C1F1PART 83Writs and Warrants – General Provisions

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SECTION IVWarrants

Creditor’s request for transfer to the High Court for enforcement83.19

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 F2to set aside or vary the judgment;

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.