1

This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 1999 and shall come into force on 26th April 1999.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see above.

2

2

In this Order an article referred to by number alone means the article so numbered in the High Court and County Courts Jurisdiction Order 1991.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

Amendments to the High Court and County Courts Jurisdiction Order 1991

3

Amendments to the High Court and County Courts Jurisdiction Order 19913

For “plaintiff”, wherever it appears, substitute “claimant”.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

4

4

In article 4, after “articles”, insert “4A,”.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

5

5

After article 4, insert—

“4A

Except for proceedings to which article 5 applies, a claim for money in which county courts have jurisdiction may only be commenced in the High Court if the financial value of the claim is more than £15,000.”

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

6

6

In article 5:—

(a)    for paragraph (1), substitute:—

“(1)    Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the financial value of the claim is £50,000 or more.”;

(b)    after paragraph (2), insert:—

“(3)    This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).”.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

Civil Procedure & Administration of Justice99 Remedies99

7

7

Omit article 7.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

8

8

In sub-paragraph (1)(b) of article 8, for “£1,000”, substitute “£600”.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

9

9

For article 9, substitute:—

“Financial value of claim9

For the purposes of Articles 4A and 5, the financial value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.”.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

Civil Procedure & Administration of Justice94 Litigation Procedure & Practice94

10

10

Omit article 10.

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

11

11

Omit article 12(b).

NOTES
Initial Commencement
Specified date

Specified date: 26 April 1999: see art 1.

Signature

Irvine of Lairg, C.

Dated 30th March 1999

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order makes amendments to the High Court and County Court Jurisdiction Order 1991 as a result of the implementation of the Civil Procedure Rules 1998 on 26th April 1999. The effects of the amendments are as follows:

—To restrict commencement of claims for money in the High Court to claims for more than £15,000. As at present, a personal injury claim, other than a claim for clinical negligence, may not be brought in the High Court unless the claim is for £50,000 or more.

—To omit article 7 dealing with allocation of trial as there are provisions governing this in the Civil Procedure Rules.

—To change the limit of a judgment or order of a county court that may be enforced only in a county court from £1,000 to £600.

—To provide that the financial value of a claim is to be calculated in accordance with the Civil Procedure Rules.

Tort93 Civil Procedure & Administration of Justice93 High Court97 Litigation Procedure & Practice93 Negligence93 Civil Courts97