The Criminal Procedure Rules 2015

Warrant of control: application to resolve dispute

30.9.—(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—

(a) what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or

(b) the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.

(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on

(i) the court officer,

(ii) each other party to the dispute, and

(iii) any other co-owner; and

(c) pay any fee prescribed.

(3) The application must—

(a) identify the warrant of control;

(b) specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;

(c) identify the power that the applicant wants the court to exercise;

(d) specify the persons served with the application;

(e) explain the circumstances of the dispute; and

(f) propose the terms of the order that the applicant wants the court to make.

(4) A person served with an application who wants to make representations to the court must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant, and

(iii) any other person on whom the application was served;

(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and

(c) in the representations, propose the terms of the order that that person wants the court to make, and explain why.

(5) The court—

(a) must determine an application at a hearing, which must be in private unless the court otherwise directs;

(b) must not determine an application unless each party—

(i) is present, or

(ii) has had a reasonable opportunity to attend.

[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(1), and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014(2).]

(1)

2007 c. 15.

(2)

S.I. 2014/1.