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Courts Act 2003

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This is the original version (as it was originally enacted).

Sale of goods seized

This section has no associated Explanatory Notes

10(1)This paragraph applies if—

(a)a writ of execution has been issued from the High Court,

(b)goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and

(c)the goods are to be sold for a sum which, including legal incidental expenses, exceeds £20.

(2)The sale must be—

(a)made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and

(b)publicly advertised on, and during the three days preceding, the day of sale.

(3)If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.

(4)An execution creditor given notice under sub-paragraph (3) is entitled—

(a)to appear before the court, and

(b)to be heard on the application for the order.

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