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)
83.5.—(1) Where—
(a)judgment is given or an order made for—
(i)payment of a sum otherwise than by instalments (“the sum”); and
(ii)costs to be assessed; and
(b)default is made in payment of the sum before the costs have been assessed,
a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.
(2) If—
(a)paragraph (1) applies;
(b)a writ or warrant is issued for the recovery of the sum;
(c)the costs are assessed; and
(d)default is made in payment of the costs,
a separate writ of control or warrant of control may be issued for the recovery of the costs.
(3) A party entitled to enforce a judgment or order of the High Court for—
(a)the delivery of any property, other than money; or
(b)possession of any property,
may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.
(4) A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.]