PART 83 - WRITS AND WARRANTS - GENERAL PROVISIONS

Contents of this Part

TitleNumber
SECTION I SCOPE AND INTERPRETATION 
Scope and interpretationRule 83.1
SECTION II WRITS AND WARRANTS 
Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrantsRule 83.2
Application for permission to issue a writ of sequestrationRule 83.2A
Writs and warrants other than those conferring a power to use the TCG procedure – duration and priorityRule 83.3
Writs and warrants conferring a power to use the TCG procedure – duration and priorityRule 83.4
Writs and warrants – separate enforcement of costsRule 83.5
Writs and warrants other than those conferring a power to use the TCG procedure – levying execution on certain daysRule 83.6
Writs of control and warrants – power to stay execution or grant other reliefRule 83.7
Writs and warrants – information about execution of the writ or warrantRule 83.8
SECTION III WRITS 
Issue of writs of execution and writs of controlRule 83.9
Writs of control and writs of delivery – description of partiesRule 83.10
Writs relating to ecclesiastical propertyRule 83.11
Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auctionRule 83.12
Enforcement in the High Court of a judgment or order for possession of landRule 83.13
Enforcement in the High Court of a judgment or order for delivery of goodsRule 83.14
SECTION IV WARRANTS 
Application for warrant of control or warrant of delivery

Rule 83.15

Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transferRule 83.16
Warrant of control or warrant of delivery – execution of High Court judgmentRule 83.17
Warrants of control and warrants of delivery – description of partiesRule 83.18
Creditor’s request for transfer to the High Court for enforcementRule 83.19
Warrants of control – bankruptcy or winding up of debtorRule 83.20
Warrants where the debtor is a farmerRule 83.21
Warrants – withdrawal and suspension of warrant at creditor’s requestRule 83.22
Warrants of deliveryRule 83.23
Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirementsRule 83.24
Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirementsRule 83.25
Warrants of possessionRule 83.26
Saving for enforcement by committalRule 83.27
Suspension of part warrantRule 83.28
Concurrent warrantsRule 83.29

SECTION I SCOPE AND INTERPRETATION

Scope and interpretation

83.1

(1) This Part contains general rules about writs and warrants as follows—

(a) Section II relates to writs and warrants;

(b) Section III relates to writs only; and

(c) Section IV relates to warrants only.

(2) In this Part—

(a) 'the Act' means the Tribunals, Courts and Enforcement Act 20071;

(b) 'the creditor' means a person who has obtained or who is entitled to enforce a judgment or order;

(c) 'the debtor' means a person against whom a judgment or order was given or made;

(d) 'enforcement agent' has the meaning given in paragraph 2(1) of Schedule 12;

(e) 'enforcement officer' means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 20032;

(f) 'relevant enforcement officer' means—

(i) in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and

(ii) in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;

(g) 'Schedule 12' means Schedule 12 to the Act3;

(h) 'TCG procedure' means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;

(i) 'TCG Regulations' means the Taking Control of Goods Regulations 20134;

(j) 'warrant of control' is to be construed in accordance with section 62(4) of the Act;

(k) 'writ of control' is to be construed in accordance with section 62(4) of the Act;

(l) 'writ of execution' includes—

(i) a writ of possession;

(ii) a writ of delivery;

(iii) a writ of sequestration;

(iv) a writ of fieri facias de bonis ecclesiasticis,

and any further writ in aid of any such writs, but does not include a writ of control.

Back to top

SECTION II WRITS AND WARRANTS

Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants

83.2

(1)  This rule applies to—

(a) writs and warrants of control;

(b) writs of execution;

(c) warrants of delivery;

(d) warrants of possession.

(2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant'.

(3) A relevant writ or warrant must not be issued without the permission of the court where—

(a) six years or more have elapsed since the date of the judgment or order;

(b) any change has taken place, whether by death or otherwise, in the parties—

(i) entitled to enforce the judgment or order; or

(ii) liable to have it enforced against them;

(c) the judgment or order is against the assets of a deceased person coming into the hands of that person’s executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;

(d) any goods to be seized under a relevant writ or warrant are in the hands of a receiver appointed by a court or sequestrator;

(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled; or

(f) the permission sought is for a writ of control or writ of execution, and that writ is to be in aid of another writ of control or execution.

