Statutory Instruments
Senior Courts Of England And Wales
County Courts, England And Wales
Made
24th February 2014
Laid before Parliament
27th February 2014
Coming into force in accordance with rule 2
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:
1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2014.
2.—(1) Subject to paragraphs (2) and (3), these Rules shall come into force on the date on which section 17(1) and (2) of the Crime and Courts Act 2013(2), come into force for all purposes.
(2) Rules 3, 14(f), 14(g), and 41(6) and (7) shall come into force on 1st April 2014.
(3) Rules 12, 16, 17, 19, 21(b), 27(b), 30, 34, 35(a), 35(b), 35(e), 35(f), 35(g), 35(h)(ii), 35(i), 36, 37, 38, 39(b), 40 and 41(1) to (4), and the Schedule to these Rules shall come into force on 6th April 2014.
3. In these Rules—
(a)a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(3) (“the Rules”); and
(b)a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and
(c)a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.
4. In the Rules and in CCR Order 27—
(a)unless amended elsewhere in these rules —
(i)for “a county court”, in each place it occurs, substitute “the County Court”;
(ii)for “county court”, in each place it occurs, substitute “County Court”;
(iii)for “county courts”, in each place it occurs, substitute “the County Court”; and
(iv)for “district judge”, in each place it occurs, substitute “District Judge”; and
5. In Part 2—
(a)in rule 2.3—
(i)in paragraph (1), in the definition of “defendant’s home court”, for subparagraph (a) substitute—
“(a)if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and”;
(ii)omit the definition of “designated money claim”;
(iii)after the definition of “judge”, insert—
“‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984;”;
(iv)for the definition of “preferred court” substitute—
“‘preferred hearing centre’ means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;”; and
(v)in paragraph (3)—
(aa)for “particular county court” substitute “the County Court”; and
(bb)for “district registry” substitute “District Registry”; and
(b)in rule 2.4, in subparagraph (b) for “or district judge” substitute “of the County Court”.
6. In Part 3—
(a)in rule 3.4, in paragraph (4), in subparagraph (c), for “he” substitute “the claimant”;
(b)in the table of contents, for the entry for rule 3.5A substitute “Judgment without trial after striking out a claim in the County Court Money Claims Centre”;
(c)in rule 3.5—
(i)in paragraph (3), for “he” substitute “the defendant”; and
(ii)in paragraph (5), for “he wishes” substitute “they wish”;
(d)for rule 3.5A substitute—
3.5A.—(1) If a claimant files a request for judgment in the County Court Money Claims Centre in accordance with rule 3.5, in a claim which includes an amount of money to be decided by the court, the claim will be sent to the preferred hearing centre.
(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.”; and
(e)after rule 3.6, insert—
“3.6A. If—
(a)a party against whom judgment has been entered under rule 3.5 applies to set the judgment aside;
(b)the claim is for a specified sum;
(c)the claim was started in the County Court Money Claims Centre; and
(d)the claim has not been sent to a County Court hearing centre,
the claim will be sent to—
(i)if the defendant is an individual, the defendant’s home court; and
(ii)if the defendant is not an individual, the preferred hearing centre.”.
7. In rule 8.1, after subparagraph (2) insert—
“(2A) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction provides otherwise.
(Practice Direction 8A includes further direction in respect of claims which are not made at the appropriate County Court hearing centre in the first instance.)”.
8. In Part 12—
(a)in the table of contents, for the entry for rule 12.5A substitute “County Court Money Claims”; and
(b)for rule 12.5A substitute—
12.5A.—(1) If a claimant files a request for judgment in the County Court which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5, the claim will be sent to the preferred hearing centre.
(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.”.
9. In Part 13—
(a)after rule 13.1, omit the words in parentheses;
(b)in rule 13.4—
(i)in paragraph (1)—
(aa)in subparagraph (c), after “has not been transferred,” insert “or, in the County Court, sent”;
(bb)in subparagraph (d), at the end, insert “,”; and
(cc)in the words which follow immediately below subparagraph (d), for “the court will transfer” substitute “in the High Court the court will transfer, or, in the County Court, the court officer will send,”;
(ii)in paragraph (1B)—
(aa)in subparagraph (b), for “is a designated money claim” substitute “has been started in the County Court Money Claims Centre”;
(bb)in subparagraph (c), for the words from “transferred” to the end, substitute “sent to a County Court hearing centre; and”; and
(cc)for the words which follow immediately below subparagraph (d) substitute—
“an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre.”; and
(iii)after paragraph (1B) insert—
“(1C) If a claim is sent to a preferred hearing centre pursuant to paragraph (1B) any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.”.
10. In Part 14—
(a)in the table of contents, for the entry for rule 14.7A substitute “Request for judgment for an amount of money to be decided by the court – claims in the County Court Money Claims Centre”;
(b)in rule 14.1, in paragraph (2), for “He” substitute “The party”;
(c)in rule 14.2, in paragraph (4), substitute—
“(4) If the defendant does so, this Part shall apply as if the admission had been made within that period.”.
