C5Part V Enforcement of Judgments and Orders

Annotations:
Modifications etc. (not altering text)
C5

Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)

Execution against goods

C6C785 Execution of judgments or orders for payment of money.

C11

F1Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,any sum of money payable under a judgment or order of F18the county court may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, F5under a warrant under subsection (2).

C12

F19A judge of the county court, on the application of the party prosecuting any such judgment or order, shall issue a F7warrant of control whereby F6any person authorised by or on behalf of the Lord Chancellor is empowered to F8use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order.

F32A

The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.

F4C13

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C14

It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant.

C286 Execution of orders for payment by instalments.

1

Where the court has made an order for payment of any sum of money by instalments, F9a warrant of control to recover any of that sum shall not be issued until after default in payment of some instalment according to the order.

2

F2Rules of court may prescribe the cases in which F10a warrant of control is to be issued if there is any such default and limit the amounts for which and the times at which F11a warrant of control may be issued.

3

Except so far as may be otherwise provided by F2rules of court made for those purposes, F12a warrant or successive warrants of control may be issued if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, F13no warrant of control may be issued unless when it is issued the whole or some part of an instalment which has already become due remains unpaid.

C387F14Indorsement of amount on warrant

1

In or upon every F16warrant of control issued from F18the county court against the goods of any person, the F20court shall cause to be inserted or indorsed the total amount to be F17recovered, inclusive of the fee for issuing the warrant but exclusive of the fees for its execution.

F152

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C488 Power to stay execution.

If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or any instalment of such a sum, the court may, in its discretion, stay any execution issued in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.