(4) An application for permission may be made in accordance with Part 23 and must—

(a)identify the judgment or order to which the application relates;

(b) if the judgment or order is for the payment of money, state the amount originally due and, if different, the amount due at the date the application notice is filed;

(c) where the case falls within paragraph (3)(a), state the reasons for the delay in enforcing the judgment or order;

(d) where the case falls within paragraph (3)(b), state the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;

(e) where the case falls within paragraph (3)(c) or (d), state that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that that person has refused or failed to do so;

(f) give such other information as is necessary to satisfy the court that the applicant is entitled to proceed to execution on the judgment or order, and that the person against whom it is sought to issue execution is liable to execution on it.

(5) An application for permission may be made without notice being served on any other party unless the court directs otherwise.

(6) If because of one event, an applicant seeks permission under paragraph (3)(b) to enforce more than one judgment or order, the applicant need only make one application for permission.

(7) Where paragraph (6) applies—

(a) a schedule must be attached to the application for permission, specifying all the judgments or orders in respect of which the application for permission is made; and

(b) if the application notice is directed to be served on any person, it need set out only such part of the application as affects that person.

(7A) Where—

(a) the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control ('the permission order'); and

(b) the writ is not issued within one year after the date of the permission order,

the permission order will cease to have effect.

(7B) Where a permission order has ceased to have effect, the court may grant a fresh permission order.

(8) Paragraph (3) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19515 and any enactment, rule or direction by virtue of which a person is required to obtain the permission of the court for the issue of a warrant or to proceed to execution or otherwise to the enforcement of a judgment or order.

Back to top

Application for permission to issue a writ of sequestration

83.2A Notwithstanding anything in rule 83.2, an application for permission to issue a writ of sequestration must be made in accordance with Part 81 and in particular Section 7 of that Part

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

83.3

(1)  This rule applies to—

(a) writs of execution;

(b) warrants of possession; and

(c) warrants of delivery,

other than writs of execution or warrants that confer a power to use the TCG procedure.

(2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant', 'relevant writ' or 'relevant warrant' as appropriate.

(3) Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue.

(4) The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.

(5) If the application is made before the expiry of the period of 12 months, the period of extension will begin on the day after the expiry.

(6) If the application is made after the expiry of the period of 12 months, any period of extension will begin on any day after the expiry that the court may allow.

(7) Before a relevant writ that has been extended is executed—

(a) the court will seal the writ; or

(b) the applicant for the extension order must serve a notice sealed as described in subparagraph (a) on the relevant enforcement officer informing that officer of the making of the extension order and the date of that order.

(8) In relation to a relevant warrant, the court will endorse the warrant with a note of the renewal or extension.

(9) Irrespective of whether it has been extended under paragraph (4)—

(a) the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and

(b) the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.

(10) The production of the following will be evidence that the relevant writ or warrant has been extended—

(a) the writ sealed in accordance with paragraph (7)(a);

(b) the notice sealed in accordance with paragraph (7)(b);

(c) the warrant endorsed in accordance with paragraph (8).

(11) If, during the validity of a relevant writ, a person makes an application under Part 85 in relation to an execution under that writ, the validity of the writ will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.

Back to top

Writs and warrants conferring a power to use the TCG procedure – duration and priority

83.4

(1)  This rule applies to—

(a) a writ of control;

(b) a warrant of control; and

(c) any other writ or warrant that confers power to use the TCG procedure.

(2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or warrant', 'relevant writ' or 'relevant warrant' as appropriate.

(3) A relevant writ or warrant will be valid for the period in which an enforcement agent may take control of the goods in question, as specified in regulation 9(1) of the TCG Regulations.

(4) If a period in which to take control of goods is extended by the court under regulation 9(3) of the TCG Regulations, the validity of the relevant writ or warrant will be extended for the same period.

(Rule 84.5 contains provisions about applications to the court requesting a time extension.)

(5) Irrespective of whether it has been extended under regulation 9(3) of the TCG Regulations—

(a) the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and

(b) the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.

(6) The production of—

(a) the extension order granted under regulation 9(3) of the TCG Regulations, or a copy of it; or

(b) the relevant writ or warrant endorsed in accordance with rule 84.5(3)(b), or a copy of it,

will be evidence that the writ or warrant has been extended.