(d)in rule 14.4, in paragraph (3), for “he does” substitute “they do”;
(e)in rule 14.5—
(i)in paragraph (3)—
(aa)for “him to return” substitute “the return of”; and
(bb)in subparagraphs (a), (b) and (c), for “he”, in each place it occurs, substitute “the claimant”;
(ii)in paragraph (4), in the words which follow immediately below subparagraph (b) omit “on him”;
(iii)in paragraph (5), for “he files the notice” substitute “the notice is filed”;
(iv)in paragraph (6)—
(aa)for “he”, in the first place it occurs, substitute “they”; and
(bb)for “he does” substitute “they do”; and
(v)in the words in parentheses which follow paragraph (9), for “he wishes” substitute “they wish”;
(f)in rule 14.6, in paragraph (5), for the words from “on him” to the end, substitute “the claim is stayed until the request is filed.”;
(g)in rule 14.7—
(i)in paragraph (3), for the words from “him to return” to “whether or not he” substitute “the return of the notice stating whether or not the claimant”;
(ii)in paragraph (4)—
(aa)omit “on him”; and
(bb)for “he files the notice” substitute “the notice is filed”;
(iii)in paragraph (5)—
(aa)for “he”, in the first place it occurs, substitute “they”; and
(bb)for “he does” substitute “they do”; and
(iv)in paragraph (9) for “he” substitute “the claimant”;
(h)for rule 14.7A substitute—
14.7A.—(1) If a claimant files a request for judgment in the County Court Money Claims Centre, for an amount of money to be decided by the court in accordance with rules 14.6 or14.7, the claim will be sent to the preferred hearing centre.
(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.”;
(i)in rule 14.9, in paragraph (4), for “he” substitute “they”;
(j)in rule 14.10, in paragraph (2), for “he” substitute “they”;
(k)in rule 14.11, in paragraph (2), for “he must do so” substitute “this must be done”;
(l)in rule 14.12—
(i)in paragraph (1), for “he” substitute “they”;
(ii)in paragraph (2)—
(aa)after “the proceedings will” insert “, in the High Court”;
(bb)after “transferred automatically” insert “, or, in the County Court, be sent”; and
(cc)in subparagraph (c), after “transferred” insert “or sent”;
(iii)in paragraph (2A)—
(aa)for “transferred automatically to the preferred court” substitute “sent to the preferred hearing centre”;
(bb)in subparagraph (b), for “is a designated money claim” substitute “was started in the County Court”; and
(cc)in subparagraph (d), for “transferred” substitute “sent”;
(m)in rule 14.13—
(i)in paragraph (3)—
(aa)after “the proceedings will” insert “, in the High Court”;
(bb)after “transferred”, in the first place it occurs, insert “, or, in the County Court, be sent”; and
(cc)in subparagraph (c), after “transferred” insert “or sent”; and
(ii)in paragraph (3A)—
(aa)for “transferred to the preferred court” substitute “sent to the preferred hearing centre”;
(bb)in subparagraph (b), for “is a designated money claim” substitute “was started in the County Court”; and
(cc)in subparagraph (c), for “transferred” insert “or sent”.
11. In rule 16.3, in paragraph (5)(a), for “£25,000” substitute “£100,000”.
12. In rule 21.1—
(a)for paragraph (1)(c) substitute—
“(c)does not apply to—
(i)proceedings under Part 75;
(ii)enforcement of specified debts by taking control of goods; or
(iii)applications in relation to enforcement of specified debts by taking control of goods,
where one of the parties to the proceedings is a child.”; and
(b)in paragraph (2)—
(i)at the end of subparagraph (e), for “.” substitute “;”; and
(ii)after subparagraph (e) insert—
“(f)“specified debts” has the same meaning as in rule 75.1(2)(e); and
(g)“taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(4).”.
13. In rule 23.2—
(a)in paragraph (1), after “made to the court” insert “or County Court hearing centre”;
(b)for paragraph (2) substitute—
“(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.”;
(c)For paragraph (4A) substitute—
“(4A) An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction provides otherwise.”; and
(d)in paragraph (5)—
(i)for “any court” substitute “the court or County Court hearing centre”; and
(ii)after “judgment unless any” insert “enactment,”.
