HL Deb 27 October 1982 vol 435 cc567-8

10 Clause 35, page 23, line 15, after 'be', insert 'transferred to the High Court. (1A) A judgment or order transferred to the High Court by virtue of subsection (1) above may be'.

11 Clause 35, page 23, line 16, at end insert 'and shall be treated as a judgment or order of the High Court for all purposes except—

  1. (a) that powers to set aside, correct, vary or quash a judgment or order of a county court shall continue to be exercisable in relation to it and powers to set aside, correct, vary or quash a judgment or order of the High Court shall not be exercisable, and
  2. (b) that enactments relating to appeals from a judgment or order of a county court shall continue to apply to it and enactments relating to appeals from a judgment 01 order of the High Court shall not apply.'.

12 Clause 35, page 23, line 17, leave out subsection (2).

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 10, 11 and 12. Clause 35 enables persons who have obtained judgments in the county courts to transfer them to the High Court for the purposes of enforcement. These three drafting amendments make it clear that the judgment in question remains a judgment of the county court for all purposes except for the purpose of enforcement. I beg to move.

Moved, That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)

Lord Mishcon

My Lords, these amendments make the Bill very much clearer than it was before in regard to the actual procedure of transferring the enforcement of the debt over to the High Court from the county court and, therefore, it is to be welcomed.

On Question, Motion agreed to.