Rule 1
|
(1)
|
A judgment creditor desiring a warrant of execution
to be issued shall file a request in that behalf certifying -- the amount remaining due under the judgment
or order; and
- where the order made is for payment of a sum
of money by instalments -
- that the whole or part of any
instalment due remains unpaid; and
- the amount for which the warrant is to
be issued.
|
|
(1A)
|
The court officer shall discharge the functions
-- under section 85(2) of the Act of issuing a
warrant of execution;
- under section 85(3) of the Act of entering in
the record mentioned in that subsection and on the warrant the precise time of
the making of the application to issue the warrant, and
- under section 103(1) of the Act of sending
the warrant of execution to another county court.
|
|
(2)
|
Where the court has made an order for payment of a
sum of money by instalments and default has been made in payment of such an
instalment, a warrant of execution may be issued for the whole of the said sum
of money and costs then remaining unpaid or, subject to paragraph (3), for such
part as the judgment creditor may request, not being in the latter case less
than £50 or the amount of one monthly instalment or, as the case may be,
4 weekly instalments, whichever is the greater.
|
|
(3)
|
In any case to which paragraph (2) applies no
warrant shall be issued unless at the time when it is issued -- the whole or part of an instalment which has
already become due remains unpaid; and
- any warrant previously issued for part of the
said sum of money and costs has expired or has been satisfied or
abandoned.
|
|
(4)
|
Where a warrant is issued for the whole or part of
the said sum of money and costs, the court officer shall, unless the district
judge responsible for execution of the warrant directs otherwise, send a
warning notice to the person against whom the warrant is issued and, where such
a notice is sent, the warrant shall not be levied until 7 days
thereafter.
|
|
(5)
|
Where judgment is given or an order made for
payment otherwise than by instalments of a sum of money and costs to be
assessed in accordance with CPR Part 47 (detailed assessment procedure) and
default is made in payment of the sum of money before the costs have been
assessed, a warrant of execution may issue for recovery of the sum of money and
a separate warrant may issue subsequently for the recovery of the costs if
default is made in payment of them.
|
Rule 2
|
(1)
|
Where it is desired to enforce by warrant of
execution a judgment or order of the High Court, or 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 1(1) may be filed in any court in
the district of which execution is to be levied.
|
|
(2)
|
Subject to Order 25, rule 9(5), any restriction
imposed by these rules on the issue of execution shall apply as if the
judgment, order, decree or award were a judgment or order of the county court,
but permission to issue execution shall not be required if permission has
already been given by the High Court.
|
|
(3)
|
Notice of the issue of the warrant shall be sent
by the county court to the High Court.
|
Rule 5
|
(1)
|
A warrant of execution shall not issue without the
permission of the court where -- six years or more have elapsed since the date
of the judgment or order;
- any change has taken place, whether by death
or otherwise in the parties entitled to enforce the judgment or order or liable
to have it enforced against them;
- the judgment or order is against the assets
of a deceased person coming into 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; or
- any goods to be seized under a warrant of
execution are in the hands of a receiver appointed by a court.
|
|
(2)
|
An application for permission shall be supported by
a witness statement or affidavit establishing the applicants right to
relief and may be made without notice being served on any other party in the
first instance but the court may direct the application notice to be served on
such persons as it thinks fit.
|
|
(3)
|
Where, by reason of one and the same event, a
person seeks permission under paragraph (1)(b) to enforce more judgments or
orders than one, he may make one application only, specifying in a schedule all
the judgments or orders in respect of which it is made, and if the application
notice is directed to be served on any person, it need set out only such part
of the application as affects him.
|
|
(4)
|
Paragraph (1) is without prejudice to 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.
|
Rule 8
|
(1)
|
Where the district judge responsible for the
execution of a warrant is required by any provision of the Insolvency Act
1986
(132)
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, the court shall, as soon as practicable
after the sale or the receipt of the money, send notice to the execution
creditor and, if the warrant issued out of another court, to that court.
|
|
(2)
|
Where the district judge responsible for the
execution of a warrant -- receives notice that a bankruptcy order has
been made against the debtor or, if the debtor is a company, that a provisional
liquidator has been appointed or that an order has been made or a resolution
passed for the winding up of the company; and
- withdraws from possession of goods seized or
pays over to the official receiver or trustee in bankruptcy or, if the debtor
is a company, to 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 court shall send notice to the execution
creditor and, if the warrant issued out of another court, to that court.
|
|
(2)
|
Where the court officer of a court to which a
warrant issued out of another court has been sent for execution receives any
such notice as is referred to in paragraph (2)(a) after he has sent to the home
court any money seized or received in part satisfaction of the warrant, he
shall forward the notice to that court.
