PRACTICE DIRECTION – COUNTY COURT CLOSURES
PRACTICE
DIRECTION – COUNTY COURT CLOSURES
Contents of this Practice Direction
| Title |
Number |
|---|
| Scope and Interpretation |
Para. 1.1 |
| Transfer of Work |
Para. 2.1 |
| ANNEX |
|
Scope and Interpretation
1.1
This Practice Direction prescribes the procedure for the
transfer of work from a county court prior to its closure.
1.2
In this Practice Direction –
‘closing court’ means a court
which is subject to closure; and
‘recipient court’ means a
court or courts to which work from the closing court is to be transferred in
accordance with paragraphs 2.1 - 2.5.
Transfer of Work
2.1
If a court is to be closed, work shall be transferred to
the recipient court which has been identified in directions made by the Lord
Chancellor, under section 2 of the County Courts Act 1984, having consulted the
Lord Chief Justice and, where necessary, following consultation between the
Lord Chief Justice and the Master of the Rolls, Chancellor of the High Court or
the President of the Family Division.
2.2
The transfer of work shall, so far as possible and
subject to any direction of a judge in any particular case, be in accordance
with the annexed schedules, namely: ‘Schedule 1 - Civil Proceedings
(generally)’, ‘Schedule 2 - Family Proceedings’ and ‘Schedule 3 -
Insolvency Proceedings’ (‘the schedules’).
2.3
Any case falling outside the categories of work listed in
the schedules will be referred to a judge in the closing court for
determination of the appropriate recipient court.
2.4
If a case is transferred from the closing court to a
recipient court by an order made under rule 3.3(4) of the Civil Procedure Rules
or rule 4.3(4) of the Family Procedure Rules, the closing court shall notify
all parties that they may apply to the recipient court, on notice and within 7
days of the date of service of the transfer order, to vary the court to which
the case should be transferred.
2.5
On the date that a court closes, all work which has not
previously been transferred from that court shall be transferred to the
recipient court or courts in accordance with paragraph 2.1.
ANNEX
Schedule 1 – Civil Proceedings (generally)
| Key |
|
|---|
| Court A |
Closing Court |
| Court B |
Recipient Court. There may be more than one
recipient court. |
|
Timing (period prior to closure) |
Procedure |
Action (subject to any direction of a judge in
accordance with paragraph 2.2 of the Practice Direction) |
|---|
| 1.1 |
3 months |
Request to issue a Part 7 claim at Court A |
Transfer to and issue in the name of Court B |
| 1.2 |
3 months |
Cases transferred to Court A on receipt of a
defence from a defendant |
Case to remain at Court A for directions under
CPR Part 26 |
| 1.3 |
3 months |
Requirement to list a case/application for date
post-closure |
Transfer proceedings to Court B for that court to
list for hearing |
| 2 |
2 months |
Request to issue Part 8 claim at Court A
(including claim for possession under Part 55) |
Issue the case at Court A but transfer
proceedings to Court B for that court to list for hearing |
| 3.1 |
6 weeks |
Request to issue or re-issue warrant of execution
(including possession warrants not issued through PCOL) where Court A is the
home court |
Transfer warrant to Court B for execution |
| 3.2 |
6 weeks |
Receipt of a foreign warrant (electronic) |
Before printing – update executing field to
‘Court B’ (where it will then be executed as a foreign warrant) |
| 3.3 |
6 weeks |
Receipt of foreign warrant (paper) |
Forward to Court B for manual input and
execution |
| 3.4 |
6 weeks |
Receipt of possession warrants from PCOL |
Update executing field to ‘Court B’. This
will create a final return – warrants should then be entered as a foreign
warrant at Court B |
| 4 |
2 months (or when lists become full, whichever is
the sooner) |
Receipt of enforcement process that requires a
hearing, including applications for an order to obtain information from
judgment debtors |
Transfer proceedings to Court B for that court to
list for hearing |
| 5 |
2 months |
Consolidated orders |
Transfer to Court B following payment of
dividend |
Schedule 2 – Family Proceedings
| Key |
|
|---|
| Court A |
Closing Court |
| Court B |
Recipient Court. There may be more than one
recipient court. |
|
Timing (months prior to closure) |
Procedure |
Action (subject to any direction of a judge in
accordance with paragraph 2.2 of the Practice Direction) |
|---|
| 1.1 |
3 months |
Request to issue new family proceedings |
To be forwarded to and issued in the name of
Court B |
| 1.2 |
3 months |
Request to issue applications within existing
family proceedings |
Transfer proceedings to Court B for that court to
list for hearing |
Schedule 3 – Insolvency Proceedings
| Key |
|
|---|
| Court A |
Closing Court |
| Court B |
Recipient Court. There may be more than one
recipient court. |
|
Timing (months prior to closure) |
Procedure |
Action (subject to any direction of a judge in
accordance with paragraph 2.2 of the Practice Direction) |
|---|
| 1.1 |
2 months (or when lists become full which ever is
the sooner) |
Insolvency – creditors petitions |
Transfer proceedings to Court B for that court to
list for hearing |
| 1.2 |
2 months (or when lists become full, whichever is
the sooner) |
Insolvency – winding up petitions (High
Court) |
Transfer proceedings to Court B for that court to
list for hearing |
| 1.3 |
2 months (or when lists become full which ever is
the sooner) |
Insolvency – statutory demands |
Transfer proceedings to Court B for that court to
list for hearing (should judicial practice be to list for hearing) |
| 1.4 |
2 months (or when lists become full which ever is
the sooner) |
Insolvency – company voluntary
arrangements |
Transfer proceedings to Court B for that court to
list for hearing (should judicial practice be to list for hearing) |
| 1.5 |
2 months (or when lists become full which ever is
the sooner) |
Insolvency – transfers in from other county
courts |
Transfer to Court B |
| 1.6 |
2 months (or when lists become full which ever is
the sooner) |
Insolvency – applications |
Transfer proceedings to Court B for that court to
list for hearing (should a hearing be necessary) |
Updated: Monday, 30 January 2017
