PRACTICE DIRECTION 2E – JURISDICTION OF THE COUNTY COURT THAT MAY BE EXERCISED BY A LEGAL ADVISER
This Practice Direction supplements CPR Part 2
Contents of this practice direction
1. Scope and interpretation
1.1 This Practice Direction applies to proceedings in the County Court started at the County Court Business Centre (“CCBC”) and the County Court Money Claims Centre (“CCMCC”). It specifies the jurisdiction that may be exercised by a legal adviser and any restrictions that apply.
1.2 In this Practice Direction—
(a) “the County Court Business Centre” means the Production Centre and Money Claim Online;
(b) “legal adviser” means a court officer assigned to the County Court who is—
(i) a barrister;
(ii) a solicitor, or
(iii) a Fellow of the Chartered Institute of Legal Executives,
who may exercise the jurisdiction of the County Court with regard to the matters set out in paragraph 2.1 and in the schedule to this Practice Direction, with the consent of the Designated Civil Judges for Northampton and Leicester Trial Centre in respect of the CCBC, and Greater Manchester in respect of the CCMCC, or their respective nominees.
2. Jurisdiction of the County Court that may be exercised by a legal adviser
2.1 A legal adviser may exercise the jurisdiction of the County Court with regard to the matters set out in the first column of the Schedule to this Practice Direction, subject to the corresponding restrictions in the second column.
3. Reconsideration of a decision made by a legal adviser
3.1 Decisions of a legal adviser will be made without a hearing.
3.2 A party may request any decision of a legal adviser to be reconsidered by a District Judge.
3.3 A request must be filed within 14 days after the party is served with notice of the decision.
3.4 The request may include a summary of the issue and an explanation of why the reconsideration is sought.
3.5 Reconsideration will take place without a hearing.
Schedule - Jurisdiction of the County Court that may be exercised by a legal adviser
Restrictions on the exercise of
|1. Limited to errors made by the court|
Limited to errors made by the court.
2. Application to extend time for service of the claim form pursuant to rule 7.6
Limited to the first such application and further limited to applications—
(a) made within the period specified in rule 7.6(2); and
3. Application for an order permitting service at an alternative place, pursuant to rule 6.15(1)
4. Applications for an extension of time in which to serve the particulars of claim
Limited to applications made within the period specified in rule 7.4 or any extension of that time for service of the particulars of claim.
5. Applications to amend a claimant’s or defendant’s address or details after service, pursuant to rule 17.1(2)
6. Application to amend the particulars of claim or the amount of the claim pursuant to rule 17.1(2), but excluding any application to which rule 17.4(1)(b) applies
(a) applications received before a defence is filed; or
(b) if an application is received after a defence is filed, claims which have been, or would normally be, allocated to the small claims track or to the fast track.
7. Application to add or substitute a party to the proceedings pursuant to rule 19.4
Limited to applications where all existing parties, upon whom
the claim has been served and who have acknowledged service, and the proposed new party agree to the addition or substitution.
8. Application or request to set aside default judgment, pursuant to rule 13.2
9. Application to set aside default
Limited to applications where—
(a) all parties consent; and
(b) the judgment is not satisfied.
10. Application to vary default judgment entered under Part 12, pursuant to rule 13.3
Limited to applications which relate to the time and/or rate of payment.
11. Application to extend time for filing or serving a defence
Limited to the first such application by each defendant and subject to the further limitation that time can be extended for a period not exceeding 28 days.
12. Application to make a counterclaim after a defence has been filed, pursuant to rule 20.4(2)(b)
Limited to applications where the limitation period for bringing the counterclaim has not expired.
13. Application to appoint a new litigation friend in substitution for an existing one pursuant to rule 21.7(1)(c)
14. Application to extend time for complying with a notice of proposed allocation in accordance with rule 26.3(1)
Provided that any extension is for a period not exceeding 28 days.
15. Application to stay proceedings pursuant to rule 26.4(2A) or to extend the period of a stay pursuant to rule 26.4(3)
Provided that any stay, or extension of the stay, is for a period not exceeding 28 days.
16. Application to remove a stay of proceedings
Limited to applications where —
(a) all parties consent; or
17. Applications for interim payments
Limited to applications where all parties consent to the payment.”.
18. Entering and sealing an agreed judgment pursuant to rule 40.6(2)
19. Applications for judgments or orders (including orders made under rule 40.6(3)(b)(ii)) in terms agreed pursuant to rule 40.6(5)
20. Application for an Order that a solicitor has ceased to act pursuant to rule 42.3
21. Applications for a certificate of judgment by a judgment creditor who seeks to enforce a County Court judgment abroad, pursuant to rule 74.12
22. Applications for a certificate of money provisions by a judgment creditor who seeks to enforce a money judgment of the County Court in another part of the United Kingdom, pursuant to rule 74.17