|
Rule 10
|
(1)
|
Where an execution creditor requests the district
judge responsible for executing a warrant to withdraw from possession, he
shall, subject to the following paragraphs of this rule, be treated as having
abandoned the execution, and the court shall mark the warrant as withdrawn by
request of the execution creditor.
|
|
(2)
|
Where the request is made in consequence of a claim
having been made under Order 33, rule 1, to goods seized under the warrant, the
execution shall be treated as being abandoned in respect only of the goods
claimed.
|
|
(3)
|
If the district judge responsible for executing a
warrant is requested by the execution creditor to suspend it in pursuance of an
arrangement between him and the debtor, the court shall mark the warrant as
suspended by request of the execution creditor and the execution creditor may
subsequently apply to the district judge holding the warrant for it to be
re-issued and, if he does so, the application shall be deemed for the purpose
of section 85(3) of the Act to be an application to issue the warrant.
|
|
(4)
|
Nothing in this rule shall prejudice any right of
the execution creditor to apply for the issue of a fresh warrant or shall
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.
|
Rule 15
|
(1)
|
Subject to paragraph (6), an order of the court
under section 97 of the Act that a sale under an execution may be made
otherwise than by public auction may be made on the application of the
execution creditor or the debtor or the district judge responsible for the
execution of the warrant.
|
|
(2)
|
Where he is not the applicant for an order under
this rule, the district judge responsible for the execution of the warrant
shall, on the demand of the applicant, furnish him with a list containing the
name and address of every execution creditor under any other warrant or writ of
execution against the goods of the debtor of which the district judge has
notice, and where the district judge is the applicant, he shall prepare such a
list.
|
|
(3)
|
Not less than 4 days before the day fixed for the
hearing of the application, the applicant shall give notice of the application
to each of the other persons by whom the application might have been made and
to every person named in the list referred to in paragraph (2).
|
|
(4)
|
The applicant shall produce the list to the court
on the hearing of the application.
|
|
(5)
|
Every person to whom notice of the application was
given may attend and be heard on the hearing of the application.
|
|
(6)
|
Where the district judge responsible for the
execution of the warrant is the district judge by whom it was issued and he has
no notice of any other warrant or writ of execution against the goods of the
debtor, an order under this rule may be made by the court of its own motion
with the consent of the execution creditor and the debtor or after giving them
an opportunity of being heard.
|
Rule 16
|
(1)
|
Except where an Act or rule provides otherwise, a
judgment or order for the delivery of any goods shall be enforceable by warrant
of delivery in accordance with this rule.
|
|
(2)
|
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, that is to say, a
warrant to recover the goods without alternative provision for recovery of
their value.
|
|
(3)
|
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.
|
|
(4)
|
Where a warrant of delivery is issued, the
judgment creditor shall be entitled, by the same or a separate warrant, to
execution against the debtors goods for any money payable under the
judgment or order which is to be enforced by the warrant of delivery.
|
|
(4A)
|
Where a judgment or order is given or made for the
delivery of goods or payment of their value and a warrant is issued to recover
the goods or their value, money paid into court under the warrant shall be
appropriated first to any sum of money and costs awarded.
|
|
(5)
|
The foregoing provisions of this order, so far as
applicable, shall have effect, with the necessary modifications, in relation to
warrants of delivery as they have effect in relation to warrants of
execution.
|
Rule 17
|
(1)
|
A judgment or order for the recovery of land shall
be enforceable by warrant of possession.
|
|
(2)
|
Without prejudice to paragraph (3A), the person
desiring a warrant of possession to be issued shall file a request in that
behalf certifying that the land has not been vacated in accordance with the
judgment or order for the recovery of the said land.
|
|
(3)
|
Where a warrant of possession is issued, the
judgment creditor shall be entitled, by the same or a separate warrant, to
execution against the debtors goods for any money payable under the
judgment or order which is to be enforced by the warrant of possession.
|
|
(3A)
|
In a case to which paragraph (3) applies or where
an order for possession has been suspended on terms as to payment of a sum of
money by instalments, the judgment creditor shall in his request certify
-- the amount of money remaining due under the
judgment or order; and
- that the whole or part of any instalment due
remains unpaid.
|
|
(4)
|
A warrant of restitution may be issued, with the
permission of the court, in aid of any warrant of possession.
|
|
(5)
|
An application for permission under paragraph (4)
may be made without notice being served on any other party and shall be
supported by evidence of wrongful re-entry into possession following the
execution of the warrant of possession and of such further facts as would, in
the High Court, enable the judgment creditor to have a writ of restitution
issued.
|
|
(6)
|
Rules 5 and 6 shall apply, with the necessary
modifications, in relation to a warrant of possession and any further warrant
in aid of such a warrant as they apply in relation to a warrant of
execution.
|