If you are thinking about setting up a business, and need it done quickly and easily with no additional requirements, then this package is the perfect choice.
This package is a cheap and efficient way to begin business, and includes the provision of a registered office address in London for the duration of one year.
This package is a not expensive and efficient way to begin business, and includes the provision of a registered office address in London and a nominee secretary for the duration of one year.
This package is one of the most cost effective and the efficient way to start a UK company, which includes a registered office address in London, a nominee secretary, and a nominee director for the duration of one year.
E-quick*
£32.00
Economy
£82.00
Premier
£207.00
Deluxe
£557.00
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Further information
Private company limited by shares
No Annual Charges
Private company limited by shares
Annual Fee From: £50.00
Private company limited by shares
Annual Fee From: £175.00
Private company limited by shares
Annual Fee From: £525.00
Usefull links
Further information
Private Company Limited by Shares:
A private company limited by shares in England and Wales must have at least one director, one shareholder, and may have a secretary.
You need at least one person to form this type of company. If there is only one director, and that director is a natural person in your company, that director can also act as the secretary.
A company must have at least one director who is a natural person. This requirement is met if the office of director is held by a natural person as a corporation sole or otherwise by virtue of an office.
You can register a sole director' company, if you are familiar with the secretaries duties and responsibilities, because all of them belongs to a sole director.
The directors and secretary of your company can also be shareholders.
The Companies Act imposes no restriction on the minimum age of company directors. However Companies House will actively discourage the appointment of anyone under the age of 16 from taking up a company directorship on the grounds that the individuals concerned may not fully understand the legal liabilities that go with the position and for the most part will not have the experience necessary to perform the duties of a company director.
Under the Companies Act 2006, there is no restriction on any or all of the members/shareholders being from an overseas country (i.e. outside the United Kingdom in terms of residency, domicile, citizenship, place of incorporation or all or any of those concepts).
There is no requirement for the officers of your company to be UK citizens or residents, nor for them to hold valid work permits.
Owning, or being an officer of a UK company does not, however, grant you any right to live or work in the UK if you are a foreign national.
Your company must have a registered office address within England or Wales; this is the official address of your company and will be on the public record as such.
Your company must hold its official company documents at its registered office address: its register of shareholders, and its constitutional documents.
So long as you maintain a registered office address in England or Wales, you can conduct your business from any place in the world: you do not have to run your business from your registered office address.
Coddan offers company formation, ready-made company registration for UK limited companies.
We offer electronic filing enterprises & registering corporation services. In addition to
business registrations, we offer trademark registration, shareholder agreements, toll-free
numbers, telephone answering, virtual office and company searches for UK limited companies.
You are an accountant for whom company establishment is a frequent activity or an individual
ordering your first company registrations. Start a company by incorporating or forming a LTD,
PLC or LLP at Coddan. Learn about incorporation & how to incorporate your business
online: register a business name, company registration, business registration numbers, company
house web filing - business name registration check. Whether you start-up online, register
London business or form a corporation Scotland, we can help you understand the business start-up
process for filing LTD United Kingdom.
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Incorporate or form an LLC – online: company registrar
United Kingdom, limited company formations & corporation registration, electronically LLC
online, very easy and informative. In addition to private companies Great Britain, we offer
trademark registration, shareholder agreements, 0870 numbers, telephone answering, virtual office and company searches for English companies. Information to help start,
grow or manage a small business. If you are starting a business Edinburgh or starting own business Northern Ireland, read our starting business Republic of Ireland guide.
Home business and small business training and ideas site to help you start Belfast, grow, and expand a home-based business or search for the work at home job right.
An outline of the general steps for incorporation in Great Britain, explaining how to incorporate your business Dublin, from choosing where to incorporate your business.
UK ready-made company formation services and company registrations online, our offices keep a stock of ready made companies, and would be happy to supply details on request.
We offer offshore ready-made companies in different jurisdictions, readymade offshore companies also called as offshore shelf companies, shelf off-shore companies for sale:
starting applying for a business name, business name registration partnership, grants for
starting a business and starting a business from home.
