CIVIL PROCEDURE RULES

SCHEDULE 2 - CCR RULES


CCR ORDER 26

WARRANTS OF EXECUTION, DELIVERY AND POSSESSION

APPLICATION FOR WARRANT OF EXECUTION

Rule 1 (1) A judgment creditor desiring a warrant of execution to be issued shall file a request in that behalf certifying -
  1. the amount remaining due under the judgment or order; and

  2. where the order made is for payment of a sum of money by instalments -

    1. that the whole or part of any instalment due remains unpaid; and

    2. the amount for which the warrant is to be issued.

(1A) The court officer shall discharge the functions -
  1. under section 85(2) of the Act of issuing a warrant of execution;

  2. 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

  3. 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 -
  1. the whole or part of an instalment which has already become due remains unpaid; and

  2. 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.

EXECUTION OF HIGH COURT JUDGMENT

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.

EXECUTION AGAINST FARMER

Rule 3 If after the issue of a warrant of execution the district judge for the district in which the warrant is to be executed has reason to believe that the debtor is a farmer, the execution creditor shall, if so required by the district judge, furnish him 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 1928(185).

CONCURRENT WARRANTS

Rule 4 Two or more warrants of execution may be issued concurrently for execution in different districts, but -
  1. no more shall be levied under all the warrants together than is authorised to be levied under one of them; and

  2. the costs of more than one such warrant shall not be allowed against the debtor except by order of the court.

PERMISSION TO ISSUE CERTAIN WARRANTS

Rule 5 (1) A warrant of execution shall not issue without the permission of the court where -
  1. six years or more have elapsed since the date of the judgment or order;

  2. 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;

  3. 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

  4. 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 applicant's 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.

DURATION AND RENEWAL OF WARRANT

Rule 6 (1) A warrant of execution shall, for the purpose of execution, be valid in the first instance for 12 months beginning with the date of its issue, but if not wholly executed, it may be renewed from time to time, by order of the court, for a period of 12 months at any one time, beginning with the day next following that on which it would otherwise expire, if an application for renewal is made before that day or such later day (if any) as the court may allow.
(2) A note of any such renewal shall be indorsed on the warrant and it shall be entitled to priority according to the time of its original issue or, where appropriate, its receipt by the district judge responsible for its execution.

NOTICE ON LEVY

Rule 7 Any bailiff upon levying execution shall deliver to the debtor or leave at the place where execution is levied a notice of the warrant.

BANKRUPTCY OR WINDING UP OF DEBTOR

Rule 8 (1) Where the district judge responsible for the execution of a warrant is required by any provision of the Insolvency Act 1986(186) 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 -
  1. 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