14. In Part 26—
(a)in the table of contents—
(i)in the entry for rule 26.2, after “Automatic transfer” insert “in the High Court”;
(ii)for the entry for rule 26.2A substitute “Transfer of money claims within the County Court” ; and
(iii)after the entry for rule 26.4 insert—
| “Referral to the Mediation Service | Rule 26.4A”. |
(b)in rule 26.1—
(i)in paragraph (1)—
(aa)in subparagraph (a), for “between courts; and ” substitute “in the High Court;”; and
(bb)after subparagraph (a) insert—
“(a1)the circumstances in which defended cases may be sent from one County Court hearing centre or court office to another; and”;
(c)in rule 26.2—
(i)in the heading to the rule, for “— generally” substitute “in the High Court”;
(ii)omit “This rule applies where rule 26.2A does not apply.”; and
(iii)in paragraph (1), after “This rule applies to proceedings” insert “in the High Court”;
(d)in rule 26.2A—
(i)in the heading to the rule, for “Automatic Transfer of designated money claims” substitute “Transfer of money claims within the County Court”;
(ii)in paragraph (1), for “a designated money claim” substitute “for an amount of money in the County Court, specified or unspecified”;
(iii)in paragraph (2)—
(aa)for “proper”, in each place it occurs, substitute “court”;
(bb)for “transfer” substitute “send”; and
(cc)for “as appropriate” substitute “, or such other court as may be appropriate”;
(iv)for paragraph (3) substitute—
“(3) Subject to paragraph (5), if the defendant is an individual, at the relevant time the claim will be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim will be sent to the home court of the defendant who first files their defence).”;
(v)in paragraph (4), for “transfer” substitute “send”;
(vi)in paragraph (5)—
(aa)omit “the court will transfer”; and
(bb)after “the claim” insert “will be sent”;
(e)in rule 26.3—
(i)in paragraph (6), in subparagraph (a), omit “at court”;
(ii)in paragraph (7A), for “designated money claim” substitute “claim to which rule 26.2A applies”;
(iii)in paragraph (8), for “not a designated money claim” substitute “a claim to which rule 26.2 applies”; and
(iv)in paragraph (10)—
(aa)for “an order has been made” substitute “a case has been struck out”; and
(bb)after “rule 26.3(7A)(b) or”, insert “an order has been made under”;
(f)after rule 26.4 insert—
26.4A.—(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.6.
(2) This rule does not apply to—
(a)road traffic accident, personal injury or housing disrepair claims; or
(b)any claim in which any party to the proceedings does not agree to referral to the Mediation Service.
(3) In this rule, “the Mediation Service” means the Small Claims Mediation Service operated by Her Majesty’s Courts and Tribunals Service.
(4) Where all parties indicate on their directions questionnaire that they agree to mediation, the claim will be referred to the Mediation Service.
(5) If a claim to which this rule applies is settled, the proceedings will automatically be stayed with permission to apply for—
(a)judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
(b)the claim to be restored for hearing of the full amount claimed,
unless the parties have agreed that the claim is to be discontinued or dismissed.”; and
(g)in rule 26.5, after paragraph (2), insert—
“(2A) If—
(a)a claim is referred to the Mediation Service pursuant to rule 26.4A; and
(b)the court has not been notified in writing that a settlement has been agreed,
the claim will be allocated to a track in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.”.
15. In Part 30—
(a)in the table of contents to this Part, in the entry for rule 30.2, for “between county courts and within” substitute “within the County Court and”;
(b)in rule 30.1, in paragraph (1), for “between county courts” substitute “within the County Court”;
(c)in rule 30.2—
(i)in the heading to the rule, for “between county courts and within” substitute “within the County Court and”;
(ii)in paragraph (1)—
(aa)for “A county court may order proceedings before that court” substitute “In the County Court, a court may order that proceedings”;
(bb)for “to be”, substitute “may be”;
(cc)for “county court” substitute “County Court hearing centre”; and
(dd)in the words which follow immediately below subparagraph (b)(ii), for “in that other county court” substitute “elsewhere”;
(iii)omit paragraph (2);
(iv)in paragraph (3)—
(aa)omit “or (2)”; and
(bb)for “county court” substitute “County Court hearing centre”; and
(v)in paragraph (7), for the words from “in a particular County Court” to the end, substitute “by sending, or making, the claim or application to a particular County Court hearing centre, paragraph (1) does not give the court power to order proceedings to be transferred elsewhere.”;
(d)in rule 30.3—
(i)in paragraph (1), in subparagraph (b), for “between county courts” substitute “within the County Court”; and
(ii)in paragraph (3), for “before a county court” substitute “in the County Court”;
(e)in rule 30.4, for the words from “the court from which they will be transferred” to “notice of the”, substitute “it will give notice of that”;
(f)in rule 30.6, for “county court” substitute “County Court hearing centre”; and
(g)in rule 30.7—
(i)after “to another court” insert “or County Court hearing centre”; and
(ii)after “if that court” insert “or hearing centre”.
16. In Part 40—
(a)in the table of contents to this Part—
(i)after the entry for rule 40.8, insert—
| “Stay of execution and other relief | Rule 40.8A”; |
(ii)after the entry for rule 40.9, insert—
| “County Court judgments and orders – variation of payment | Rule 40.9A” |
(iii)after the entry for rule 40.13, insert—
| “County Court set-off of cross-judgments | Rule 40.13A”; and |
(iv)after the entry for rule 40.14, insert—
| “County Court certificate of judgment | Rule 40.14A |
| Order of appeal court | Rule 40.14B”; |
(b)after rule 40.8, insert—
40.8A. Without prejudice to rule 83.7(1), a party against whom a judgment has been given or an order made may apply to the court for—
(a)a stay of execution of the judgment or order; or
(b)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.”;
(c)after rule 40.9, insert—
40.9A.—(1) In this rule—
(a)“creditor” means the person entitled to the benefit of a judgment or order;
(b)“debtor” means the person liable to make the payment under the judgment or order; and
(c)“debtor’s home court” means the court, or County Court hearing centre, serving the address of the debtor.
