be called Workington District Registry)

Carlisle I C/LLP

Hammersmith (formerly known as “West London”)

Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court) GVI

Weston-super-Mare Bristol


Weymouth DR Bournemouth I C/LLP

Wigan DR Liverpool I C/LLP

Willesden Central London Part of the London Insolvency District (High Court for Parts 1 to 7, County Court at Central London for Parts 7A to 11) (C/LLP should be started in the High Court)

Winchester DR CTC I C/LLP Aldershot & Farnham, Basingstoke

Wolverhampton DR Telford I C/LLP

Woolwich Central London

Worcester DR CTC I C/LLP CEA Hereford

Worthing DR Brighton

Wrexham DR CTC Wrexham I C/LLP RR CEA Mold, Rhyl, Welshpool and Newton

Yeovil DR Taunton I C/LLP

York DR CTC I C/LLP CEA Harrogate, Scarborough”

Documents

74th Update: Practice Direction Amendments - … · 74th UPDATE – PRACTICE DIRECTION AMENDMENTS ... paragraph 2(2) of the Constitutional Reform Act 2005, ... (Amendment) Rules 2014