PRACTICE DIRECTION – County Court Closures
Contents of this Practice Direction | |
Title | Number |
Scope and Interpretation | Para. 1 |
Transfer of Work | Para. 2. |
ANNEX Schedule 1 – Civil Proceedings (generally); Schedule 2 – Family Proceedings; and Schedule 3 – Insolvency Proceedings |
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.
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.
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 |
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 |
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) |