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Open company same-day and offshore setting-up services using our online starting-up service for
Limited Liability Company Offshore companies. Start enjoying the tax benefits and personal
liability protection that forming a corporation or Limited Liability Company (LLC) provides.
Offshore company incorporation, offshore checking and offshore saving accounts, offshore time
deposits, offshore mutual funds, offshore money market accounts and offshore asset protection
provided by Coddan. Company formations, limited company formations, electronic incorporations,
company formation agents, paperless company registrar, electronic companies filing, United
Kingdom limited company, setting corporation Ireland, business incorporation Scotland, open
company England, London company registration, electronic companies filing, British companies
registrars, business consultants, company law, public limited company, plc, international
companies, ltd, inc, limited liability, enterprise, organization, organization, tax, taxation,
England, firm, partnership, trade, profession, contractors, business, private limited company,
limited by shares, ready-made companies, readymade company, aged company, off the shelf
company, shelf companies list.
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Specializes in company registration and secretarial services.
Provides list of shelf company, services and cost quotation, business name registration,
company house direct, starting a business - sole trader business registration.
This is actually a pretty good reason to incorporate in Delaware or Nevada. In fact, you could
be a foreigner from Lebanon, never setting foot on American soil, form a Delaware corporation
and no one would know who you are! However, many states will require the owners and/or officers
and/or directors information while operating in that state (as a foreign corp.). Besides,
how many small businesses require anonymity? Incorporate, incorporation, incorporating,
incorporation services, incorporating services, incorporate Wyoming business online,
incorporating Oregon business, New York LLC formation, Louisiana limited liability corporation,
Texas articles of incorporation, Florida company incorporation, California non profit
corporation, corporate name search offshore, BVI corporate name availability, Seychelles
corporate name registration.
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Learn about incorporation services UK and incorporate London
online: starting your own business, business ideas, starting a business on ebay or buying a
business with legal requirements for starting a business. Online England company formations,
online company London W1 formation, Glasgow formation agent, Liverpool formations agent,
Scottish companies house, forming a company Scotland, starting a business Wales, form a
limited company Oxford, United Kingdom business registration agents, online Great Britain
company registration. E-Business, small business, business structures defined: the limited
liability company business structures defined: the limited liability company IRS treatment of
the one-member LLC. An LLC with only one member / owner is automatically considered to be a
sole proprietorship unless an election is made to be treated as a corporation. Thus, the sole
member of an LLC will file (Form 1040), (U.S. Individual Income Tax Return), ideas for starting
a business, grants for starting a business, starting a business from home, starting your own
business - business ideas, starting a business on ebay, buying a business: legal requirements
for starting a business, ideas for starting a business.
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A business may be conducted by a company
as an entity in its own right and comes into existence by incorporation under companies
legislation which also regulates the running of the company and sets out the duties of its
officers. In recent years trading trusts have been commonly used as the structure for carrying
on a business with their main objective of tax minimization. A trust requires a trustee to act
on behalf of a trust and it has been preferable to have a company newly incorporated to act as
the trustee as it is believed that this limits the liability of the trust to the paid-up capital
of the Trustee Company. A trust is formed by a gift or settlement being made to the trustee on
behalf of the, as yet unformed, trust. A solicitor draws up a Trust Deed setting out the powers
and formalizing the administration of the trust. The trust has beneficiaries rather than
shareholders as in a company, who are entitled to distributions of capital and/or income and
these distributions, are controlled by the trustee.
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The distribution made to beneficiaries are
subject to income tax as part of their personal income and are liable for provisional tax on
these distributions. Citizens and residents of other countries may incorporate in the United
Kingdom through the standard incorporation procedures set forth by each state. Provides UK
company formations, trademark registration, registered office facilities and company secretary
services. Professional company formation, register your company online, we may establish new
business at one day. An online guide to starting up and expanding your business.
