HL Deb 24 October 1990 vol 522 cc1341-2

1 Clause 1, page 2, line 22, at end insert:

'(3A) An order under subsection (1) (b), (e) or (g) may specify one or more particular county courts in relation to the proceedings so specified.

(3B) Any jurisdiction exercisable by a county court, under any provision made by virtue of subsection (3A), shall be exercisable throughout England and Wales.

(3C) Rules of court may provide for a matter—

  1. (a) which is pending in one county court; and
  2. (b) over which that court has jurisdiction under any provision made by virtue of subsection (3A),

K2 be heard and determined wholly or partly in another county court which also has jurisdiction in that matter under any such provision.'.

2 Page 3, line 4, leave out 'High Court' and insert 'Supreme Court'.

3 Clause 2, page 5, line 27, after 'any' insert 'judge, district judge or'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 3 en bloc. The amendments concern the first two clauses in the Bill, which deal with the allocation of business between the High Court and county courts, and the transfer of proceedings between courts.

Amendment No. 1 would enable me, when conferring jurisdiction in a particular area of law on the county courts under subsection (1) of Clause 1, to choose one or more county courts which should exercise that jurisdiction rather than conferring it upon all county courts. This follows an undertaking which I gave to the noble Lord, Lord Lloyd of Kilgerran, during Report stage to consider whether the Bill in its present form would allow specialist jurisdiction to be conferred upon particular county courts. Your Lordships will know that we have done that in relation to patent jurisdiction in respect of a county court.

Amendment No. 2 concerns subsection (9) of Clause 1, which presently requires me to report to Parliament annually about the business of the High Court and the county courts. The amendment substitutes for the reference to the High Court a reference to the Supreme Court, thus including the Court of Appeal and the Crown Court as well as the High Court. These courts are all part of the court service for which I have responsibility and are already covered in my annual report on the court service. It is appropriate that the report made to Parliament should deal with the court service as a whole. Your Lordships will have seen my report since we last discussed this matter.

Amendment No. 3 seeks to clarify Clause 2(4) to make it clear that judicial officers, judges or district judges may make an order for transfer to another county court in the course of some other action on the case.

Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 3.—(The Lord Chancellor.)

Lord Mishcon

My Lords, these amendments are most welcome.

On Question, Motion agreed to.