PARLIAMENTARY DEBATES

HOUSE OF COMMONS

OFFICIAL REPORT

First Standing Committee on Statutory Instruments, &c.

DRAFT HIGH COURT AND COUNTY COURTS JURISDICTION (AMENDMENT) ORDER 1994

DRAFT COUNTY COURT REMEDIES (AMENDMENT) REGULATIONS 1994

Tuesday 24 January 1995

LONDON: HMSO

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1

The Committee consisted of the following Members:

Chairman: MRS. Ann Winterton

Abbott, Ms. Diane (Hackney, North and Stoke Newington)

Alexander, Mr. Richard (Newark)

Beith, Mr. A. J. (Berwick-upon-Tweed)

Boateng, Mr. Paul (Brent, South)

Corston, Ms. Jean (Bristol, East)

Gerrard, Mr. Neil (Walthamstow)

Khabra, Mr. Piara S. (Ealing, Southall)

Lidington, Mr. David (Aylesbury)

Marshall, Sir Michael (Arundel)

Milburn, Mr. Alan (Darlington)

Page, Mr. Richard (Hertfordshire, South-West)

Pawsey, Mr. James (Rugby and Kenilworth)

Powell, Mr. William (Corby)

Sumberg, Mr. David (Bury, South)

Taylor, Mr. John M. (Parliamentary Secretary, Lord Chancellor's Department)

Tipping, Mr. Paddy (Sherwood)

Viggers, Mr. Peter (Gosport)

Wood, Mr. Timothy (Lords Commissioner to the Treasury)

Mr. M. Hennessy, Committee Clerk

2
3 First Standing Committee on Statutory Instruments, &c. Tuesday 24 January 1995

[MRS. ANN WINTERTON in the Chair]

Draft High Court and County Courts Jurisdiction (Amendment) Order 1994

4.30 pm

The Parliamentary Secretary, Lord Chancellor's Department (Mr. John M. Taylor): I beg to move, That the Committee has considered the draft High Court and County Courts Jurisdiction (Amendment) Order 1994.

The Chairman: With this it will be convenient to consider the draft County Court Remedies (Amendment) Regulations 1994.

Mr. Taylor: Thank you, Mrs. Winterton. I am sure that I speak for all members of the Committee when I say that it is a pleasure for us to serve under your chairmanship. Perhaps I may tempt providence by thanking my hon. Friends in anticipation of their support. Both of the statutory instruments being debated were laid before the House on 29 November 1994. This is an important day in the progress of the Central London county court—the day when its commercial jurisdiction comes of age. The first amendment made by the draft High Court and County Courts Jurisdiction (Amendment) Order 1994 will enable cases worth up to £200,000 to be dealt with in the Central London county court business list. The business list provides a county court jurisdiction for commercial cases. The present limit is £50,000. The draft county Court Remedies (Amendment) Regulations 1994 enable Mareva injunctions and Anton Piller orders to be made in business list cases by a circuit judge nominated by a senior presiding judge. 4 The effect of the second, unconnected amendment made by the draft High Court and County Courts Jurisdiction (Amendment) Order 1994 is that judgments given in proceedings arising out of the Consumer Credit Act 1974 may be enforced only in a county court, whatever enforcement method is chosen. The draft instruments were approved in another place on 16 December 1994.

4.32 pm

Mr. Paul Boateng (Brent, South): It is indeed a pleasure, Mrs. Winterton, to serve on a Committee under your chairmanship, but unfortunately, the nature of these two statutory instruments means that it is a pleasure that will not be long drawn out. I am able, on behalf of the Opposition, to welcome the two statutory instruments. It is, as the Minister said, an important day for the Central London county court. We look forward to the increase in business that will come before that court, and to the savings in both the time and the expense that would otherwise accrue to the actions concerned because of the fact that they would have to be commenced in the High Court. We give these statutory instruments a welcome and a fair wind.

Question put and agreed to.

Resolved, That the Committee has considered the draft High Court and County Courts Jurisdiction (Amendment) Order 1994.

DRAFT COUNTY COURT REMEDIES (AMENDMENT) REGULATIONS 1994

Resolved, That the Committee has considered the draft County Court Remedies (Amendment) Regulations 1994.—[Mr. John M. Taylor.]

Committee rose at twenty-six minutes to Five o'clock.

THE FOLLOWING MEMBERS ATTENDED THE COMMITTEE:

Winterton, Mrs. Ann (Chairman)

Alexander, Mr.

Boateng, Mr.

Corston, Ms.

Lidington, Mr.

Page, Mr.

Pawsey, Mr.

Powell, Mr. William

Taylor, Mr. John M.

Tipping, Mr.

Viggers, Mr.

Wood Mr.