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This is one of our most popular packages with worldwide customers, and includes: -
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Our Deluxe package is a fast and easy option, it is ideal for the UK, EU, and international small to medium businesses who wish to appoint a nominee director and a nominee secretary in order to maintain the anonymity of the real owner, and it includes: -
Incorporation of your company from scratch using one of our registered office addresses in London, our nominee director and nominee secretary. We can appoint your own candidate(s) to the role of shareholder(s), or you can appoint a nominee sharholder provided by Coddan;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
The provision of a nominee secretary for 12 months is included in the price of this package (our nominee secretary service is charged annually);
The provision of a nominee director for 12 months is also included in the price of this package (our nominee director service is charged annually);
The following two hard bound copies of corporate documents, will be send by post to you upon formation of your private limited company: -
A laminated copy of the certificate of incorporation of your company;
A hard bound copy of the memorandum and articles of association;
A hard bound copy of the minutes of the first meeting of directors;
Share certificates, and your company register;
The general power of attorney signed by a nominee director;
Pre-signed, undated resignation letter from a nominee director;
The agreement for the provision of nominee service and indemnification of nominee.
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This is our most popular package with the UK residents, and includes: -
The registration of your company from scratch using your own registered office address,
and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -
A certificate of incorporation (requires PDF file reader);
The memorandum & articles of association (requires PDF file reader);
The first meeting of the board of directors (requires PDF file reader);
Share certificates and a company register (requires PDF file reader).
*If you do not have an a valid address in the UK, which can be used as the registered office address for your company, please check our Economy package. The non-UK address cannot be acceptable as the office address for the UK company.
This is our most popular package with the UK and EU residents, and includes: -
The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is also included in the price of this package (our registered office address service is charged annually);
The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -
A certificate of incorporation (requires PDF file reader);
The memorandum & articles of association (requires PDF file reader);
The first meeting of the board of directors (requires PDF file reader);
Share certificates and a company register (requires PDF file reader).
This is another one very popular package with worldwide customers, and includes: -
The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The incorporation your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a members;
The government and initiation fees for incorporation are included in the price of this package;
The search for a company name availability, confirmation, and reservation;
An original certificate of incorporation
A hard bound copy of the memorandum & articles of association
The preparation and submission of the memorandum and articles of association;
A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee director for one year is also included in the price of this package (our nominee director service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -
An original certificate of incorporation;
A hard bound copy of the memorandum and articles of association;
The minutes of the first meeting of the board of directors;
A completed register of directors and members;
An elegant printed membership certificates;
A pliers seal.
The general power of attorney signed by a nominee director (additional fee applies);
Pre-signed, undated resignation letter from a nominee director;
The agreement for the provision of a nominee service and indemnification of nominee.
This is our most popular package with international customers, and includes: -
The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The registration your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint our own candidates to the role of a nominee director and a nominee member;
The government and initiation fees for incorporation are included in the price of this package;
The search for a company name availability, confirmation, and reservation;
The preparation and submission of the memorandum and articles of association;
A local registered office address and a local registered agent for one year are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee director for 12 months is included in the price of this package (our nominee director service is charged annually);
A completed register of directors and members
The provision of a nominee member for 12 months is also included in the price of this package (our nominee member service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -
An original certificate of incorporation;
A hard bound copy of the memorandum and articles of association;
The minutes of the first meeting of the board of directors;
A completed register of directors and members;
An elegant printed membership certificates;
A pliers seal.
Pre-signed, undated letters of resignation from a nominee director and a nominee member;
A general power of attorney signed by a nominee director (additional fee applies);
A declaration of trust from a nominee member;
An indemnity letter for the power of attorney;
A nominee agreement which provides for the indemnification of the nominees.
