County Court proceedings - new practice direction

County Court proceedings - new practice direction

Generally CPR updates come into force on 1 April and 1 October of each year.  However, as practitioners have come to expect in recent years, there are adhoc changes during the rest of the year as well.

Today saw the circulation of a new and unexpected 74th CPR update.  This provides for a new practice direction 2C to deal with starting proceedings in the County Court. Despite being circulated today, the provisions actually came into force on Thursday 31 July.

The practice direction applies to proceedings in the County Court. It clarifies for practitioners where claims and applications should be commenced and whether they may be sent, or transferred to, if started in the wrong court. The practice direction also provides a directory which identifies each County Court hearing centre together with additional information if appropriate.

The following is covered by the practice direction:

  • CPR PD 2C, para 3.1:  Proceedings must be commended in a specific court. Failure to do so will result in it being transferred and this could result in a delay to issuing and hence limitation issues.
  • CPR PD 2C, para 3.1(3): Specialist claims must be commenced in the stated County Courts eg TCC claims in the courts designated by CPR PD 60, paras 3.1 and 3.4
  • CPR PD 2C, para 3.2: The general rule is that a Part 7 claim for money must be sent to the County Court Money Claims Centre (CCMCC). A specified address is provided and any claim issued through the Money Claim Online scheme (CPR PD 7E) must be sent electronically.
  • CPR PD 2C, para 3.3: Specific rules apply when dealing with proceedings under the Companies Acts or the Limited Liability Partnership Act 2000.
  • CPR PD 2C, para 3.4: A claim for a debtor or hirer for an order under the Consumer Credit Act 2006 must be made at the County Court hearing centre where the claimant debtor or hirer resides or carries on business.
  • CPR PD 2C, para 3.5: Deals with claims under the Mental Health Act.
  • CPR PD 2C, para 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 CPR PD 84, para 2.2.
  • CPR PD 2C, para 4: Sets out where to start specific claims as set out in CPR rules or practice directions.
  • CPR PD 2C, para 5: There is no para 5.
  • CPR PD 2C, para 6: Part 8 claims can be made at any County Court hearing centre unless a CPR provision states otherwise.
  • CPR PD 2C, para 7: Deals with Part 23 applications with the general rule being that such applications occur in the court in which the claim was started. Provisions apply if the claim has been transferred or if the application is made prior to commencement of proceedings or after proceedings to enforcement a judgment.
  • CPR PD 2C, para 8: Sets out the County Court Directory information.
  • Schedule: Provides the County Court Directory.

Click here to download a copy.

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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.