Rule 1
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(1)
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Where a judgment is given or an order made for the payment by any person of money, and the court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution -- that there are special circumstances which render it inexpedient to enforce the judgment or order; or
- that the applicant is unable from any cause to pay the money,
then, notwithstanding anything in rule 2 or 3, the court may by order stay the execution of the judgment or order by writ of fieri facias either absolutely or for such period and subject to such conditions as the court thinks fit.
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(2)
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An application under this rule, if not made at the time the judgment is given or order made, must be made in accordance with CPR Part 23 and may be so made notwithstanding that the party liable to execution did not acknowledge service of the claim form or serve a defence or take any previous part in the proceedings.
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(3)
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The grounds on which an application under this rule is made must be set out in the application notice and be supported by a witness statement or affidavit made by or on behalf of the applicant substantiating the said grounds and, in particular, where such application is made on the grounds of the applicants inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.
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(4)
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The application notice and a copy of the supporting witness statement or affidavit must, not less than 4 clear days before the hearing, be served on the party entitled to enforce the judgment or order.
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(5)
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An order staying execution under this rule may be varied or revoked by a subsequent order.
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Rule 6
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(1)
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An order of the court under section 145 of the Bankruptcy Act 1883
(9)
, that a sale under an execution may be made otherwise than by public auction may be made on the application of the person at whose instance the writ of execution under which the sale is to be made was issued or the person against whom that writ was issued (in this rule referred to as the judgment debtor) or the sheriff to whom it was issued.
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(2)
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Such an application must be made in accordance with CPR Part 23 and the application notice must contain a short statement of the grounds of the application.
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(3)
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Where the applicant for an order under this rule is not the sheriff, the sheriff must, on the demand of the applicant, send to the applicant a list containing the name and address of every person at whose instance any other writ of execution against the goods of the judgment debtor was issued and delivered to the sheriff (in this rule referred to as the sheriffs list); and where the sheriff is the applicant, he must prepare such a list.
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(4)
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Not less than 4 clear days before the hearing the applicant must serve the application notice on each of the other persons by whom the application might have been made and on every person named in the sheriffs list.
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(5)
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Service of the application notice on a person named in the sheriffs list is notice to him for the purpose of section 12 of the Bankruptcy Act 1890
(10)
(which provides that the court shall not consider an application for permission to sell privately goods taken in execution until notice directed by rules of court has been given to any other execution creditor).
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(6)
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The applicant must produce the sheriffs list to the court on the hearing of the application.
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(7)
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Every person on whom the application notice was served may attend and be heard on the hearing of the application.
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