Textual Amendments
83.15.—(1) In this rule, “instalment order” means an order for payment of a sum of money by instalments.
(2) This rule applies in relation to—
(a)warrants of control; and
(b)warrants of delivery.
(3) A creditor may apply for a warrant to be issued by filing a request.
(4) A request for a warrant of control or delivery—
(a)may be made without notice; and
(b)must be made to—
(i)the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
(ii)the County Court hearing centre to which the proceedings have since been transferred.
(5) Subject to paragraph (4)(b)(ii), a request for a warrant of control to enforce a judgment or order made at the County Court Money Claims Centre must be made to that office.
(6) In the request, the creditor must certify—
(a)the amount remaining due under the judgment or order; and
(b)where the order made is an instalment order—
(i)that the whole or part of any instalment due remains unpaid; and
(ii)the amount for which the warrant is to be issued.
(7) The court officer may discharge the functions of the District Judge under section 85(2) of the County Courts Act 1984 of issuing a warrant.
(8) Unless an instalment order has been made and paragraphs (9) and (10) apply, any warrant issued must be issued for the whole of the sum of money and costs remaining unpaid, and may not be issued for part of the sum.
(9) Where the court has made an instalment order and default has been made in payment of an instalment, then subject to paragraph (10), a warrant of control may be issued for—
(a)the whole of the sum of money and costs then remaining unpaid; or
(b)for such part of the sum as the creditor may request, which must not be less than the greater of—
(i)£50; or
(ii)the amount of one monthly instalment or, as the case may be, four weekly instalments.
(10) Where an instalment order has been made, no warrant will be issued unless at the time when it is issued—
(a)the whole or part of an instalment which has already become due remains unpaid; and
(b)any warrant previously issued for part of the sum of money and costs has expired, been satisfied or abandoned.
83.16. The court may, on an application by a debtor who wishes to oppose a request for a warrant of control or warrant of delivery, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
83.17.—(1) Where it is desired to enforce by warrant of control or warrant of delivery—
(a)a judgment or order of the High Court; or
(b)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 83.15(3) may be filed in the County Court hearing centre which serves the address where execution is to be levied.
(2) Subject to paragraph (3), any restriction imposed by these rules on the issue of execution will apply as if the judgment, order, decree or award were a judgment or order of the County Court.
(3) Permission to issue execution will not be required if permission has already been given by the High Court.
(4) Notice of the issue of the warrant will be sent by the County Court to the High Court.
83.18.—(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—
(a)a warrant of control;
(b)a warrant of delivery.
(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the warrant as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
83.19.—(1) This rule applies where the creditor makes a request for a certificate of judgment under rule 40.14A(1) for the purpose of enforcing the judgment or order in the High Court—
(a)by execution against goods; or
(b)where the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers.
(2) The grant of a certificate by the court will take effect as an order to transfer the proceedings to the High Court and the transfer will have effect on the grant of that certificate.
(3) On the transfer of proceedings in accordance with paragraph (2), the County Court will—
(a)give notice to the debtor or the person against whom the possession order was made that the proceedings have been transferred; and
(b)make an entry of the fact of transfer in the court records.
(4) In a case where a request for a certificate of judgment is made under rule 40.14A(1) for the purpose of enforcing a judgment or order in the High Court and any of the following proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined—
(a)an application for a variation in the date or rate of payment of money due under a judgment or order;
(b)an application under either rule 39.3(3) or rule 13.4;
(c)a request for an administration order; or
(d)an application for a stay of execution under section 88 of the County Courts Act 1984.
83.20.—(1) This rule applies where the enforcement agent responsible for the execution of a warrant of control is required by any provision of the Insolvency Act 1986 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.
(2) The enforcement agent will, as soon as practicable after the sale or the receipt of the money, send notice to the creditor and the court.
(3) Where the enforcement agent responsible for the execution of a warrant—
(a)receives notice that—
(i)a bankruptcy order has been made against the debtor; or
(ii)if the debtor is a company—
(aa)a provisional liquidator has been appointed; or
(bb)an order has been made or a resolution passed for the winding up of the company;
(b)withdraws from possession of goods seized; or
(c)pays over to—
(i)the official receiver or trustee in bankruptcy; or
(ii)if the debtor is a company, 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 enforcement agent must send notice to the creditor and the court.
83.21.—(1) This rule applies if—
(a)any of the following warrants has been issued—
(i)a warrant of control;
(ii)any other warrant conferring the power to use the TCG procedure; or
(iii)a warrant of delivery; and
(b)the enforcement agent has reason to believe that the debtor is a farmer.
(2) If requested to do so by the court or enforcement agent, the creditor must provide the court or enforcement agent 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.
(3) If the creditor fails to provide the official certificate referred to in paragraph (2) within 7 days of receipt of the request, the court, of its own motion or on the application of the enforcement agent, may order the creditor to provide the certificate.
83.22.—(1) This rule applies if any of the following warrants has been issued—
(a)a warrant of control;
(b)any other warrant conferring the power to use the TCG procedure; or
(c)a warrant of delivery.
(2) Where a creditor requests the court to withdraw the warrant, subject to the following paragraphs of this rule—
(a)the creditor will be treated as having abandoned the goods; and
(b)the court will mark the warrant as withdrawn by request of the creditor.
(3) Where the request is made in consequence of an application having been made under Part 85, the enforcement power ceases to be exercisable in respect of the goods claimed.