This is another one of our most popular packages for small and medium size businesses, such as those being run by a sole director from home, and for companies owned by overseas residents who still need a local registered office address, but would rather not open a local office in the UK;
This package is often chosen by such customers, who are looking to minimise a sole director' personal liability (and who are not quite familiar with the UK corporate legislation), because this package includes thye provision of a nominee secretary for 12 months. This package is also includes: -
The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
The provision of a nominee secretary for 12 months is also included in the price of this package (our nominee secretary service is charged annually);
The following hard bound copy of the corporate documents, will be send by post to you, upon formation of your private limited company: -
A laminated copy of the certificate of incorporation of your company;
A hard bound copy of the memorandum and articles of association;
A hard bound copy of the minutes of the first meeting of directors;
Share certificates, and your company register.
This is another one very popular package with worldwide customers, and includes: -
The formation of a limited partnership usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The incorporation your BVI offshore limited partnership from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a general partner;
The government and initiation fees for registration are included in the price of this package;
The search for a limited partnership name availability, confirmation, and reservation;
The preparation and submission of the partnership agreement;
A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee limited partner for one year is also included in the price of this package (our nominee limited partner service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your offshore company: -
An original certificate of incorporation;
A hard bound copy of the partnership agreement;
The minutes of the first meeting of the board of partners;
A completed register of partners;
An elegant printed membership certificates;
A pliers seal;
The general power of attorney signed by a nominee limited partner (additional fee applies);
Pre-signed, undated resignation letter from a nominee limited partner;
The agreement for the provision of a nominee service and indemnification of nominee.
This is our most popular package with international customers, and includes: -
This is our most popular package with international customers, and includes: -
An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor's Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes.
[1st November 1990]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Procedure etc. in Civil Courts
Allocation and transfer of business
Allocation of business between High Court and county courts.
1.—(1) The Lord Chancellor may by order make provision—
(a) conferring jurisdiction on the High Court in relation to proceedings in which county courts have jurisdiction;
(b) conferring jurisdiction on county courts in relation to proceedings in which the High Court has jurisdiction;
(c) allocating proceedings to the High Court or to county courts;
(d) specifying proceedings which may be commenced only in the High Court;
(e) specifying proceedings which may be commenced only in a county court;
(f) specifying proceedings which may be taken only in the High Court;
(g) specifying proceedings which may be taken only in a county court.
(2) Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.
(3) The criteria so specified may, in particular, relate to—
(a) the value of an action (as defined by the order);
(b) the nature of the proceedings;
(c) the parties to the proceedings;
(d) the degree of complexity likely to be involved in any aspect of the proceedings; and
(e) the importance of any question likely to be raised by, or in the course of, the proceedings.
(4) An order under subsection (1)(b), (e) or (g) may specify one or more particular county courts in relation to the proceedings so specified.
(5) Any jurisdiction exercisable by a county court, under any provision made by virtue of subsection (4), shall be exercisable throughout England and Wales.
(6) Rules of court may provide for a matter—
(a) which is pending in one county court; and
(b) over which that court has jurisdiction under any provision made by virtue of subsection (4),
to be heard and determined wholly or partly in another county court which also has jurisdiction in that matter under any such provision.
(7) Any such order may—
(a) amend or repeal any provision falling within subsection (8) and relating to—
(i) the jurisdiction, practice or procedure of the Supreme Court; or
(ii) the jurisdiction, practice or procedure of any county court,
so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or
(b) make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.
(8) A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.
(9) Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Senior Presiding Judge (appointed under section 72).
(10) No such order shall be made so as to confer jurisdiction on any county court to hear any application for judicial review.
(11) For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.
(12) The Lord Chancellor shall, within one year of the coming into force of the first order made under this section, and annually thereafter, prepare and lay before both Houses of Parliament a report as to the business of the Supreme Court and county courts.
Transfer of proceedings between courts.
2.—(1) The following section shall be substituted for section 40 of the [1984 c. 28.] County Courts Act 1984 (transfer of proceedings to county court)—
"Transfer of proceedings to county court.
40.—(1) Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall—
(a) order the transfer of the proceedings to a county court; or
(b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
(2) Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court.
(3) An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.
(4) Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned.
(5) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
(6) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—
(a) the judgment or order may be enforced as if it were a judgment or order of a county court; and
(b) subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.