(7) If, during the validity of a relevant writ or warrant, a person makes an application under Part 85 in relation to goods taken into control under that writ or warrant, the validity of the writ or warrant will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.

Back to top

Writs and warrants – separate enforcement of costs

83.5

(1)  Where—

(a) judgment is given or an order made for—

(i) payment of a sum otherwise than by instalments ('the sum'); and

(ii) costs to be assessed; and

(b) default is made in payment of the sum before the costs have been assessed,

a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.

(2) If—

(a) paragraph (1) applies;

(b) a writ or warrant is issued for the recovery of the sum;

(c) the costs are assessed; and

(d) default is made in payment of the costs,

a separate writ of control or warrant of control may be issued for the recovery of the costs.

(3) A party entitled to enforce a judgment or order of the High Court for—

(a) the delivery of any property, other than money; or

(b) possession of any property,

may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

(4) A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

Back to top

Writs and warrants – levying execution on certain days

83.6

(1)  This rule applies to writs and warrants other than—

(a) writs of control;

(b) warrants of control; and

(c) writs or warrants in relation to an Admiralty claim in rem.

(2)  Where a writ or warrant is not a writ of control or warrant of control but nevertheless confers the power to use the TCG procedure, this rule applies to the parts of the writ or warrant that do not confer the power to use the TCG Procedure.

(3)  Unless the court orders otherwise, a writ or warrant to enforce a judgment or order must not be executed on a Sunday, Good Friday or Christmas Day.

Back to top

Writs of control and warrants – power to stay execution or grant other relief

83.7

(1)  At the time that a judgment or order for payment of money is made or granted, or at any time thereafter, the debtor or other party liable to execution of a writ of control or a warrant may apply to the court for a stay of execution.

(2) The power of the court to stay execution of a warrant of control may be exercised by a District Judge, or a court officer where paragraph (10) applies, and the power of the court to stay execution of any other warrant or of a writ of control may be exercised by a Master or District Judge.

(3) Where the application for a stay of execution is made on the grounds of the applicant’s inability to pay, the witness statement required by paragraph (6)(b) must disclose the debtor’s means.

(4) If the court is satisfied that—

(a) there are special circumstances which render it inexpedient to enforce the judgment or order; or

(b) the applicant is unable from any reason to pay the money,

then, notwithstanding anything in paragraph (5) or (6), the court may by order stay the execution of the judgment or order, either absolutely or for such period and subject to such conditions as the court thinks fit.

(5) An application under this rule, if not made at the time the judgment is given or order made—

(a) must be made in accordance with Part 23, as modified by paragraphs (6) to (14); and

(b) may be made even if 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.

(6) The grounds on which an application under this rule is made must—

(a) be set out in the application notice; and

(b) be supported by a witness statement made by or on behalf of the applicant substantiating the grounds.

(7) Paragraphs (8) to (15) apply to applications in the County Court.

(8) Where the debtor makes an application in the County Court, the court will—

(a) send the creditor a copy of the debtor’s application (and statement of means); and

(b) require the creditor to notify the court in writing whether or not the creditor objects to the application, within 14 days of service of the notification, giving reasons for any objection the creditor may have to the granting of the application.

(9) If the creditor does not notify the court of any objection within the time stated, the court officer may make an order suspending the warrant on terms of payment.

(10) Upon receipt of a notice by the creditor under paragraph (8)(b), the court officer may, if the creditor agrees, or objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.

(11) Any party affected by an order made under paragraph (10) may, within 14 days of service of the order on that party and giving reasons, apply on notice for the order to be reconsidered.

(12) If a party applies for the order to be reconsidered, the court will—

(a) fix a day for the hearing of the application before the District Judge; and

(b) give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.

(13) On hearing an application under paragraph (11), the District Judge may confirm the order or set it aside and make such new order as the court thinks fit.

(14) Where the creditor states in the notice under paragraph (8)(b) that the creditor wishes the enforcement agent to proceed to execute the warrant, the court will—

(a) fix a day for a hearing before the District Judge of the debtor’s application; and

(b) give to the creditor and to the debtor not less than 2 days’ notice of the day so fixed.

