[F1PART 85E+WClaims on Controlled Goods and Executed Goods

Textual Amendments

SECTION IVE+WProcedure for making a Claim against Executed Goods

Procedure for making a claim to executed goods where the claim is disputedE+W

85.7.—(1) Where a creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, gives notice under rule 85.6(3) that the claim to executed goods, or any part of it, is disputed, and wishes to maintain their claim, the following procedure will apply.

(2) The claimant to executed goods must make an application by application notice which must be supported by—

(a)a witness statement—

(i)specifying any money;

(ii)describing any goods claimed; and

(iii)setting out the grounds upon which the claim to the executed goods is based; and

(b)copies of any supporting documents that will assist the court to determine the claim.

(3) The claimant to executed goods must serve the application notice and supporting witness statements and exhibits on—

(a)the creditor;

(b)any other claimant to the executed goods of whom they are aware; and

(c)the relevant enforcement officer.

(4) An application under paragraph (2) must be made to the court which issued the writ of execution.

(5) The application notice will be referred to a Master or District Judge of a District Registry.

(6) On receipt of an application for a claim to executed goods, the Master or District Judge may—

(a)give directions for further evidence from any party;

(b)list a hearing to give directions;

(c)list a hearing of the application;

(d)make directions for the retention, sale or disposal of the executed goods; and

(e)give directions for determination of any issue raised by a claim to executed goods.

(Rule 83.3(11) provides that the validity of a writ of execution is automatically extended following an application under paragraph (2) until 12 months from the conclusion of the application proceedings.)]