(7) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—
(a) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
(b) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply.
(8) The provisions referred to in subsection (1) are any made—
(a) under section 1 of the Courts and Legal Services Act 1990; or
(b) by or under any other enactment.
(9) This section does not apply to family proceedings within the meaning of Part V of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984."
(2) In section 41 of the [1984 c. 28.] County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—
"(3) The power conferred by subsection (1) shall be exercised subject to any provision made—
(a) under section 1 of the Courts and Legal Services Act 1990; or
(b) by or under any other enactment."
(3) The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)—
"Transfer to High Court by order of a county court.
42.—(1) Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall—
(a) order the transfer of the proceedings to the High Court; or
(b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
(2) Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court.
(3) An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.
(4) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
(5) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section—
(a) the judgment or order may be enforced as if it were a judgment or order of the High Court; and
(b) subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.
(6) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section—
(a) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
(b) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.
(7) The provisions referred to in subsection (1) are any made—
(a) under section 1 of the Courts and Legal Services Act 1990; or
(b) by or under any other enactment.
(8) This section does not apply to family proceedings within the meaning of Part V of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984."
(4) For section 75(3)(b) of the [1984 c. 28.] County Courts Act 1984 (power to make county court rules as to transfer of proceedings from one court to another) there shall be substituted—
"(b) prescribing the circumstances in which proceedings may be transferred by decision of any judge, district judge or officer of the court from one court to another and the procedure consequent on any such transfer."
Remedies
Remedies available in county courts.
3.The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)—
"Remedies available in county courts.
38.—(1) Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.
(2) Any order made by a county court may be—
(a) absolute or conditional;
(b) final or interlocutory.
(3) A county court shall not have power—
(a) to order mandamus, certiorari or prohibition; or
(b) to make any order of a prescribed kind.
(4) Regulations under subsection (3)—
(a) may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;
(b) may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;
(c) may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and
(d) may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.
(5) In this section "prescribed" means prescribed by regulations made by the Lord Chancellor under this section.
(6) The power to make regulations under this section shall be exercised by statutory instrument.
(7) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament."
Costs
Costs.
4.—(1) The following section shall be substituted for section 51 of the [1981 c. 54.] Supreme Court Act 1981 (costs in civil division of Court of Appeal and High Court)—
"Costs in civil division of Court of Appeal, High Court and county courts.
51.—(1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—
(a) the civil division of the Court of Appeal;
(b) the High Court; and
(c) any county court,
shall be in the discretion of the court.
(2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives.
(3) The court shall have full power to determine by whom and to what extent the costs are to be paid.
(4) In subsections (1) and (2) "proceedings" includes the administration of estates and trusts.
(5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.
(6) In any proceedings mentioned in subsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.
(7) In subsection (6), "wasted costs" means any costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(8) Where—
(a) a person has commenced proceedings in the High Court; but
(b) those proceedings should, in the opinion of the court, have been commenced in a county court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,
the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.
(9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question—
(a) the amount of that reduction shall not exceed 25 per cent; and
(b) on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction.
(10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.
(11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.
(12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.
(13) In this section "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf."
(2) In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—
"(2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section".
Evidence
Witness statements.
5.—(1) Rules of court may make provision—
(a) requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;
(b) enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and
(c) prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.
(2) Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).
(3) This section is not to be read as prejudicing in any way any other power to make rules of court.
Evidence given in arbitrations on small claims.
6.In section 64 of the [1984 c. 28.] County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—
"(2A) County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).
(2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence."
Appeals
Appeals to Court of Appeal.
7.—(1) Section 18 of the [1981 c. 54.] Supreme Court Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.
(2) In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.
(3) After subsection (1) there shall be inserted the following subsections—
"(1A) In any such class of case as may be prescribed by Rules of the Supreme Court, an appeal shall lie to the Court of Appeal only with the leave of the Court of Appeal or such court or tribunal as may be specified by the rules in relation to that class.
