Claims that must be started in the County Court
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14 February 2010
By Riyaz Jariwalla
Certain claims must be brought in a county court. These claims
are the following:
(a) Claims under the Consumer Credit Act 1974 may only be
brought in a county court, normally the county court where the debtor resides or
carries on business (PD 7B, para. 4).
(b) A mortgage possession claim must be brought in the county
court for the district in which the land is situated unless circumstances such
as complex factual disputes or points of law of general importance justify
starting a claim in the High Court (CPR, r. 55.3; PD 55, para. 1)
(c) Applications under the Access to Neighbouring Land Act 1992,
s. 1, must be started in a county court (High Court and County Courts
Jurisdiction Order 1991, art. 6A).
(d) Proceedings to enforce claims of sex discrimination made
unlawful under the Sex Discrimination Act 1975, part III, may be brought only in
a county court (Sex Discrimination Act 1975, s. 66). A High Court judge dealing
with a judicial review claim arising out of facts including an allegation of
unlawful sex discrimination must refuse to decide the discrimination issue, and
related legal points, as these are matters for the county court (R v South
Bank University, ex parte Coggeran (2000) The Times, 19 September
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Riyaz Jariwalla is a solicitor who specialises in
intellectual property law and civil litigation.
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Article Published/Sorted/Amended on Scopulus 2010-02-20 16:38:20 in Legal Articles