Remedies available in county courts [UK]

“38Remedies available in county courts.

(1)Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.

(2)Any order made by a county court may be—

(a)absolute or conditional;
(b)final or interlocutory.

(3)A county court shall not have power—

(a)to order mandamus, certiorari or prohibition; or
(b)to make any order of a prescribed kind.

(4)Regulations under subsection (3)—

(a)may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;
(b)may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;
(c)may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and
(d)may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.

(5)In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section.

(6)The power to make regulations under this section shall be exercised by statutory instrument.

(7)No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.”


Representation in certain county court and family court cases.

(1)The Lord Chancellor may, with the concurrence of the Lord Chief Justice, by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in the county court of such a kind as may be specified in the order.

(2)The power to make an order may only be exercised in relation to proceedings—

(a)for the recovery of amounts due under contracts for the supply of goods or services;
(b)for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;
(c)on any application under the Consumer Credit Act 1974;
(d)in relation to domestic premises; or
(e)dealt with as a small claim in accordance with rules of court,]or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.

(3)Where an order is made under this section, section 20 of the M2Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.

(4)Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.

(5)Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.

(6)Where, in any proceedings in the county court—

(a)a person is exercising a right of audience or a right to conduct litigation;
(b)he would not be entitled to do so were it not for an order under this section; and
(c)the judge has reason to believe that (in those or any other proceedings in which he has exercised a right of audience or a right to conduct litigation) that person has intentionally misled the court, or otherwise demonstrated that he is unsuitable to exercise that right,the judge may order that person’s disqualification from exercising any right of audience or any right to conduct litigation in proceedings inthe county court.

(7)Where a judge makes an order under subsection (6) he shall give his reasons for so doing.

(8)Any person against whom such an order is made may appeal to the Court of Appeal.

(9)Any such order may be revoked at any time by any judge of the county court.

(9A)This section applies in relation to the family court as it applies in relation to the county court.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.

(12)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).


Source : Courts and Legal Services Act 1990