(1B) Any enactment which authorises leave to appeal to the Court of Appeal being given by a single judge, or by a court consisting of two judges, shall have effect subject to any provision which—
(a) is made by Rules of the Supreme Court; and
(b) in such classes of case as may be prescribed by the rules, requires leave to be given by such greater number of judges (not exceeding three) as may be so specified."
(4) In section 54(4) of the Act of 1981 (cases in which court is duly constituted when consisting of two judges), the following paragraph shall be inserted after paragraph (a)—
"(aa) hearing and determining any application for leave to appeal;".
Powers of Court of Appeal to award damages.
8.—(1) In this section "case" means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.
(2) Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.
(3) This section is not to be read as prejudicing in any way any other power to make rules of court.
Family proceedings
Allocation of family proceedings which are within the jurisdiction of county courts.
9.—(1) The Lord Chancellor may, with the concurrence of the President of the Family Division, give directions that, in such circumstances as may be specified—
(a) any family proceedings which are within the jurisdiction of county courts; or
(b) any specified description of such proceedings,
shall be allocated to specified judges or to specified descriptions of judge.
(2) Any such direction shall have effect regardless of any rules of court.
(3) Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.
(4) For the purposes of subsection (1) "county court" includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.
(5) In this section—
"family proceedings" has the same meaning as in the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the [1989 c. 41.] Children Act 1989;
"judge" means any person who—
(a) is capable of sitting as a judge for a county court district;
(b) is a district judge, an assistant district judge or a deputy district judge; or
(c) is a district judge of the principal registry of the Family Division of the High Court; and
"specified" means specified in the directions.
Family proceedings in magistrates' courts and related matters.
10.—(1) In this section "family proceedings" has the meaning given by section 65(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.
(2) For the purpose of giving effect to any enactment mentioned in that section, rules made under section 144 of that Act may make, in relation to any family proceedings, any provision which—
(a) falls within subsection (2) of section 93 of the [1989 c. 41.] Children Act 1989 (rules of court); and
(b) may be made in relation to relevant proceedings under section 93 of the Act of 1989.
(3) In section 35 of the Justices of the [1979 c. 55.] Peace Act 1979 (composition of committee of magistrates for inner London area), in subsection (3)—
(a) in paragraph (b) for the words "three members of the juvenile court panel" there shall be substituted "one member of the juvenile court panel"; and
(b) after that paragraph there shall be inserted the following paragraph—
"(bb) two members chosen, in such manner as may be prescribed by rules made for the purposes of this subsection, from any family panel or combined family panel for the inner London area".
(4) At the end of that section there shall be added the following subsection—
"(7) No rules shall be made under subsection (3)(bb) above except on the advice of, or after consultation with, the rule committee established under section 144 of the Magistrates' Courts Act 1980."
(5) In section 37(1)(a) of that Act (justices' clerks) after the words "juvenile courts" there shall be inserted "and family proceedings courts".
Miscellaneous
Representation in certain county court cases.
11.—(1) The Lord Chancellor may by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in a county court of such a kind as may be specified in the order.
(2) The power to make an order may only be exercised in relation to proceedings—
(a) for the recovery of amounts due under contracts for the supply of goods or services;
(b) for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;
(c) on any application under the [1974 c. 39.] Consumer Credit Act 1974;
(d) in relation to domestic premises; or
(e) referred to arbitration in accordance with county court rules made under section 64 of the [1984 c. 28.] County Courts Act 1984 (small claims),
or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.
(3) Where an order is made under this section, section 20 of the [1974 c. 47.] Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.
(4) Where a county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.
(5) Where a court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.
(6) Where, in any proceedings in a county court—
(a) a person is exercising a right of audience or a right to conduct litigation;
(b) he would not be entitled to do so were it not for an order under this section; and
(c) the judge has reason to believe that (in those or any other proceedings in which he has exercised a right of audience or a right to conduct litigation) that person has intentionally misled the court, or otherwise demonstrated that he is unsuitable to exercise that right,
the judge may order that person's disqualification from exercising any right of audience or any right to conduct litigation in proceedings in any county court.
