The Civil Procedure Rules 1998

[F1 SECTION I E+W Scope and Interpretation

Textual Amendments

F1 Pt. 85 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Scope E+W

85.1.— (1) This Part contains rules about claims on controlled goods and executed goods as follows—

(a) Section II sets out the mode of application for claims under this Part;

(b) Section III relates to the procedure for making claims to controlled goods;

(c) Section IV relates to the procedure for making claims against executed goods;

(d) Section V relates to the procedure for a debtor making a claim to exempt goods;

(e) Section VI relates to the powers of the court hearing any application under this Part.

(2) The rules in this Part apply where—

(a) a person makes an application to the court claiming that goods of which control has been taken belong to that person and not to the debtor;

(b) a person makes an application to the court claiming that goods, money or chattels taken or intended to be taken under a writ of execution or the proceeds or value of such goods or chattels belong to that person and not to the debtor; and

(c) a debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are intended to be taken under a writ of execution, claims that such goods or any of them are exempt goods.

Interpretation E+W

85.2.— (1) In this Part—

(a) “the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b) “claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;

(c) “a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;

(d) “claimant to controlled goods” means any person making a claim to controlled goods;

(e) “claimant to executed goods” means any person making a claim to executed goods;

(f) “the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods;

(g) “debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;

(h) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;

(i) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

(j) “executed goods” means goods subject to a writ of execution;

(k) “exempt goods” —

(i) in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and

(ii) in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;

(l) “goods subject to enforcement” refers to either controlled goods or executed goods;

(m) “relevant enforcement officer” means—

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

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

(n) “required payments” has the meaning given in paragraph 60(4) of Schedule 12;

(o) “Schedule 12” means Schedule 12 to the Act;

(p) “TCG Regulations” means the Taking Control of Goods Regulations 2013;

(q) “warrant of control” is to be construed in accordance with section 62(4) of the Act;

(r) “writ of control” is to be construed in accordance with section 62(4) of the Act;

(s) “writ of execution” includes—

(i) a writ of possession;

(ii) a writ of delivery;

(iii) a writ of sequestration;

(iv) writs relating to ecclesiastical property, namely—

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

(bb) a writ of sequestrari de bonis ecclesiasticis,

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

(t) the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—

(i) “creditor”;

(ii) “debt”;

(iii) “debtor”;

(iv) “enforcement power”;

(u) the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12—

(i) “control”;

(ii) “controlled goods”;

(iii) “co-owner”;

(iv) “disposal”;

(v) “interest”;

(vi) “money”;

(vi) “premises”;

(vii) “securities”.]