The Civil Procedure Rules 1998

RSC ORDER 45 E+W ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Modifications etc. (not altering text)

C1 Sch. 1 RSC Order 45 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)

[F1 Interpretation E+W

Rule 1A.   In this Order, and in RSC Orders 46 and 47—

(a) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; and

(b) “relevant enforcement officer” means—

(i) in relation to a writ of execution which is directed to an single enforcement officer, that officer;

(ii) in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated.]

Textual Amendments

F1 Sch. 1 RSC Order 45 rule 1A inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 20

Enforcement of judgment, etc., for payment of money E+W

Rule 1—F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ.

Textual Amendments

F2 Sch. 1 RSC Order 45 rule 1(1) revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

F3 Sch. 1 RSC Order 45 rule 1(2) revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

F4 Sch. 1 RSC Order 45 rule 1(3) revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Notice of seizure E+W

Rule 2  When first executing a writ of fieri facias, the Sheriff or his officer [F5 or the relevant enforcement officer] shall deliver to the debtor or leave at each place where execution is levied a notice in Form No. 55 in [F6 Practice Direction 4] informing the debtor of the execution.

Textual Amendments

F5 Words in Sch. 1 RSC Order 45 rule 2 inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 21

F6 Words in Sch. 1 RSC Order 45 rule 2 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 53

Enforcement of judgment for possession of land E+W

Rule 3—(1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say—

(a) writ of possession;

(b) in a case in which [F7 rule 81.4] applies, an order of committal;

(c) [F8 in a case in which rule 81.20 applies], writ of sequestration.

(2) A writ of possession to enforce a judgment or order for the giving of possession of any land shall not be issued without the permission of the Court except where the judgment or order was given or made in F9 ... [F10 proceedings by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being proceedings in which there is a claim for—

(a) payment of moneys secured by the mortgage;

(b) sale of the mortgaged property;

(c) foreclosure;

(d) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is alleged to be in possession of the property;

(e) redemption;

(f) reconveyance of the land or its release from the security; or

(g) delivery of possession by the mortgagee]

[F11 (2A) In paragraph (2) “mortgage” includes a legal or equitable mortgage and a legal or equitable charge, and reference to a mortgagor, a mortgagee and mortgaged land is to be interpreted accordingly.]

(3) Such permission [F12 as is referred to in paragraph (2)] shall not be granted unless it is shown—

(a) that every person in actual possession of the whole or any part of the land has received such notice of the proceedings as appears to the Court sufficient to enable him to apply to the Court for any relief to which he may be entitled; and

(b) if the operation of the judgment or order is suspended by subsection (2) of section 16 of the Landlord and Tenant Act, 1954(1), that the applicant has not received notice in writing from the tenant that he desires that the provisions of paragraphs (a) and (b) of that subsection shall have effect.

(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

Textual Amendments

F7 Words in Sch. 1 RSC Order 45 rule 3(1)(b) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(i)(aa) (with art. 20)

F8 Words in Sch. 1 RSC Order 45 rule 3(1)(c) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(i)(bb) (with art. 20)

F9 Words in Sch. 1 RSC Order 45 rule 3(2) omitted (15.10.2001) by virtue of The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(a)(i)

F10 Words in Sch. 1 RSC Order 45 rule 3(2) inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(a)(ii)

F11 Sch. 1 RSC Order 45 rule 3(2A) inserted inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(b)

F12 Words in Sch. 1 RSC Order 45 rule 3(3) inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(c)

Enforcement of judgment for delivery of goods E+W

Rule 4—(1) Subject to the provisions of these rules, a judgment or order for the delivery of any goods which does not give a person against whom the judgment is given or order made the alternative of paying the assessed value of the goods may be enforced by one or more of the following means, that is to say—

(a) writ of delivery to recover the goods without alternative provision for recovery of the assessed value thereof (hereafter in this rule referred to as a “writ of specific delivery”);

(b) in a case in which [F13 rule 81.4] applies, an order of committal;

(c) [F14 in a case in which rule 81.20 applies], writ of sequestration.

(2) Subject to the provisions of these rules, a judgment or order for the delivery of any goods or payment of their assessed value may be enforced by one or more of the following means, that is to say—

(a) writ of delivery to recover the goods or their assessed value;

(b) by order of the Court, writ of specific delivery;

(c) in a case in which [F15 rule 81.20] applies, writ of sequestration.

An application for an order under sub-paragraph (b) shall be made in accordance with CPR Part 23, which must be served on the defendant against whom the judgment or order sought to be enforced was given or made.

(3) A writ of specific delivery, and a writ of delivery to recover any goods or their assessed value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of any goods may be enforced by the same means as any other judgment or order for the payment of money.

Textual Amendments

F13 Words in Sch. 1 RSC Order 45 rule 4(1)(b) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(ii)(aa) (with rule 20)

F14 Words in Sch. 1 RSC Order 45 rule 4(1)(c) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(ii)(bb) (with rule 20)

F15 Words in Sch. 1 RSC Order 45 rule 4(2)(c) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iii) (with rule 20)

Enforcement of judgment to do or abstain from doing any act E+W

F16 Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 1 RSC Order 45 rule 5 omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iv)(aa) (with rule 20)

Judgment, etc. requiring act to be done: order fixing time for doing it E+W

F17 Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 1 RSC Order 45 rule 6 omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iv)(bb) (with rule 20)

Service of copy of judgment, etc., prerequisite to enforcement under r.5 E+W

F18 Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 1 RSC Order 45 rule 7 omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iv)(cc) (with rule 20)

Court may order act to be done at expense of disobedient party E+W

Rule 8  If F19 ... a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers under section 39 of the Act and its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and execution may issue against the disobedient party for the amount so ascertained and for costs.

Textual Amendments

F19 Words in Sch. 1 RSC Order 45 rule 8 omitted (1.5.2004) by virtue of The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(d), 22

Execution by or against person not being a party E+W

F20 Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 1 RSC Order 45 rule 9 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Conditional judgment: waiver E+W

F21 Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 1 RSC Order 45 rule 10 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with rule 24) (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Matters occurring after judgment: stay of execution, etc. E+W

Rule 11  Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

Forms of writs E+W

Rule 12—(1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in [F22 Practice Direction 4] as is appropriate in the particular case.

(2) A writ of delivery must be in Form No. 64 or 65 in [F22 Practice Direction 4], whichever is appropriate.

(3) A writ of possession must be in Form No. 66 or 66A in [F22 Practice Direction 4], whichever is appropriate.

F23 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Words in Sch. 1 RSC Order 45 rule 12(1)-(4) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 53

F23 Sch. 1 RSC Order 45 rule 12(4) omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iv)(dd) (with rule 20)

Enforcement of judgments and orders for recovery of money, etc. E+W

F24 Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 1 RSC Order 45 rule 13 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with rule 24) (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Enforcement of decisions of Value Added Tax Tribunals E+W

F25 Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 1 RSC Order 45 rule 14 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

(1)

1954 c. 56.