PRACTICE DIRECTION 83 – WRITS AND WARRANTS – GENERAL PROVISIONS

Section I – Scope and interpretation

Scope - Rule 83.1

In relation to writs and warrants that relate to taking control of goods, Part 83 should be read in
conjunction with -

(1) Part 84, which contains rules specifically in relation to taking control of goods; and

(2) the Taking Control of Goods Regulations 2013, which can be found at www.justice.gov.uk/courts/procedure-rules

Writs and warrants other than those conferring a power to use the TCG procedure - duration and priority - Rule 83.3

2 The notice required by rule 83.3(7)(b) should be in Form 71.

Section III – Writs

Forms of writs

3.1  A writ of control must be in Forms 53 to 57 in Practice Direction 4 as appropriate.

3.2  A writ of delivery must be in Form 64 or 65 in Practice Direction 4, whichever is appropriate.

3.3  A writ of possession must be in Form 66 or 66A in Practice Direction 4, whichever is appropriate.

Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auction - Rule 83.12

4.1  Rule 83.12 only applies in relation to writs that do not confer a power to use the procedure in Schedule 12. The rule therefore applies in relationto the following writs -

(a) writs of delivery where there is no element of taking control of goods; and

(b) ecclesiastical writs.

4.2  Schedule 7 of the Courts Act 2003 applies in relation to such writs. Paragraph 10(3) of that Schedule provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by these Rules has been given to the other execution creditor or creditors.

Application for warrant of control - Rule 83.15

5  The request for a warrant of control should be in Form N323.

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