(2) Where a judgment or order has been given or made in the County Court for the payment of money, the creditor or, as the case may be, the debtor may apply in accordance with this rule for a variation in the date or rate of payment.
(3) The creditor may apply in writing, without notice being served on any other party, for an order that the money—
(a)if payable in one sum, be paid—
(i)at a later date than that by which it is due; or
(ii)by instalments; or
(b)if already payable by instalments, be paid by the same or smaller instalments,
and the court officer may make an order accordingly, subject to paragraph (4).
(4) If no payment has been made under the judgment or order for 6 years before the date of the application, the court officer must refer the application to the District Judge.
(5) The creditor may apply to the District Judge in writing and on notice for an order that the money—
(a)if payable in one sum, be paid at an earlier date than that by which it is due; or
(b)if payable by instalments, be paid in one sum or by larger instalments.
(6) Any application under paragraph (5) must state the proposed terms and the grounds on which it is made.
(7) Where an application is made under paragraph (5)—
(a)the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
(b)the court officer will fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
(8) The debtor may apply for an order that the money—
(a)if payable in one sum, be paid at a later date than that by which it is due or by instalments; or
(b)if already payable by instalments, be paid by smaller instalments.
(9) Any application under paragraph (8) must—
(a)be in the appropriate form;
(b)state the proposed terms;
(c)state the grounds on which it is made; and
(d)include a signed statement of the debtor’s means.
(10) Where an application is made under paragraph (8), the court officer will—
(a)send the creditor a copy of the debtor’s application and statement of means; and
(b)require the creditor to notify the court in writing, within 14 days of service of notification, giving reasons for any objection the creditor may have to the granting of the application.
(11) If the creditor does not notify the court of any objection within the time stated, the court officer will make an order in the terms applied for.
(12) Upon receipt of a notice from the creditor under paragraph (10), the court officer may determine the date and rate of payment and make an order accordingly.
(13) Any party affected by an order made under paragraph (12) may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered and, where such an application is made—
(a)the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
(b)the court officer shall fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
(14) On hearing an application under paragraph (13), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit and the order so made will be entered in the records of the court.
(15) Any order made under any of the foregoing paragraphs may be varied from time to time by a subsequent order made under any of those paragraphs.”;
(d)after rule 40.13, insert—
40.13A.—(1) This rule applies to applications under section 72 of the County Courts Act 1984(5) for permission to set off any sums, including costs, payable under several judgments or orders each of which was obtained in the County Court.
(2) Where the judgments or orders have been obtained in the same County Court hearing centre, the application—
(a)may be made to that hearing centre on the day when the last judgment or order is obtained, if both parties are present; and
(b)in any other case must be made on notice.
(3) Where the judgments or orders have been obtained in different County Court hearing centres, the application may be made to any of them on notice.
(4) The District Judge located at the hearing centre to which the application is made will—
(a)forthwith stay execution on any judgment or order to which the application relates; and
(b)notify any hearing centre that made the relevant judgments or orders of the stay.
(5) Where execution has been stayed under paragraph (4), any money paid into court under the judgment or order will be retained until the application has been disposed of and the court has directed how any money paid into court is to be dealt with.
(6) Paragraphs (7) and (8) apply where an order is made by the High Court giving permission to set off sums payable under several judgments and orders obtained respectively in the High Court and the County Court.
(7) The High Court will send to the County Court a copy of the order giving permission, and the County Court will deal with any money paid into court in accordance with that order.
(8) The court officer of the County Court will enter satisfaction in the County Court records for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied will issue only for the balance remaining payable.”; and
(e)after rule 40.14, insert—
40.14A.—(1) Any person who wishes to have a certificate of any judgment or order given or made in a claim in the County Court (“the applicant”) may make a request in writing to the court.
(2) If the applicant is a party to the claim, the request must state whether the certificate—
(a)is required for the purpose of taking proceedings on the judgment or order in another court;
(b)is required for the purpose of enforcing the judgment or order in the High Court; or
(c)is for the purpose of evidence only.
(3) If the applicant is not a party to the claim, the request must state—
(a)the purpose for which the certificate is required;
(b)the capacity in which the person asks for the certificate; and
(c)any other facts showing that the certificate may properly be granted.
(4) Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant must also either—
(a)state that—
(i)it is intended to enforce the judgment or order by execution against goods; or
(ii)the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or
(b)confirm that an application has been made for an order under section 42 of the County Courts Act 1984(6) (transfer to High Court by order of the County Court) and attach a copy of the application to the request for a certificate.
