PRACTICE DIRECTION 2C - STARTING PROCEEDINGS IN THE COUNTY COURT

Contents of this Practice Direction

TitleNumber
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
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
Applications made in pre-existing claims and applications Para. 5

Scope

1. This Practice Direction applies to Proceedings in the County Court.

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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.

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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, the claim must be started at that centre.

(2) If a claim or application is started at the wrong hearing centre, it may be sent to the correct hearing centre and issued there or returned to the claimant unissued.

3.2

(1) Unless it is a claim for which special procedures are provided in Rules or in practice directions, 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 Civil National Business Centre, St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH. DX 702885 Northampton 7.

(2) A person who is permitted to start a Part 7 claim through the Production Centre pursuant to Practice Direction 7B must send the claim form to the Production Centre at the Civil National Business Centre at St Katharine's House at the above address.

(3) An application for a Part 7 claim to be issued through the Money Claim Online scheme must be sent electronically. Any other document, application or request, other than one filed electronically, must be sent to the Civil National Business Centre at St Katharine’s House at the above address.

3.3

(1) County Court proceedings under the Companies Acts or the Limited Liability Partnerships Act 2000 may be started either in a County Court hearing centre as permitted under any enactment or at the County Court at Central London.

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.

3.5 The claim form in an application under the Mental Health Act 1983 must be filed–

(a) in the County Court hearing centre serving the address where the patient lives; or

(b) in an application under section 30, in the court or County Court hearing centre that made the order under section 29 of the Act.

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.

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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

4

(1) Where a court officer considers that a claim or application could more appropriately be determined in a different County Court hearing centre, the claim or application may be sent to that centre.

4.2 A person wishing to find the most appropriate centre for the claim or application may consult the Court Finder tool at https://courttribunalfinder.service.gov.uk/, or enquire at their local County Court hearing centre.

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Applications made in pre-existing claims and applications

5.1 An application made in the course of an existing claim or application  must be made to the County Court hearing centre where the claim was started or to which it has been transferred.

5.2 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

5.3 If the claim is started in the Civil National Business 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 Civil National Business Centre.

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