(15) Where an order is made by the District Judge suspending a warrant of execution, the debtor may be ordered to pay the costs of the warrant and any fees or expenses incurred before its suspension and the order may authorise the sale of a sufficient portion of any goods seized to cover such costs, fees and expenses and the expenses of sale.

Back to top

Writs and warrants – information about execution of the writ or warrant

83.8

(1)  If the creditor or debtor serves notice on the enforcement agent or enforcement officer requiring reasonable information about the execution of a writ or warrant, the enforcement agent or enforcement officer must send such information to the creditor or debtor within 7 days of service of the notice.

(2) If the enforcement agent or enforcement officer fails to comply with the notice, the party who served the notice may apply to the court for an order directing the enforcement agent or enforcement officer to comply with the notice.

Back to top

SECTION III WRITS

Issue of writs of execution and writs of control

83.9

(1)  In this rule 'the appropriate office' means—

(a) where the proceedings in which execution is to issue are in a District Registry, that Registry;

(b) where the proceedings are in the Principal Registry of the Family Division, that Registry

(c) where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;

(ca) where the proceedings are in the Chancery Division, Chancery Chambers;

(d) in any other case, the Central Office of the Senior Courts.

(2) Issue of a writ of execution or control takes place on its being sealed by a court officer of the appropriate office.

(3) Before a writ is issued a request for its issue must be filed.

(4) The request must be signed—

(a) by the person entitled to execution, if acting in person; or

(b) by or on behalf of the solicitor of the person entitled to execution.

(5) Subject to paragraph (5A), the writ will not be sealed unless at the time it is presented for sealing—

(a) the person presenting the writ produces—

(i) the judgment or order on which the writ is to issue, or an office copy of it;

(ii) where permission was required for the writ to be issued, the order granting such permission or evidence of the granting of it;

(iii) where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 19786, evidence that the State has been served in accordance with rule 40.10 and that the judgment has taken effect; and

(b) the court officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act under the judgment or order has expired.

(5A) Where a request is made for a writ of possession to enforce a notice under section 33D of the Immigration Act 2014(4) (termination of agreement where all occupiers disqualified), a copy of that notice must be filed with the request instead of the judgment or order required by paragraph (5)(a)(i).

(6) Every writ of execution or control will bear the date of the day on which it is issued.

Back to top

Writs of control and writs of delivery – description of parties

83.10

(1)  This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—

(a) a writ of control;

(b) writ of delivery.

(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the writ as 'CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]'.

Back to top

Writs relating to ecclesiastical property

83.11

(1)  In this rule, 'a writ relating to ecclesiastical property' means—

(a) a writ of fieri facias de bonis ecclesiasticis; or

(b) a writ of sequestrari de bonis ecclesiasticis.

(2) This rule applies where it appears upon the return of any writ of control that the person against whom the writ was issued—

(a) has no goods or chattels in the district of the relevant enforcement officer; but

(b) is the incumbent of a benefice named in the return.

(3) After the writ and return have been filed, the party by whom the writ of control was issued may issue a writ relating to ecclesiastical property.

(4) Any such writ must be directed and delivered to the bishop of the diocese within which that benefice is, to be executed by that bishop.

(5) The only fees allowed to the bishop or diocesan officer for the execution of the writ are those authorised by or under any enactment, including any measure of the General Synod.

Back to top

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

83.12

(1) This rule applies in relation to writs that do not confer a power to use the TCG procedure.

(2) A court order under paragraph 10 of Schedule 7 to the Courts Act 20037 that a sale of goods seized under an execution may be made otherwise than by public auction may be made on the application of—

(a) the person at whose instance the writ of execution under which the sale is to be made was issued;

(b) the person against whom that writ was issued (in this rule referred to as 'the judgment debtor'); or

(c) if the writ was directed to one or more enforcement officers, the relevant enforcement officer.

(3) Such an application must be made in accordance with Part 23.

(4) Where the applicant for an order under this rule is not the enforcement officer, the enforcement officer must, on the demand of the applicant, send to the applicant a list, stating—

(a) whether the enforcement officer has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and

(b) so far as is known to the enforcement officer, the name and address of every creditor who has obtained the issue of another such writ of execution.

(5) Where the enforcement officer is the applicant, the enforcement officer must prepare such a list.