(5) Where the applicant making the request is not a party to the claim, the request will be referred to the District Judge, who may refer it to the judge.
(6) Without prejudice to paragraph (5), for the purposes of section 12(2) of the County Courts Act 1984(7) a certificate under this rule may be signed by a court officer.
40.14B. Where the Court of Appeal or High Court has heard and determined an appeal from the County Court, the party entitled to the benefit of the order of the appeal court must deposit the order or an office copy of it in the office of the relevant hearing centre of the County Court.”.
17. In rule 42.1—
(a)before “Where the address”, insert “(1)”;
(b)for “his” substitute “that party’s”; and
(c)after what will be paragraph (1), insert—
“(2) For the purposes of this Part, “solicitor” has the meaning set out in rule 6.2(d).”.
18. In rule 44.1, in paragraph (1), in the definition of “authorised court officer”—
(a)in sub-subparagraph (iii), for “Principal Registry of the Family Division; or” substitute “the Family Court;”; and
(b)after sub-subparagraph (iii), insert—
“(iiia)the High Court; or”.
19. In rule 45.30, in paragraph (2), in subparagraph (b), after “or registered design” insert “or registered trade mark”.
20. In rule 47.4—
(a)for paragraph (3) substitute—
“(3) In the County Court, a court may direct that another County Court hearing centre is to be the appropriate office.”; and
(b)in the words in parentheses which follow rule 47.4, for “any county court to transfer the proceedings to another county court” substitute “the transfer within the County Court of proceedings”.
21. In Part 52—
(a)in rule 52.3—
(i)in paragraph (3)—
(aa)after “permission to appeal” insert “—”; and
(bb)omit the words from “, a further application” to “the appeal court.”; and
(cc)below paragraph (3), insert—
“(a)a further application for permission may be made to the appeal court; and
(b)the order refusing permission will specify—
(i)the court to which any further application for permission should be made; and
(ii)the level of the judge who should hear the application.”; and
(ii)in paragraph (4A), in subparagraph (b)—
(aa)omit “a patents county court judge and”; and
(bb)for “circuit judge in any county court” substitute “Circuit Judge in the County Court”; and
(b)after rule 52.20, insert—
“52.21. Where an appeal lies to the High Court—
(a)under section 151(4) of the Pensions Schemes Act 1993 from a determination or direction of the Pensions Ombudsman; or
(b)under section 217(1) of the Pensions Act 2004 from a determination or direction of the Pension Protection Fund Ombudsman,
the permission of the High Court is required for such an appeal to be brought.”.
22. In Part 55—
(a)in rule 55.3, for paragraph (1) substitute—
“(1) In the County Court—
(a)the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;
(b)the claim will be issued by the hearing centre where the claim is made; and
(c)if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address when it is issued.
(Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)”;
(b)in rule 55.5—
(i)in paragraph (1), for “The court” substitute “Subject to paragraph (1A), the court”;
(ii)after paragraph (1) insert—
“(1A) If the claim is not made at the County Court hearing centre which serves the address where the land is situated, a date will be fixed for hearing when the claim is received by that hearing centre.”;
(c)in rule 55.11, for paragraph (2) substitute—
“(2) The claim—
(a)may be brought in any County Court hearing centre; and
(b)will be issued by the hearing centre where it is brought.”; and
(d)in rule 55.16—
(i)in paragraph (1), in subparagraph (b), for “he” substitute “the judge”; and
(ii)after paragraph (1) insert—
“(1A) If—
(a)the judge directs that a date be fixed for hearing in accordance either with paragraph (2) or rule 55.18(1); and
(b)the claim has not been brought in the County Court hearing centre which serves the address where the land is situated,
the judge will direct that the proceedings should be transferred to that hearing centre.”.
23. In rule 56.2, for subparagraph (1) substitute—
“(1) In the County Court—
(a)the claim may be made at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;
(b)the claim will be issued by the hearing centre where the claim is made; and
(c)if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address.
(Practice Direction 56 includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)”.
24. In Part 57—
(a)in rule 57.1, in paragraph (2), in subparagraph (b), for sub-subparagraph (iii), insert—
“(iii)in the case of County Court proceedings, the office of the County Court hearing centre in question;”;
(b)in rule 57.2, in paragraph (3)—
(i)for “brought in” substitute “started by sending the claim to, or making the claim at”;
(ii)in subparagraph (a), for “county court” substitute “County Court hearing centre”; and
(iii)in subparagraph (b) for “Central London County Court” substitute “County Court at Central London”; and
(c)in rule 57.9, in paragraph (4)—
(i)for “shall” substitute “will”; and
(ii)for subparagraph (b) substitute—
“(b)if the County Court has jurisdiction, to a County Court hearing centre where there is also a Chancery District Registry or the County Court at Central London.”.
