C1F1PART 83Writs and Warrants – General Provisions
Pt. 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)
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.
Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)