(6) Not less than 3 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 list prepared under paragraph (4) or (5).

(7) Service of the application notice on a person named in the list prepared under paragraph (4) or (5) is notice to that person for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.

(8) The applicant must produce the list prepared under paragraph (4) or (5) to the court on the hearing of the application.

(9) Every person on whom the application notice was served may attend and be heard on the hearing of the application.

Back to top

Enforcement in the High Court of a judgment or order for possession of land

83.13

(1)  A judgment or order for the giving of possession of land may be enforced in the High Court by one or more of the following means—

(a) writ of possession;

(b) in a case in which rule 81.4 applies, an order of committal;

(c) in a case in which rule 81.20 applies, writ of sequestration.

(2) Subject to paragraphs (3), (5) and (6), a writ of possession to enforce a judgment or order for the giving of possession of any land or to enforce a notice under section 33D of the Immigration Act 2014, will not be issued without the permission of the court.

(3) The court’s permission is not required for the issue of a writ of possession in a possession claim against trespassers under Part 55 unless the writ is to be issued after the expiry of three months from the date of the order.

(4) An application for permission under paragraph (3) may be made without notice being served on any other party unless the court orders otherwise.

(5) The courts’ permission to issue a writ of restitution in aid of a writ of possession is required whether or not permission was required for the writ of possession.

(6) The court’s permission is not required for the issue of a writ of possession to enforce a judgment or order for the giving of possession of any land where the judgment or order was given or made in proceedings in which there is a claim for—

(a) payment of moneys secured by the mortgage;

(b) sale of the mortgaged property;

(c) foreclosure;

(d) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is alleged to be in possession of the property;

(e) redemption;

(f) reconveyance of the land or its release from the security; or

(g) delivery of possession by the mortgagee.

(7) In paragraph (6) 'mortgage' includes a legal or equitable mortgage and a legal or equitable charge, and reference to a mortgagor, a mortgagee and mortgaged land is to be interpreted accordingly.

(8) Permission referred to in paragraph (2) will not be granted unless it is shown—

(a) that every person in actual possession of the whole or any part of the land ('the occupant') has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief to which the occupant may be entitled; and

(b) if the operation of the judgment or order is suspended by section 16(2) of the Landlord and Tenant Act 19548, that the applicant has not received notice in writing from the tenant that the tenant desires that the provisions of section 16(2)(a) and (b) of that subsection shall have effect.

(9) 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.

Back to top

Enforcement in the High Court of a judgment or order for delivery of goods

83.14

(1)  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 in the High Court by one or more of the following means—

(a) writ of delivery to recover the goods without alternative provision for recovery of the assessed value of those goods ('writ of specific delivery');

(b) in a case in which rule 81.4 applies, an order of committal;

(c) in a case in which rule 81.20 applies, writ of sequestration.

(2) 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—

(a) writ of delivery to recover the goods or their assessed value;

(b) by order of the court, writ of specific delivery;

(c) in a case in which rule 81.20 applies, writ of sequestration.

(3) An application for an order under paragraph (2)(b) must be made in accordance with Part 23, and must be served on the defendant against whom the judgment or order sought to be enforced was given or made.

(4) 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.

(5) 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.

(6) This rule applies to writs in aid of writs of delivery.

Back to top

SECTION IV WARRANTS

Application for warrant of control or warrant of delivery

83.15

(1)  In this rule, 'instalment order' means an order for payment of a sum of money by instalments.

(2) This rule applies in relation to—

(a) warrants of control; and

(b) warrants of delivery.

(3) A creditor may apply for a warrant to be issued by filing a request.

(4) A request for a warrant of control or delivery—

(a) may be made without notice; and

(b) must be made to—

(i) the County Court hearing centre where the judgment or order which it is sought to enforce was made; or

(ii) the County Court hearing centre to which the proceedings have since been transferred.

(5) Subject to paragraph (4)(b)(ii), a request for a warrant of control to enforce a judgment or order made at the County Court Money Claims Centre must be made to that office.

(6) In the request, the creditor must certify—

(a) the amount remaining due under the judgment or order; and

(b) where the order made is an instalment order—

(i) that the whole or part of any instalment due remains unpaid; and

(ii) the amount for which the warrant is to be issued.

