Rule 2
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(1)
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A writ of execution to enforce a judgment or order
may not issue without the permission of the court in the following cases, that
is to say -- where 6 years or more have elapsed since the
date of the judgment or order;
- where any change has taken place, whether by
death or otherwise, in the parties entitled or liable to execution under the
judgment or order;
- where the judgment or order is against the
assets of a deceased person coming to the hands of his executors or
administrators after the date of the judgment or order, and it is sought to
issue execution against such assets;
- where under the judgment or order any person
is entitled to a remedy subject to the fulfilment of any condition which it is
alleged has been fulfilled;
- where any goods sought to be seized under a
writ of execution are in the hands of a receiver appointed by the court or a
sequestrator.
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(2)
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Paragraph (1) is without prejudice to section 2 of
the Reserve and Auxiliary Forces (Protection of Civil Interests) Act
1951
(7)
, or any other enactment or rule
by virtue of which a person is required to obtain the permission of the court
for the issue of a writ of execution or to proceed to execution on or otherwise
to the enforcement of a judgment or order.
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(3)
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Where the court grants permission, whether under
this rule or otherwise, for the issue of a writ of execution and the writ is
not issued within one year after the date of the order granting such
permission, the order shall cease to have effect, without prejudice, however,
to the making of a fresh order.
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Rule 4
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(1)
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An application for permission to issue a writ of
execution may be made in accordance with CPR Part 23 but the application notice
need not be served on the respondent unless the court directs.
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(2)
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Such an application must be supported by a witness
statement or affidavit -- identifying the judgment or order to which
the application relates and, if the judgment or order is for the payment of
money, stating the amount originally due thereunder and the amount due
thereunder at the date the application notice is filed;
- stating, where the case falls within rule
2(1)(a), the reasons for the delay in enforcing the judgment or order;
- stating, where the case falls within rule
2(1)(b), the change which has taken place in the parties entitled or liable to
execution since the date of the judgment or order;
- stating, where the case falls within rule
2(1)(c) or (d), that a demand to satisfy the judgment or order was made on the
person liable to satisfy it and that he has refused or failed to do so;
- giving such other information as is necessary
to satisfy the court that the applicant is entitled to proceed to execution on
the judgment or order in question and that the person against whom it is sought
to issue execution is liable to execution on it.
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(3)
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The court hearing such application may grant
permission in accordance with the application or may order that any issue or
question, a decision on which is necessary to determine the rights of the
parties, be tried in any manner in which any question of fact or law arising in
proceedings may be tried and, in either case, may impose such terms as to costs
or otherwise as it thinks just.
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Rule 5
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(1)
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Notwithstanding anything in rules 2 and 4, an
application for permission to issue a writ of sequestration must be made in
accordance with CPR Part 23 and be heard by a Judge.
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(2)
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Subject to paragraph (3), the application notice,
stating the grounds of the application and accompanied by a copy of the witness
statement or affidavit in support of the application, must be served personally
on the person against whose property it is sought to issue the writ.
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(3)
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The court may dispense with service of the
application notice under this rule if it thinks it just to do so.
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(4)
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The judge hearing an application for permission to
issue a writ of sequestration may sit in private in any case in which, if the
application were for an order of committal, he would be entitled to do so by
virtue of Order 52, rule 6 but, except in such a case, the application shall be
heard in public.
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Rule 6
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(1)
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Issue of a writ of execution takes place on its
being sealed by a court officer of the appropriate office.
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(2)
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Before such a writ is issued, a praecipe for its
issue must be filed.
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(3)
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The praecipe must be signed by or on behalf of the
solicitor of the person entitled to execution or, if that person is acting in
person, by him.
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(4)
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No such writ shall be sealed unless at the time of
the tender thereof for sealing -- the person tendering it produces
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- the judgment or order on which the writ
is to issue, or an office copy thereof;
- where the writ may not issue without
the permission of the court, the order granting such permission or evidence of
the granting of it;
- where judgment on failure to
acknowledge service has been entered against a State, as defined in section 14
of the State Immunity Act 1978
(8)
,
evidence that the State has been served in accordance with CPR rule 40.10 and
that the judgment has taken effect; and
- 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 thereunder has
expired.
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(5)
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Every writ of execution shall bear the date of the
day on which it is issued.
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(6)
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In this rule the appropriate office
means -- where the proceedings in which execution is
to issue are in a District Registry, that Registry;
- where the proceedings are in the Principal
Registry of the Family Division, that Registry;
- where the proceedings are Admiralty
proceedings or commercial proceedings which are not in a District Registry, the
Admiralty and Commercial Registry;
- where the proceedings are in the Chancery
Division, Chancery Chambers;
- in any other case, the Central Office of the
Supreme Court.
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Rule 8
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(1)
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For the purpose of execution, a writ of execution
is valid in the first instance for 12 months beginning with the date of its
issue.
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(2)
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Where a writ has not been wholly executed the court
may by order extend the validity of the writ from time to time for a period of
12 months at any one time beginning with the day on which the order is made, if
an application for extension is made to the court before the day next following
that on which the writ would otherwise expire or such later day, if any, as the
court may allow.
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(3)
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Before a writ the validity of which had been
extended under paragraph (2) is executed either the writ must be sealed with
the seal of the office out of which it was issued showing the date on which the
order extending its validity was made or the applicant for the order must serve
a notice (in Form No. 71 in the relevant practice direction) sealed as
aforesaid, on the sheriff to whom the writ is directed informing him of the
making of the order and the date thereof.
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(4)
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The priority of a writ, the validity of which has
been extended under this rule, shall be determined by reference to the date on
which it was originally delivered to the sheriff.
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(5)
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The production of a writ of execution, or of such a
notice as is mentioned in paragraph (3) purporting in either case to be sealed
as mentioned in that paragraph, shall be evidence that the validity of that
writ, or, as the case may be, of the writ referred to in that notice, has been
extended under paragraph (2).
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(6)
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If, during the validity of a writ of execution, an
interpleader summons is issued in relation to an execution under that writ, the
validity of the writ shall be extended until the expiry of 12 months from the
conclusion of the interpleader proceedings.
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