(4) If the court is requested by the creditor to suspend the warrant because of an arrangement with the debtor, the court will mark the warrant as suspended by request of the creditor and the creditor may subsequently apply to the court for it to be re-issued.
(5) Nothing in this rule will prejudice any right of the creditor to apply for the issue of a fresh warrant or will 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.
83.23.—(1) In this rule “warrant of specific delivery” means a warrant to recover goods without alternative provision for recovery of their value.
(2) Except where an act or rule provides otherwise, a judgment or order for the delivery of any goods will be enforceable by warrant of delivery in accordance with this rule.
(3) 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.
(4) 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.
(5) Where a warrant of delivery is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of delivery.
(6) Where—
(a)a judgment or order is given or made for the delivery of goods or payment of their value; and
(b)a warrant is issued to recover the goods or their value,
money paid into court under the warrant will be appropriated first to any sum of money and costs awarded.
83.24.—(1) This rule applies where—
(a)a warrant of delivery has been issued for the whole or part of a sum of money and costs; and
(b)the warrant does not confer power to use the TCG procedure.
(2) Unless the court orders otherwise, the enforcement agent—
(a)must serve the debtor with a notice warning of the warrant; and
(b)must not levy the warrant until at least 7 days after service of the notice.
(3) Upon levying execution of the warrant, the enforcement agent must leave notice of the warrant at the place where it has been executed.
(4) If the enforcement agent removes the goods, the enforcement agent must deliver or send to the debtor an inventory of the goods removed sufficient for the debtor to identify the goods.
(5) The inventory must be delivered or sent to the debtor within 7 days of the goods being seized by—
(a)delivery to the debtor personally;
(b)sending the inventory by post to the debtor’s place of residence; or
(c)where the debtor’s place of residence is not known, by leaving the inventory for, or sending it to, the debtor at the place from which the goods were removed.
(6) If the enforcement agent fails to supply an inventory in accordance with this rule, the debtor may make an application to the court using the procedure in Part 23, for an order requiring the enforcement agent to do so.
83.25.—(1) Where a warrant of delivery confers the power to use the TCG procedure, this rule applies in relation to the parts of the warrant that do not confer that power.
(2) Subject to paragraph (4), the enforcement agent must send a warning notice to the person against whom the warrant is issued not less than 7 clear days before the enforcement agent executes the warrant.
(3) Where the period referred to in paragraph (2) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating that period.
(4) The court may order that a specified shorter period of notice be given to the debtor.
(5) The enforcement agent may apply for the order by way of application under Part 23 and may make the application as part of an application under rule 84.4.
(6) Upon executing the warrant, the enforcement agent must give to the debtor or leave for the debtor at the place where the warrant is being executed, notice about the execution.
(7) As soon as reasonably practicable, and in any event within 7 days of execution of the warrant, the enforcement agent must provide the debtor with a written inventory of goods taken with a description of the goods to enable the debtor to identify the goods correctly.
(8) If the enforcement agent fails to provide—
(a)notice of execution under paragraph (6); or
(b)an inventory under paragraph (7) within 7 days of execution,
the debtor may make an application to the court under Part 23 for an order requiring the enforcement agent to supply the notice or inventory as appropriate.
(Regulations 6 and 30 to 33 of the TCG Regulations contain notice and inventory requirements that apply in relation to the use of the TCG procedure.)
83.26.—(1) A judgment or order for the recovery of land will be enforceable by warrant of possession.
(2) An application for a warrant of possession—
(a)may be made without notice; and
(b)must be made to—
(i)the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
(ii)the County Court hearing centre to which the proceedings have since been transferred.
(3) The court may, on an application by a debtor who wishes to oppose an application for a warrant of possession, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
(4) Without prejudice to paragraph (7), the person applying for a warrant of possession must file a certificate that the land which is subject of the judgment or order has not been vacated.
(5) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010.
(6) Where a warrant of possession is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of possession.
(7) In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify—
(a)the amount of money remaining due under the judgment or order; and
(b)that the whole or part of any instalment due remains unpaid.
(8) A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.
(9) An application for permission under paragraph (8) may be made without notice being served on any other party and must be supported by evidence of—
(a)wrongful re-entry into possession following the execution of the warrant of possession; and
(b)such further facts as would, in the High Court, enable the creditor to have a writ of restitution issued.
(10) A warrant of possession to enforce an order for possession in a possession claim against a trespasser under Part 55 (“a warrant of possession against a trespasser”) may be issued at any time after the date on which possession is ordered to be given.
(11) No warrant of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.
(12) Unless the court otherwise directs, an application for permission under paragraph (11) may be made without notice to any other party.
83.27. Nothing in rules 83.23 and 83.26 prejudices any power to enforce a judgment or order for the delivery of goods or the recovery of land by any order of committal.
83.28.—(1) This rule applies where a warrant issued for part of a sum of money and costs payable under a judgment or order is suspended on payment of instalments.
(2) Unless the court otherwise directs, the judgment or order will be treated as suspended on those terms as respects the whole of the sum of money and costs then remaining unpaid.
83.29. Two or more warrants of control may be issued concurrently for execution by two or more different enforcement agents, but—
(a)no more may be levied under all the warrants together than is authorised to be levied under one of them; and
(b)unless the court orders otherwise, the costs of more than one warrant will not be allowed against the debtor.]