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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
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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/
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
Practice Direction to 74th Update 10
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)
Practice Direction to 74th Update 11
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)
Practice Direction to 74th Update 12
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
Practice Direction to 74th Update 13
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
Practice Direction to 74th Update 14
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
Practice Direction to 74th Update 15
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
Practice Direction to 74th Update 16
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
Practice Direction to 74th Update 17
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
Practice Direction to 74th Update 18
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
Practice Direction to 74th Update 19
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
Practice Direction to 74th Update 20
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
Practice Direction to 74th Update 21
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”