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PRACTICE DIRECTION – County Court Closures

1. 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

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.

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2. 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

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.

2.3

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 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.

2.5

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

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Schedule 1 – Civil Proceedings (generally)

Key  
Court A Closing Court
Court B Recipient Court. There may be more than one recipient court.
Ref 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
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Schedule 2 – Family Proceedings

Key  
Court A Closing Court
Court B Recipient Court. There may be more than one recipient court.
Ref 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
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Schedule 3 - Insolvency Proceedings

Key  
Court A Closing Court
Court B Recipient Court. There may be more than one recipient court.
Ref 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)
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