(7) The court officer may discharge the functions of the District Judge under section 85(2) of the County Courts Act 19849 of issuing a warrant.

(8) Unless an instalment order has been made and paragraphs (9) and (10) apply, any warrant issued must be issued for the whole of the sum of money and costs remaining unpaid, and may not be issued for part of the sum.

(9) Where the court has made an instalment order and default has been made in payment of an instalment, then subject to paragraph (10), a warrant of control may be issued for—

(a) the whole of the sum of money and costs then remaining unpaid; or

(b) for such part of the sum as the creditor may request, which must not be less than the greater of—

(i) £50; or

(ii) the amount of one monthly instalment or, as the case may be, four weekly instalments.

(10) Where an instalment order has been made, no warrant will be issued unless at the time when it is issued—

(a) the whole or part of an instalment which has already become due remains unpaid; and

(b) any warrant previously issued for part of the sum of money and costs has expired, been satisfied or abandoned.

Back to top

Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer

83.16  The court may, on an application by a debtor who wishes to oppose a request for a warrant of control or warrant of delivery, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.

Back to top

Warrant of control or warrant of delivery – execution of High Court judgment

83.17

(1) Where it is desired to enforce by warrant of control or warrant of delivery—

(a) a judgment or order of the High Court; or

(b) a judgment, order, decree or award which is or has become enforceable as if it were a judgment of the High Court,

the request referred to in rule 83.15(3) may be filed in the County Court hearing centre which serves the address where execution is to be levied.

(2) Subject to paragraph (3), any restriction imposed by these rules on the issue of execution will apply as if the judgment, order, decree or award were a judgment or order of the County Court.

(3) Permission to issue execution will not be required if permission has already been given by the High Court.

(4) Notice of the issue of the warrant will be sent by the County Court to the High Court.

Back to top

Warrants of control and warrants of delivery – description of parties

83.18

(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—

(a) a warrant of control;

(b) a warrant of delivery.

(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the warrant as 'CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]'.

Back to top

Creditor’s request for transfer to the High Court for enforcement

83.19

(1) This rule applies where the creditor makes a request for a certificate of judgment under rule 40.14A(1) for the purpose of enforcing the judgment or order in the High Court—

(a) by execution against goods; or

(b) where the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers.

(2) The grant of a certificate by the court will take effect as an order to transfer the proceedings to the High Court and the transfer will have effect on the grant of that certificate.

(3) On the transfer of proceedings in accordance with paragraph (2), the County Court will—

(a) give notice to the debtor or the person against whom the possession order was made that the proceedings have been transferred; and

(b) make an entry of the fact of transfer in the court records.

(4) In a case where a request for a certificate of judgment is made under rule 40.14A(1) for the purpose of enforcing a judgment or order in the High Court and any of the following proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined—

(a) an application for a variation in the date or rate of payment of money due under a judgment or order;

(b) an application under either rule 39.3(3) or rule 13.4;

(c) a request for an administration order; or

(d) an application for a stay of execution under section 88 of the County Courts Act 198410.

Back to top

Warrants of control – bankruptcy or winding up of debtor

83.20

(1) This rule applies where the enforcement agent responsible for the execution of a warrant of control is required by any provision of the Insolvency Act 198611 or any other enactment relating to insolvency to retain the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale.

(2) The enforcement agent will, as soon as practicable after the sale or the receipt of the money, send notice to the creditor and the court.

(3) Where the enforcement agent responsible for the execution of a warrant—

(a) receives notice that—

(i) a bankruptcy order has been made against the debtor; or

(ii) if the debtor is a company—

(aa) a provisional liquidator has been appointed; or

(bb) an order has been made or a resolution passed for the winding up of the company;

(b) withdraws from possession of goods seized; or

(c) pays over to—

(i) the official receiver or trustee in bankruptcy; or

(ii) if the debtor is a company, the liquidator,

the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale or seized or received in part satisfaction of the warrant,

the enforcement agent must send notice to the creditor and the court.

Back to top

Warrants where the debtor is a farmer

83.21

(1) This rule applies if—

(a) any of the following warrants has been issued—

(i) a warrant of control;

(ii) any other warrant conferring the power to use the TCG procedure; or

(iii) a warrant of delivery; and

(b) the enforcement agent has reason to believe that the debtor is a farmer.

