§ 11.44 a.m.
§ The Lord Chancellor (Lord Mackay of Clashfern) rose to move, That the draft order laid before the House on 29th November be approved [2nd Report from the Joint Committee].
§ The noble and learned Lord said: My Lords, I beg to move that the draft High Court and County Courts Jurisdiction (Amendment) Order 1944 laid before the House on 29th November 1994, be approved. As the draft County Court Remedies (Amendment) Regulations 1994 are closely connected, I shall speak also to that Motion and move it formally later.
§ The draft High Court and County Courts Jurisdiction (Amendment) Order 1994 makes two amendments to the High Court and County Courts Jurisdiction Order 1991. The first amendment will enable higher value cases to be dealt with in the Central London County Court Business List. That list was established in June 1994. Its aim is to enable commercial cases to be dealt with in the county court in a way which is more suitable for the subject matter of such cases and the kinds of issues which arise.
§ At present, there is a presumption that cases worth £50,000 or more should be dealt with in the High Court. Article 4 of the draft order amends the jurisdiction order so as to provide that, where the High Court or a county court is considering whether to transfer proceedings to or from the business list, the presumption will not arise unless the value of the action is £200,000 or more.
§ The effect of the second amendment is that judgments given in proceedings arising out of the Consumer Credit Act 1974 may only be enforced in a county court, whatever enforcement method is chosen. It is inappropriate that such judgments should be enforceable in the High Court because this creates problems of "interest on interest".
§ The draft County Court Remedies (Amendment) Regulations are also connected with the establishment of the Central London County Court Business List. They amend the County Court Remedies Regulations 1991 so as to specify that, in business list cases, a circuit judge 1483 nominated by the senior presiding judge may grant a Mareva injunction. The possibility of obtaining a Mareva injunction in the Central London County Court Business List will significantly increase the attractiveness of that list.
§ I believe that the changes made by the two instruments represent welcome improvements to the civil litigation process. I commend them to the House.
§ Moved, That the draft order laid before the House on 29th November be approved [2nd Report from the Joint Committe]—(The Lord Chancellor.)
§ On Question, Motion agreed to.