(7) Where a judge makes an order under subsection (6) he shall give his reasons for so doing.
(8) Any person against whom such an order is made may appeal to the Court of Appeal.
(9) Any such order may be revoked at any time by any judge of a county court.
(10) Before making any order under this section the Lord Chancellor shall consult the Senior Presiding Judge.
(11) In this section "domestic premises" means any premises which are wholly or mainly used as a private dwelling.
Penalty for failure to warn that hearing will not be attended.
12.—(1) This section applies where an appointment has been fixed for any hearing in the High Court or in any county court, but a party to the proceedings—
(a) has failed to appear; or
(b) has failed to give the court due notice of his desire to cancel the hearing or of his inability to appear at it.
(2) The court may summon the party concerned, or the person conducting the proceedings on his behalf, to explain his failure.
(3) Where a court—
(a) has summoned a person under subsection (2); and
(b) is not satisfied that he took reasonable steps to give due notice to the court of his desire to cancel the hearing or (as the case may be) of his inability to appear at it,
the court may declare that person to be in contravention of this section.
(4) On declaring a person to be in contravention of this section a court may impose on him a penalty equivalent to a fine not exceeding level 3 on the standard scale.
(5) Before deciding whether or not to impose any such penalty, the court shall consider the extent to which (if any) the person concerned will, or is likely to—
(a) suffer any financial loss (by way of a reduction of costs or otherwise); or
(b) be subject to any disciplinary action,
as a result of his failure.
(6) Sections 129 and 130 of the [1984 c. 28.] County Courts Act 1984 (enforcement, payment and application of fines) shall apply with respect to any penalty imposed by a county court under this section as they apply with respect to any fine imposed by any county court under that Act.
(7) In subsection (1) "due notice" means—
(a) such notice as is required by rules of court; or
(b) where there is no such requirement applicable to the circumstances of the case, such notice as the court considers reasonable.
Administration orders.
13.—(1) For subsection (1) of section 112 of the County Courts Act 1984 (power to make administration orders) there shall be substituted—
"(1) Where a debtor is unable to pay forthwith the amount of any debt owed by him, a county court may make an order providing for the administration of his estate.
(1A) The order may be made—
(a) on the application of the debtor (whether or not a judgment debt has been obtained against the debtor in respect of his debt, or any of his debts);
(b) on the application of any creditor under a judgment obtained against the debtor; or
(c) of the court's own motion during the course of, or on the determination of, any enforcement or other proceedings."
(2) In that section the following subsection shall be inserted after subsection (4)—
"(4A) Subsection (4) is subject to section 112A."
(3) Subsection (5) of that section shall be omitted.
(4) The following subsection shall be added at the end of that section—
"(9) An administration order shall cease to have effect—
(a) at the end of the period of three years beginning with the date on which it is made; or
(b) on such earlier date as may be specified in the order."
(5) After that section there shall be inserted the following sections—
"Further powers of the court.
112A.—(1) Where the court is satisfied—
(a) that it has power to make an administration order with respect to the debtor concerned; but
(b) that an order restricting enforcement would be a more satisfactory way of dealing with the case,
it may make such an order instead of making an administration order.
(2) Where an order restricting enforcement is made, no creditor specified in the order shall have any remedy against the person or property of the debtor in respect of any debt so specified, without the leave of the court.
(3) Subsection (4) applies to any creditor—
(a) who is named in the schedule to an administration order or in an order restricting enforcement; and
(b) who provides the debtor with mains gas, electricity or water for the debtor's own domestic purposes.
(4) While the order has effect, the creditor may not stop providing the debtor with—
(a) mains gas, electricity or (as the case may be) water for the debtor's own domestic purposes; or
(b) any associated service which it provides for its customers,
without leave of the court unless the reason for doing so relates to the non-payment of charges incurred by the debtor after the making of the order or is unconnected with non-payment by him of any charges.
