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4477

STATUTORY INSTRUMENTS


1964 No. 1974 (L. 16)

COUNTY COURTS
PROCEDURE

The County Court (Amendment No. 2 ) Rules 1964

Made 14th December 1964
Coming into Operation—
Rules 8, 18, 20 1st March 1965
Rule 13(3) 6th April 1965
Remainder 1st January 1965

1.(1) These Rules may be cited as the County Court Amendment No. 2) Rules 1964.

(2) In these Rules an Order and Rule referred to by number means the Order and Rule so numbered in the County Court Rules 1936 (a)[1], as amended (b )[2], " Appendix A " means Appendix A to those Rules and a Form referred to by number means the Form so numbered in that Appendix.

(3) The Interpretation 1889(c)[3] shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.

2. For paragraph (3) of Rule 1 of Order 2 there shall be substituted the following paragraph:—

"(3) Where the plaintiff's claim—

(a) is founded on a hire-purchase agreement but is not for the delivery of goods, or

(b) is founded on a contract for the sale or hire of goods under which the purchase price or rental is payable otherwise than in one sum,

then, unless the amount claimed (including, in a case falling within para graph (6), the value of any goods of which delivery is claimed) exceeds £100, paragraph (1)(b) of this Rule shall have effect as if for the words 'the cause of action wholly or in part arose' there were substituted the words 'the defendant or one of the defendants resided or carried on business when the contract was made'."

3. In paragraph (2)(e) of Rule 2 of Order 6 for the words "under a hire purchase agreement to recover more" there shall be substituted the words "on a claim arising out of a hire-purchase agreement unless the claim is for no more".

4. The following amendments shall be made in Order 7:—

(1) Paragraph (1) of Rule 7A shall be amended as follows:—

(a) After the words " hire-purchase agreement " there shall be inserted the words " to a person other than a body corporate".


  1. (a) S.R. & O. 1936/626 ( 1936 I, p. 282 ).
  2. (b) The relevant amending Instruments are S.R. & O. 1938/18, 1475, 1939/815, 1947/2576,S.I. 1950/1231, 1993, 1952/72198, 1954/1675, 1955/1799, 1956/1243, 1851, 1957/174, 1136,1958/2226, 1960/1275, 1961/1526, 1962/1293 (1938 I, pp . 977, 990; 1939 I, p. 469; 1947 I, p. 366; 1950 I, pp. 400, 440; 1952 I, p. 635; 1954 I, p . 541; 1955 I, p. 530; 1956 I, pp. 541, 545; 1957 I, pp. 512, 517; 1958 I, p. 372; 1960 I, p. 809; 1961 II, p. 3177; 1962 II, p . 1383).
  3. (c) 52 & 53 Vict. c. 63.