(2) If requested to do so by the court or enforcement agent, the creditor must provide the court or enforcement agent with an official certificate, dated not more than three days beforehand, of the result of a search at the Land Registry as to the existence of any charge registered against the debtor under the Agricultural Credits Act 192812.

(3) If the creditor fails to provide the official certificate referred to in paragraph (2) within 7 days of receipt of the request, the court, of its own motion or on the application of the enforcement agent, may order the creditor to provide the certificate.

Back to top

Warrants – withdrawal and suspension of warrant at creditor’s request

83.22

(1)  This rule applies if any of the following warrants has been issued—

(a) a warrant of control;

(b) any other warrant conferring the power to use the TCG procedure; or

(c) a warrant of delivery.

(2) Where a creditor requests the court to withdraw the warrant, subject to the following paragraphs of this rule—

(a) the creditor will be treated as having abandoned the goods; and

(b) the court will mark the warrant as withdrawn by request of the creditor.

(3) Where the request is made in consequence of an application having been made under Part 85, the enforcement power ceases to be exercisable in respect of the goods claimed.

(4) If the court is requested by the creditor to suspend the warrant because of an arrangement with the debtor, the court will mark the warrant as suspended by request of the creditor and the creditor may subsequently apply to the court for it to be re-issued.

(5) Nothing in this rule will prejudice any right of the creditor to apply for the issue of a fresh warrant or will authorise the re-issue of a warrant which has been withdrawn or has expired or has been superseded by the issue of a fresh warrant.

Back to top

Warrants of delivery

83.23

(1) In this rule 'warrant of specific delivery' means a warrant to recover goods without alternative provision for recovery of their value.

(2) Except where an act or rule provides otherwise, a judgment or order for the delivery of any goods will be enforceable by warrant of delivery in accordance with this rule.

(3) If the judgment or order does not give the person against whom it was given or made the alternative of paying the value of the goods, it may be enforced by a warrant of specific delivery.

(4) If the judgment or order is for the delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.

(5) Where a warrant of delivery is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of delivery.

(6) Where—

(a) a judgment or order is given or made for the delivery of goods or payment of their value; and

(b) a warrant is issued to recover the goods or their value,

money paid into court under the warrant will be appropriated first to any sum of money and costs awarded.

Back to top

Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements

83.24

(1) This rule applies where—

(a) a warrant of delivery has been issued for the whole or part of a sum of money and costs; and

(b) the warrant does not confer power to use the TCG procedure.

(2) Unless the court orders otherwise, the enforcement agent—

(a) must serve the debtor with a notice warning of the warrant; and

(b) must not levy the warrant until at least 7 days after service of the notice.

(3) Upon levying execution of the warrant, the enforcement agent must leave notice of the warrant at the place where it has been executed.

(4) If the enforcement agent removes the goods, the enforcement agent must deliver or send to the debtor an inventory of the goods removed sufficient for the debtor to identify the goods.

(5) The inventory must be delivered or sent to the debtor within 7 days of the goods being seized by—

(a) delivery to the debtor personally;

(b) sending the inventory by post to the debtor’s place of residence; or

(c) where the debtor’s place of residence is not known, by leaving the inventory for, or sending it to, the debtor at the place from which the goods were removed.

(6) If the enforcement agent fails to supply an inventory in accordance with this rule, the debtor may make an application to the court using the procedure in Part 23, for an order requiring the enforcement agent to do so.

Back to top

Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements

83.25

(1) Where a warrant of delivery confers the power to use the TCG procedure, this rule applies in relation to the parts of the warrant that do not confer that power.

(2) Subject to paragraph (4), the enforcement agent must send a warning notice to the person against whom the warrant is issued not less than 7 clear days before the enforcement agent executes the warrant.

(3) Where the period referred to in paragraph (2) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating that period.

(4) The court may order that a specified shorter period of notice be given to the debtor.

(5) The enforcement agent may apply for the order by way of application under Part 23 and may make the application as part of an application under rule 84.4.

(6) Upon executing the warrant, the enforcement agent must give to the debtor or leave for the debtor at the place where the warrant is being executed, notice about the execution.

