County Court Rules

Applications for these are now made under County Court rules Order 28.

The County Court rules cover the rules of procedure to be followed when claiming compensation.

Section 76 authorises the County Court to adopt and apply the "general provisions" of the High Court where there are "lacunae" in the county court rules.

In accordance with the county court rules, a request for the issue of a summons must be accompanied by particulars of claim, a statement of the special damages claimed and a medical report.

There was no reason to suppose that in proceedings under Order 5, rule 5, it was intended to enable a named representative defendant to claim against a member of the represented class without complying with the requirements of the county court rules.

These are collectively known as the Civil Procedure Rules and in all but some very confined areas replaced the Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules.

That said, however, the course which should normally be followed, if circumstances such as those before us ever arise again, is for the defendant to apply to the county court for a rehearing under Order 37 of the County Court Rules, and to adduce his affidavit evidence in support of that application.