25. In rule 60.4, in subparagraph (c), for “county court” substitute “County Court hearing centre”.
26. In rule 61.2, in paragraph (3), in subparagraph (c), for “Central London County Court” substitute “County Court at Central London”.
27. In Part 63—
(a)In rule 63.13, in subparagraph (c), for “county court” substitute “County Court hearing centre”;
(b)in rule 63.14, in paragraph (2)—
(i)for subparagraph (a) substitute—
“(a)on a party who has registered the right at the address for service given for that right in the appropriate register at—
(i)the United Kingdom Patent Office; or
(ii)the Office for Harmonisation in the Internal Market,
provided the address is within the United Kingdom; or”; and
(ii)in subparagraph (b), omit “6.32(1)”; and
(c)in rule 63.19, in paragraph (1A), for “circuit judge” substitute “Circuit Judge”.
28. In Part 65—
(a)in rule 65.3—
(i)in paragraph (2)—
(aa)after “The application”, omit “must be”;
(bb)in subparagraph (a), before “made by a claim” insert “must be”;
(cc)for subparagraph (b) substitute—
“(b)may be made at any County Court hearing centre; and”; and
(dd)in subparagraph (c), for “the application” substitute “must be”;
(ii)after paragraph (2) insert—
“(2A) If the application—
(a)is on notice; and
(b)is not made at a County Court hearing centre which serves the address where—
(i)the defendant resides; or
(ii)the conduct complained of occurred,
the application will be issued by the County Court hearing centre where the application is made, and sent to the hearing centre in (i) or (ii) as appropriate.
(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the relevant address.)”; and
(iii)in paragraph (4), before subparagraph (a), insert—
“(a1)the application may—
(i)be made at any County Court hearing centre;
(ii)be heard at the hearing centre where the application is made; and
(iii)at any stage of the proceedings, be transferred by the court to—
(aa)the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or
(bb)another hearing centre as the court considers appropriate;”;
(b)in rule 65.10, omit paragraph (2);
(c)in rule 65.12, for the words from “in the county court” to “is situated”, substitute “in accordance with rule 55.3(1)”;
(d)in rule 65.14, for paragraph (1) substitute—
“(1) (a) The claim may be made at any County Court hearing centre;
(b)the claim will be issued by the hearing centre where the claim is made; and
(c)if the claim is not made at the County Court hearing centre which serves the address where the property is situated, the claim, when it is issued, will be sent to that hearing centre.
(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property is situated.)”;
(e)in rule 65.28—
(i)before “A claim”, insert “(1)”;
(ii)in subparagraph (a), for “; and” substitute “and—”;
(iii)in subparagraph (b)—
(aa)omit “(b) must be commenced—”; and
(bb)for sub-subparagraphs (i) and (ii) substitute—
“(i)in the High Court, must be commenced in the Queen’s Bench Division, or
(ii)in the County Court, may be commenced at any County Court hearing centre.”; and
(iv)after what will be paragraph (1), insert—
“(2) If the application is commenced at a County Court hearing centre which does not serve the address where—
(a)the defendant resides or carries on business; or
(b)the claimant resides or carries on business,
the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate.
(Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)”; and
(f)in rule 65.43—
(i)in paragraph (2)—
(aa)omit “must be”;
(bb)in subparagraph (a), before “made by”, insert “must be”; and
(cc)for subparagraph (b) substitute—
“(b)may be made at any County Court hearing centre; and”;
(ii)in subparagraph (c), before “supported by”, insert “must be”;
(iii)after paragraph (2), insert—
“(2A) If the application—
(a)is on notice; and
(b)is made at a County Court hearing centre which does not serve the address where—
(i)the defendant resides or carries on business; or
(ii)the claimant resides or carries on business,
the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.
(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)”;
(iv)in paragraph (4), before subparagraph (a), insert—
“(a1)the application may—
(i)be made at any County Court hearing centre;
(ii)be heard at the hearing centre where the application is made; and
(iii)at any stage of the proceedings, be transferred by the court to—
(aa)the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or
(bb)another hearing centre as the court considers appropriate;” and
(v)in subparagraph (6), for “acknowledgement” substitute “acknowledgment”.
29. In rule 67.3—
(a)in paragraph (1)—
(i)in subparagraph (a)—
(aa)in sub-subparagraph (ii), for “county court’s” substitute “County Court’s”; and
(bb)in the words which follow immediately below sub-subparagraph (ii), for “that county court”, substitute “the County Court”;
(ii)in the words in the first set of parentheses which follow subparagraph (b), for “any county court” substitute “the County Court”; and
(b)in paragraph (3), in subparagraph (c) in sub-subparagraphs (i) and (ii), for “district registry”, in each place it occurs, substitute “District Registry”.
30. In Part 70—
(a)in the table of contents to this Part, after the entry for rule 70.2, insert—
| “Court may order act to be done at expense of disobedient party | Rule 70.2A”; |
(b)in rule 70.1, in the words in parentheses which follow paragraph (1)—
(i)after “Parts 71 to 73,” insert “81, 83, and 84,”;
(ii)omit “Schedule 1 RSC Orders 45 to 47 and 52”; and
(iii)for “25 to 29” substitute “27 and 28”; and
(c)after rule 70.2, insert—
70.2A.—(1) In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.