(5) In this section "mains gas" means a supply of gas by a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986.
(6) Rules of court may make provision with respect to the period for which any order restricting enforcement is to have effect and for the circumstances in which any such order may be revoked.
Administration orders with composition provisions.
112B.—(1) Where the court is satisfied—
(a) that it has power to make an administration order with respect to the debtor concerned; and
(b) that the addition of a composition provision would be a more satisfactory way of dealing with the case,
it may make an administration order subject to such a provision.
(2) Where, at any time while an administration order is in force—
(a) the debtor has not discharged the debts to which that order relates; and
(b) the court considers that he is unlikely to be able to discharge them,
the court may add a composition provision to that order.
(3) A composition provision shall specify an amount to which the debtor's total indebtedness in respect of debts owed to creditors scheduled to the administration order is to be reduced.
(4) The amount of the debt owed to each of the creditors so scheduled shall be reduced in proportion to the reduction in his total indebtedness specified by the composition provision.
(5) Where a composition provision is added to an administration order after the order is made, section 113(a) shall apply as if the addition of the composition provision amounted to the making of a new administration order."
Assessors.
14.—(1) Section 63 of the [1984 c. 28.] County Courts Act 1984 (assessors) shall be amended as follows.
(2) The following subsections shall be substituted for subsections (1) and (2)—
"(1) In any proceedings a judge may, on the application of a party to the proceedings, summon to his assistance one or more persons—
(a) of skill and experience in the matter to which the proceedings relate; and
(b) who may be willing to sit with him and act as assessors.
(2) In any proceedings prescribed for the purposes of this subsection a judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2A) In any proceedings prescribed for the purposes of this subsection a district judge may, on the application of a party to the proceedings, summon to his assistance one or more such persons.
(2B) In any proceedings prescribed for the purposes of this subsection a district judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2C) The summons shall be made in such manner as may be prescribed."
(3) For subsection (4) there shall be substituted—
"(4) In such cases as may be specified by order made by the Lord Chancellor with the consent of the Treasury, the remuneration of any assessor summoned under this section shall be paid, at such rate as may be so specified, out of money provided by Parliament.
(4A) Any power to make an order under subsection (4) shall be exercisable by statutory instrument subject to annulment by resolution of either House of Parliament."
Enforcement.
15.—(1) In section 138 of the [1981 c. 54.] Supreme Court Act 1981 (effect of writs of execution against goods), the following subsection shall be inserted after subsection (3)—
"(3A) Every sheriff or officer executing any writ of execution issued from the High Court against the goods of any person may by virtue of it seize—
(a) any of that person's goods except—
(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family; and
(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person."
(2) In section 89(1) of the [1984 c. 28.] County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—
"(a) any of that person's goods except—
(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;"
(3) Where a person takes steps to enforce a judgment or order of the High Court or a county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.
(4) Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).
County court rules.
16.—(1) Section 75 of the County Courts Act 1984 (county court rules) is amended as follows.
(2) In subsection (3), the following paragraph shall be substituted for paragraph (d)—
"(d) prescribing cases in which—
(i) any jurisdiction of a county court is to be exercised by a district judge of a county court or by some other officer of the court;
(ii) any functions of a judge of a county court are to be discharged by a district judge of a county court or some other officer of the court;
(iii) any functions of a district judge of a county court are to be discharged by some other officer of the court;
(iv) any such jurisdiction may be so exercised or any such functions may be so discharged; or"
(3) The following subsection shall be inserted after subsection (6)—
"(6A) County court rules may—
(a) to any extent (and with or without modification) apply any rules of court, or other provision—
(i) made by or under any enactment; and
(ii) relating to the practice or procedure of any other court,
to the practice or procedure of county courts; and
(b) amend or repeal any statutory provision relating to the practice or procedure of county courts so far as may be necessary in consequence of any provision made by the rules.
Rules made by virtue of this subsection applying any provisions may apply them as amended from time to time.
Courts And Legal Services Act 1990 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO. Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).
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