The Civil Procedure Rules 1998

Transfer to High Court for enforcementE+W

Rule 13[F1(1) Where the judgment creditor makes a request for a certificate of judgment under Order 22, rule 8(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,

the grant of a certificate by the court shall take effect as an order to transfer the proceedings to the High Court and the transfer shall have effect on the grant of that certificate.]

(2) On the transfer of proceedings in accordance with paragraph (1), the court shall give notice to the debtor [F2or the person against whom the possession order was made] that the proceedings have been transferred and shall make an entry of that fact in the records of his court.

(3) In a case where a request for a certificate of judgment is made under Order 22, rule 8(1) for the purpose of enforcing a judgment or order in the High Court and—

(a)an application for a variation in the date or rate of payment of money due under a judgment or order;

(b)an application under either CPR rule 39.3(3) or CPR rule 13.4;

(c)a request for an administration order; or

(d)an application for a stay of execution under section 88 of the Act,

is pending, the request for the certificate shall not be dealt with until those proceedings are determined.

Textual Amendments

F1Sch. 2 CCR Order 25 Rule 13(1) substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 15(a) (with rule 24)

F2Words in Sch. 2 CCR Order 25 rule 13(2) inserted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 15(b) (with rule 24)