Rule 1
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(1)
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Subject to the provisions of these rules, a
judgment or order for the payment of money, not being a judgment or order for
the payment of money into court, may be enforced by one or more of the
following means, that is to say -- writ of fieri facias;
- garnishee proceedings;
- a charging order;
- the appointment of a receiver;
- in a case in which rule 5 applies, an order
of committal;
- in such a case, writ of sequestration.
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(2)
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Subject to the provisions of these rules, a
judgment or order for the payment of money into court may be enforced by one or
more of the following means, that is to say -- the appointment of a receiver;
- in a case in which rule 5 applies, an order
of committal;
- in such a case, writ of sequestration.
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(3)
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Paragraphs (1) and (2) are without prejudice to any
other remedy available to enforce such a judgment or order as is therein
mentioned or to the power of a court under the Debtors Acts 1869 and
1878
(2)
, to commit to prison a person who
makes default in paying money adjudged or ordered to be paid by him, or to the
right of a person prosecuting a judgment or order for the payment of money to a
person to apply under section 105(1) of the County Courts Act 1984, to have the
judgment or order enforced in a county court, or to the enactments relating to
bankruptcy or the winding up of companies.
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(4)
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In this order references to any writ shall be
construed as including references to any further writ in aid of the first
mentioned writ.
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Rule 3
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(1)
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Subject to the provisions of these rules, a
judgment or order for the giving of possession of land may be enforced by one
or more of the following means, that is to say -- writ of possession;
- in a case in which rule 5 applies, an order
of committal;
- in such a case, writ of sequestration.
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(2)
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A writ of possession to enforce a judgment or order
for the giving of possession of any land shall not be issued without the
permission of the court except where the judgment or order was given or made in
mortgage proceedings to which Order 88 applies.
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(3)
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Such permission shall not be granted unless it is
shown -- that every person in actual possession of the
whole or any part of the land has received such notice of the proceedings as
appears to the court sufficient to enable him to apply to the court for any
relief to which he may be entitled; and
- if the operation of the judgment or order is
suspended by subsection (2) of section 16 of the Landlord and Tenant Act,
1954
(3)
, that the applicant has not
received notice in writing from the tenant that he desires that the provisions
of paragraphs (a) and (b) of that subsection shall have effect.
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(4)
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A writ of possession may include provision for
enforcing the payment of any money adjudged or ordered to be paid by the
judgment or order which is to be enforced by the writ.
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Rule 4
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(1)
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Subject to the provisions of these rules, a
judgment or order for the delivery of any goods which does not give a person
against whom the judgment is given or order made the alternative of paying the
assessed value of the goods may be enforced by one or more of the following
means, that is to say -- writ of delivery to recover the goods without
alternative provision for recovery of the assessed value thereof (hereafter in
this rule referred to as a writ of specific delivery);
- in a case in which rule 5 applies, an order
of committal;
- in such a case, writ of sequestration.
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(2)
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Subject to the provisions of these rules, a
judgment or order for the delivery of any goods or payment of their assessed
value may be enforced by one or more of the following means, that is to say
-- writ of delivery to recover the goods or
their assessed value;
- by order of the court, writ of specific
delivery;
- in a case in which rule 5 applies, writ of
sequestration.
An application for an order under sub-paragraph (b)
shall be made in accordance with CPR Part 23, which must be served on the
defendant against whom the judgment or order sought to be enforced was given or
made.
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(3)
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A writ of specific delivery, and a writ of delivery
to recover any goods or their assessed value, may include provision for
enforcing the payment of any money adjudged or ordered to be paid by the
judgment or order which is to be enforced by the writ.
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(4)
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A judgment or order for the payment of the assessed
value of any goods may be enforced by the same means as any other judgment or
order for the payment of money.
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Rule 5
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(1)
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Where -- a person required by a judgment or order to
do an act within a time specified in the judgment or order refuses or neglects
to do it within that time or, as the case may be, within that time as extended
or abridged under a court order or CPR rule 2.11; or
- a person disobeys a judgment or order
requiring him to abstain from doing an act,
then, subject to the provisions of these rules, the
judgment or order may be enforced by one or more of the following means, that
is to say -- with the permission of the court, a
writ of sequestration against the property of that person;
- where that person is a body corporate,
with the permission of the court, a writ of sequestration against the property
of any director or other officer of the body;
- subject to the provisions of the
Debtors Act 1869 and 1878
(4)
, an order of
committal against that person or, where that person is a body corporate,
against any such officer.
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(2)
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Where a judgment or order requires a person to do
an act within a time therein specified and an order is subsequently made under
rule 6 requiring the act to be done within some other time, references in
paragraph (1) of this rule to a judgment or order shall be construed as
references to the order made under rule 6.