(7) As soon as reasonably practicable, and in any event within 7 days of execution of the warrant, the enforcement agent must provide the debtor with a written inventory of goods taken with a description of the goods to enable the debtor to identify the goods correctly.

(8) If the enforcement agent fails to provide—

(a) notice of execution under paragraph (6); or

(b) an inventory under paragraph (7) within 7 days of execution,

the debtor may make an application to the court under Part 23 for an order requiring the enforcement agent to supply the notice or inventory as appropriate.

(Regulations 6 and 30 to 33 of the TCG Regulations contain notice and inventory requirements that apply in relation to the use of the TCG procedure.)

Back to top

Warrants of possession

83.26

(1) A judgment or order for the recovery of land will be enforceable by warrant of possession.

(2) An application for a warrant of possession—

(a) may be made without notice; and

(b) must be made to—

(i) the County Court hearing centre where the judgment or order which it is sought to enforce was made; or

(ii) the County Court hearing centre to which the proceedings have since been transferred.

(3) The court may, on an application by a debtor who wishes to oppose an application for a warrant of possession, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.

(4) Without prejudice to paragraph (7), the person applying for a warrant of possession must file a certificate that the land which is subject of the judgment or order has not been vacated.

(5) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 201013.

(6) Where a warrant of possession is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of possession.

(7) In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify—

(a) the amount of money remaining due under the judgment or order; and

(b) that the whole or part of any instalment due remains unpaid.

(8) A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.

(9) An application for permission under paragraph (8) may be made without notice being served on any other party and must be supported by evidence of—

(a)wrongful re-entry into possession following the execution of the warrant of possession; and

(b) such further facts as would, in the High Court, enable the creditor to have a writ of restitution issued.

(10) A warrant of possession to enforce an order for possession in a possession claim against a trespasser under Part 55 ('a warrant of possession against a trespasser') may be issued at any time after the date on which possession is ordered to be given.

(11) No warrant of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.

(12) Unless the court otherwise directs, an application for permission under paragraph (11) may be made without notice to any other party.

Back to top

Saving for enforcement by committal

83.27 Nothing in rules 83.23 and 83.26 prejudices any power to enforce a judgment or order for the delivery of goods or the recovery of land by any order of committal.

Back to top

Suspension of part warrant

83.28

(1)  This rule applies where a warrant issued for part of a sum of money and costs payable under a judgment or order is suspended on payment of instalments.

(2) Unless the court otherwise directs, the judgment or order will be treated as suspended on those terms as respects the whole of the sum of money and costs then remaining unpaid.

Back to top

Concurrent warrants

83.29 Two or more warrants of control may be issued concurrently for execution by two or more different enforcement agents, but—

(a) no more may be levied under all the warrants together than is authorised to be levied under one of them; and

(b) unless the court orders otherwise, the costs of more than one warrant will not be allowed against the debtor.

Back to top

Footnotes

  1. 2001 c.15. Back to text
  2. 2003 c.39. Schedule 7 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 308 and 351; the Tribunals, Courts and Enforcement Act 2007, section 62(3), 140, and 146 and Schedule 13, paragraphs 148 and 151 and Schedule 23, Part 3; and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 2, paragraph 40. Back to text
  3. Schedule 12 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, paragraph 52(1)(b) and (2). Back to text
  4. S.I. 2013/1894. Back to text
  5. 1951 c.65. Section 2 has been amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, Part V; the Children Act 1989 (c.41), section 108(5) and (6) and Schedule 13, paragraph 12 and Schedule 14, paragraph 1; the Tribunals, Courts and Enforcement Act 2007 (c.15), section 62(3) and Schedule 13, paragraph 24; and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 52(1)(b) and (2). Back to text
  6. 1978 c.33. Back to text
  7. 2003 c.39. Back to text
  8. 1954 c.56. Back to text
  9. 1984 c.28. Section 85(2) was amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 62(3) and Schedule 13, paragraphs 68 and 69 and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 1, paragraph 10(1)(b). Back to text
  10. 1984 c.28. Back to text
  11. 1986 c.45. Back to text
  12. 1928 c.43. Back to text
  13. S.I. 2010/1809. Back to text

Contact

Get email alerts
Find a form
Find a court form