(2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—
(a)the party by whom the order or judgment was obtained; or
(b)some other person appointed by the court.
(3) Where paragraph (2) applies—
(a)the costs to another person of doing the act will be borne by the disobedient party;
(b)upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and
(c)execution may issue against the disobedient party for the amount so ascertained and for costs.
(4) Paragraph (2) is without prejudice to—
(a)the court’s powers under section 39 of the Senior Courts Act 1981(8); and
(b)the court’s powers to punish the disobedient party for contempt.”;
(d)in rule 70.3—
(i)for paragraph (1), substitute—
“(1) Subject to rule 83.17, a judgment creditor wishing to enforce a High Court judgment or order in the County Court must apply to the High Court for an order transferring the proceedings.”; and
(ii)in the words in parentheses which follow paragraph (2), for “CCR Order 25 rule 13” substitute “Rule 83.19”; and
(e)in rule 70.5, in paragraph (2A)—
(i)after “Parts 71 to 73,” insert “81, 83, and 84,”;
(ii)omit “Schedule 1 RSC Orders 45 to 47 and 52; and
(iii)for “25 to 29” substitute “27 and 28”.
31. In Part 71—
(a)in rule 71.2, in paragraph (2), in subparagraph (b)—
(i)after “in the court” insert “or County Court hearing centre”;
(ii)in sub-subparagraph (i), after “different court” insert “or hearing centre”; and
(iii)in sub-subparagraph (ii), for the words from “Northampton” to “designated money claim”, substitute “the County Court Money Claims Centre”; and
(b)in rule 71.8, in paragraph (1), in the words which follow immediately below subparagraph (c), for “circuit judge”, substitute “Circuit Judge”.
32. In Part 72—
(a)in rule 72.3, in paragraph (1), in subparagraph (b), in sub-subparagraph (ii), for the words from “Northampton” to “designated money claim”, substitute “the County Court Money Claims Centre”; and
(b)in rule 72.7, in paragraph (2), in subparagraph (b), for “county court” substitute “County Court hearing centre”.
33. In Part 73—
(a)in rule 73.3, in subparagraph (2)—
(i)after “issued in the court” insert “or County Court hearing centre”; and
(ii)in subparagraph (e), for the words from “Northampton” to “designated money claim”, substitute “the County Court Money Claims Centre”; and
(b)in rule 73.10, in the words in parentheses which follow paragraph (2), for “county court’s” substitute “County Court’s”.
34. In Part 74—
(a)In the table of contents, in the entry for section II, for “COUNTY COURTS” substitute “THE COUNTY COURT”.
(b)in rule 74.2, in paragraph (1)—
(i)in subparagraph (c) in sub-subparagraph (iv), after “writ of execution” insert “or a writ of control”;
(ii)in paragraph (d), at the end, for “.” substitute “;” and
(iii)after subparagraph (d) insert—
“(e)“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;
(f)“writ of execution” includes—
(i)a writ of possession;
(ii)a writ of delivery;
(iii)a writ of sequestration;
(iv)a writ of fieri facias de bonis ecclesiasticis,
and any further writ in favour of any such writs, but does not include a writ of control.”; and
(iv)in the heading to section II, for “COUNTY COURTS” substitute “THE COUNTY COURT”.
35. In Part 75—
(a)in the table of contents, for the entry for rule 75.7, substitute “Local authority warrant of control”; and
(b)in rule 75.1—
(i)paragraph (1), in the words in parentheses which follow subparagraph (b), for “Rule 21.1(1)(c)”, substitute “Rule 21.1(1)(c)(i)”;
(ii)in paragraph (2), after subparagraph (a), insert—
“(a1)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(9);
(a2)“local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;”; and
(iii)in paragraph (2), in subparagraph (b)—
(aa)in sub-subparagraph (i), for “bailiff”, in each place it occurs, substitute “enforcement agent”; and
(bb)in sub-subparagraph (ii), for “warrant of execution” substitute “local authority warrant of control”;
(c)in rule 75.2, in paragraph (2)—
(i)for subparagraph (a) substitute—
“(a)the Centre is deemed to be an office of the County Court; and”; and
(ii)in subparagraph (b) for “that court”, substitute “the County Court”;
(d)in rule 75.3, in paragraph (3), for “county court” substitute “County Court”;
(e)in rule 75.6—
(i)omit subparagraph (b);
(ii)in subparagraph (c), for “CCR Order 26, rule 5; and” substitute “rule 83.2;”;
(iii)after subparagraph (c), insert—
“(ca)rule 83.4; and”; and
(iv)omit the words in parentheses following rule 75.6(d);
(f)in rule 75.7—
(i)in the heading and paragraph (1), for “warrant of execution” substitute “local authority warrant of control”; and
(ii)omit paragraphs (5) and (6);
(g)in rule 75.8, in subparagraph (c), for “bailiff” substitute “enforcement agent”;
(h)in rule 75.9—
(i)for “another county court” substitute “a County Court hearing centre”; and
(ii)in subparagraph (b), for “warrant of execution” substitute “local authority warrant of control”; and
(i)in rule 75.10, in paragraph (d), in subparagraph (ii), for “warrant of execution” substitute “local authority warrant of control”.