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(3)
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Where under any judgment or order requiring the
delivery of any goods the person liable to execution has the alternative of
paying the assessed value of the goods, the judgment or order shall not be
enforceable by order of committal under paragraph (1), but the court may, on
the application of the person entitled to enforce the judgment or order, make
an order requiring the first mentioned person to deliver the goods to the
applicant within a time specified in the order, and that order may be so
enforced.
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Rule 6
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(1)
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Notwithstanding that a judgment or order requiring
a person to do an act specifies a time within which the act is to be done, the
court shall have power to make an order requiring the act to be done within
another time, being such time after service of that order, or such other time,
as may be specified therein.
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(2)
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Where a judgment or order requiring a person to do
an act does not specify a time within which the act is to be done, the court
shall have power subsequently to make an order requiring the act to be done
within such time after service of that order, or such other time, as may be
specified therein.
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(3)
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An application for an order under this rule must be
made in accordance with CPR Part 23 and the application notice must, be served
on the person required to do the act in question.
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Rule 7
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(1)
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In this rule references to an order shall be
construed as including references to a judgment.
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(2)
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Subject to paragraphs (6) and (7) of this rule, an
order shall not be enforced under rule 5 unless -- a copy of the order has been served
personally on the person required to do or abstain from doing the act in
question; and
- in the case of an order requiring a person to
do an act, the copy has been so served before the expiration of the time within
which he was required to do the act.
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(3)
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Subject as aforesaid, an order requiring a body
corporate to do or abstain from doing an act shall not be enforced as mentioned
in rule 5(1)(b)(ii) or (iii) unless -- a copy of the order has also been served
personally on the officer against whose property permission is sought to issue
a writ of sequestration or against whom an order of committal is sought;
and
- in the case of an order requiring the body
corporate to do an act, the copy has been so served before the expiration of
the time within which the body was required to do the act.
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(4)
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There must be prominently displayed on the front of
the copy of an order served under this rule a warning to the person on whom the
copy is served that disobedience to the order would be a contempt of court
punishable by imprisonment, or (in the case of an order requiring a body
corporate to do or abstain from doing an act) punishable by sequestration of
the assets of the body corporate and by imprisonment of any individual
responsible.
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(5)
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With the copy of an order required to be served
under this rule, being an order requiring a person to do an act, there must
also be served a copy of any order or agreement under CPR rule 2.11 extending
or abridging the time for doing the act and, where the first-mentioned order
was made under rule 5(3) or 6 of this order, a copy of the previous order
requiring the act to be done.
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(6)
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An order requiring a person to abstain from doing
an act may be enforced under rule 5 notwithstanding that service of a copy of
the order has not been effected in accordance with this rule if the court is
satisfied that pending such service, the person against whom or against whose
property is sought to enforce the order has had notice thereof either
-- by being present when the order was made;
or
- by being notified of the terms of the order,
whether by telephone, telegram or otherwise.
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(7)
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The court may dispense with service of a copy of an
order under this rule if it thinks it just to do so.
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Rule 13
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(1)
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Rule 1 (1) of this order, with the omission of
sub-paragraphs (e) and (f) thereof, and Orders 46 to 51 shall apply in relation
to a judgment or order for the recovery of money as they apply in relation to a
judgment or order for the payment of money.
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(2)
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Rule 3 of this order, with the omission of
paragraphs (1)(b) and (c) thereof, and Order 47, rule 3(2) shall apply in
relation to a judgment or order for the recovery of possession of land as they
apply in relation to a judgment or order for the giving or delivery of
possession of land.
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(3)
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Rule 4 of this order, with the omission of
paragraph 1(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2) shall apply
in relation to a judgment or order that a person do have a return of any goods
and to a judgment or order that a person do have a return of any goods or do
recover the assessed value thereof as they apply in relation to a judgment or
order for the delivery of any goods and a judgment or order for the delivery of
any goods or payment of the assessed value thereof respectively.
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Rule 14
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(1)
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An application under section 29 of the Finance Act
1985
(5)
for registration of a decision of
a Value Added Tax Tribunal on an appeal under section 83 of the Value Added Tax
Act 1994
(6)
shall be made by a request in
writing to the head clerk of the Crown Office -- exhibiting the decision or a duly
authenticated copy thereof;
- stating, so far as is known to the witness,
the name and occupation and the usual or last known address or place of
business of the person against whom it is sought to enforce the decision;
and
- stating, to the best of the information and
belief of the witness, the amount which as a result of the decision is, or is
recoverable as, tax from such person at the date of the application and the
amount then remaining unpaid of any costs awarded to the Commissioners of
Customs and Excise by the decision.
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(2)
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Notice of the registration of a decision must be
served on the person against whom it is sought to enforce the decision by
delivering it to him personally or by sending it to him at his usual or last
known address or place of business or in such manner as the court may
direct.
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(3)
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There shall be kept in the Central Office under the
direction of the Senior Master a register of the decisions registered under
section 29 of the Finance Act 1985, and there shall be included in the register
particulars of any execution issued on a decision so registered.
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