The County Court is a national civil court for

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

with unlimited financial jurisdiction. The County Court sits in various County Court buildings and courtrooms throughout England and Wales, and not in one single location. It is a single court in the sense of a single centrally organised and administered court system. The County Court centres the court sits in today correspond to the earlier individual county courts.

History

The history of the English

county court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the hig ...

is one of the most interesting branches of the legal history of England. The first mention of what was to become a court was the concept of a Comitatus in the time of the early Germans. According to the writings of the

Roman Roman or Romans most often refers to: * Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a lett ...

historian

Tacitus Publius Cornelius Tacitus, known simply as Tacitus ( , ; – ), was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historians by modern scholars. The surviving portions of his two major works—the ...

's treatise ''

Germania Germania ( ; ), also called Magna Germania (English: ''Great Germania''), Germania Libera (English: ''Free Germania''), or Germanic Barbaricum to distinguish it from the Roman province of the same name, was a large historical region in north-c ...

'' (98.AD), the comitatus was a military bond between a Germanic warrior and his Lord. Later, during the

Anglo Saxon The Anglo-Saxons were a cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo-Saxons happened wit ...

period (450-1066) the Comitatus was a court of law and not an organization for military purposes. During the Anglo Saxon time, the name for court was ''gemot'' and all courts were called by this name. Later, the

Shire court A Shire court, or moot was an Anglo-Saxon legal institution, used to maintain law and order at a local level, and perform various administrative functions, including the collection of taxes for the central government. The system originated in Wess ...

was an early form of representative democracy. After the

Norman conquest of England The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conqu ...

in 1066, there was further development of county courts and government. All of England was divided into administrative units called shires, with subdivisions. Shires were run by officials known as shire reeves or sheriffs. The chief business of the court was to hear civil pleas. There were numerous separate county court systems, each with jurisdiction across England and Wales for enforcement of its orders, but each with a defined "county court district" from which it took claims. County court districts did not always have the same boundaries as counties. Since 2014,

have had what is officially described as "a single civil court" named the County Court, with unlimited financial jurisdiction.

Procedure

County Court matters can be lodged at a court in person, by post or via the Internet in some cases through the County Court Bulk Centre. Cases are normally heard at the court having jurisdiction over the area where the claimant lives. Most matters are decided by a district judge or circuit judge sitting alone. Civil matters in England (with minor exceptions, e.g. in some actions against the police) do not have juries. Judges in the County Court are either former barristers or former solicitors, whereas in the High Court they are more likely to have formerly been a

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...

Small claims

Civil claims with an amount in controversy under £10,000 (the Jackson Reforms have increased this from £5,000) are dealt with in the County Court under the

small claims track Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...

(sometimes known to the lay public as "small claims court," although it is not a separate court). Claims between £5,000 and £25,000 (£15,000 for cases started before April 2009) that are capable of being tried within one day are allocated to the "fast track" and claims over £25,000 (£15,000 for cases started before April 2009) to the "multi track." These 'tracks' are labels for the use of the court system – the actual cases will be heard in the County Court or the High Court depending on their value. For

personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...

defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, and some landlord-tenant dispute cases the thresholds for each track have different values.

Appeals

Appeals are to a higher judge (a circuit judge hears district judge appeals), the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...

or to the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

, as the case may be.

Enforcement

In debt cases, the aim of a claimant taking County Court action against a defendant is to secure a

County Court judgment Description In England and Wales, County Court judgments (CCJs) are legal decisions handed down by the County Court. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit re ...

. This is a legal order to pay the full amount of the debt. Judgments can be enforced at the request of the claimant in a number of ways, including requesting the court bailiffs to seize goods, the proceeds of any sale being used to pay the debt, or an Attachment of Earnings Order, where the defendant's employer is ordered to make deductions from the gross wages to pay the claimant. County Court judgments are recorded in the Register of Judgments, Orders and Fines and in the defendant's credit records held by credit reference agencies. This information is used in consumer

credit score A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit b ...

s, making it difficult or more expensive for the defendant to obtain credit. In order to avoid the record being kept for years in the register, the debt must be settled within thirty days after the date the County Court judgment was served (unless the judgment was later set aside). If the debt was not fully paid within the statutory period, the entry will remain for six full years.EX320 Registered judgments – What does it mean
Access date 2010-09-25.

References

{{reflist County courts in England and Wales