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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 2000).

For more information please contact us on 023 8023 5979 or email us on solicitors@lawdit.co.uk.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and civil litigation.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2010-02-20 16:38:20 in Legal Articles

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