K (Remo -Power of Magistrates To Issue Bench Warrant)

THE HONOURABLE MR JUSTICE PETER JACKSON Sitting at Manchester Civil Justice Centre ____________________

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."

Judge Birss determined at [147] that whilst the section does not confer on the county court a jurisdiction to hear a case it has no jurisdiction to hear, it supplies remedies and orders which the court can make in proceedings properly before it.�

(1) In Salekipour v Parmour [2016] EWHC 1466 , Garnham J held that the County Court, being a creation of statute, has no inherent jurisdiction and that neither section 23(g) nor section 38 CCA 1984, confers on it jurisdiction to rescind an earlier decision of the County Court on the ground that the decision was obtained or induced by fraud. However, this decision was concerned with jurisdiction and not with a remedy in the course of proceedings that were undoubtedly within the jurisdiction of the court.

(2) The issue of a bench warrant is to secure the attendance at court of the person arrested and detained and is a direction ancillary to the investigation by the court of the relevant issues before it . The person arrested and brought before the court may be found to have been in contempt of court but the exercise of the jurisdiction is not based upon contempt of court but upon ensuring compliance with the direction of the court: Re B [1994] 2 FLR 479 per Butler-Sloss LJ (my emphasis).