Textual Amendments
F1Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
Modifications etc. (not altering text)
C1Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)
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 [F2Civil National Business 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.]
Textual Amendments
F2Words in rule 83.15(5) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 32