36. After Part 82, insert Parts 83 to 86 as set out in the Schedule to these Rules.
37. In Schedule 1 to the Rules, omit—
(a)RSC Order 17;
(b)RSC Order 45;
(c)RSC Order 46;
(d)RSC Order 47; and
(e)RSC Order 113.
38. In Schedule 2 to the Rules, omit—
(a)CCR Order 22;
(b)CCR Order 24;
(c)CCR Order 25;
(d)CCR Order 26; and
(e)CCR Order 33.
39. In CCR Order 27—
(a)in the table of contents to the Order, in the entries for —
(i)rule 13; and
(ii)rule 20,
for “motion” substitute “initiative”;
(b)in rule 1, in paragraph (1), after the definition of “the Act of 1971” insert—
““judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order;
“debtor” means the person against whom a judgment or order was given or made.”;
(c)in rule 2—
(i)in paragraph (1)—
(aa)delete “officer of every court”;
(bb)delete “residing”; and
(cc)for the words from “that court” to the end, substitute “the court.”;
(ii)omit paragraph (2);
(iii)in paragraph (3)—
(aa)for “The” substitute “A”; and
(bb)omit “believed to be residing within the district of the court”;
(d)in rule 3—
(i)in paragraph (1), for the words from “may be made” to “for the district in which”, substitute “must be made at the County Court hearing centre which serves the address where”;
(ii)in paragraph (2)—
(aa)for “court” substitute “County Court hearing centre”; and
(bb)omit “, or for the district in which,”;
(iii)in paragraph (3)—
(aa)for the words “court for the district in” substitute “County Court hearing centre which serves the address at”;
(bb)for “, so however that” substitute “. However,”;
(cc)for “by any such court” substitute “at any other hearing centre”; and
(dd)for “to that court” substitute “there”; and
(iv)in paragraph (4)—
(aa)for “Northampton County Court in respect of a designated money claim” substitute “the County Court Money Claims Centre”; and
(bb)for “since been transferred” insert “or sent”; and
(cc)omit “different”;
(e)in rule 4—
(i)in paragraph (1), for “his” substitute “the”; and
(ii)in subparagraph (b)—
(aa)omit “the justices’ chief executive for”; and
(bb)for “by that chief executive” substitute “from the magistrates’ court”;
(f)in rule 5—
(i)in paragraph (2)—
(aa)omit “on him”
(bb)omit “for him”; and
(cc)for “his knowledge” substitute “the debtor’s knowledge”; and
(ii)in paragraph (2A)—
(aa)for “defendant” substitute “debtor”; and
(bb)for “he pays” substitute “the debtor pays”;
(g)in rule 6—
(i)for “his” substitute “their”; and
(ii)for “him” substitute “them”;
(h)in rule 7—
(i)in paragraph (1), for “he has” substitute “there is”;
(ii)in paragraph (2), for “him and giving his” substitute “them and giving their”;
(iii)in paragraph (3), for “he” substitute “the District Judge”;
(iv)in paragraph (4)—
(aa)for “he”, in the first place occurs, substitute “the District Judge”; and
(bb)for “he has” substitute “there is”;
(v)in paragraph (5), for “he” substitute “they”;
(vi)in paragraph (6)—
(aa)for “him” substitute “them”; and
(bb)omit “his”;
(vii)in paragraph (7), for “he” substitute “the District Judge”; and
(viii)in paragraph (8)—
(aa)in subparagraph (a), for “him” substitute “the creditor”; and
(bb)in subparagraph (b), for “his” substitute “the creditor’s”;
(i)in rule 7A, in paragraph (2)—
(i)omit “his”; and
(ii)for “he” substitute “they”;
(j)omit rule 8;
(k)in rule 10—
(i)in paragraph (1)
(aa)for “his”, in each of the first three places it occurs, substitute “the debtor’s”;
(bb)omit “his” in the fourth place it occurs; and
(cc)in the words which follow immediately below subparagraph (c), for “and those particulars” substitute “which”;
(ii)in paragraph (2), for “he” substitute “the debtor”; and
(iii)in paragraph (3) omit “the justices’ chief executive for”;
(l)in rule 13—
(i)in the heading to the rule, for “motion” substitute “initiative”;
(ii)in paragraph (1), for “motion” substitute “initiative”;
(iii)in paragraph (2), for the words from “directed to him” to “in his employment”, substitute “does not employ the debtor”;
(iv)in paragraph (3), for the words “have the debtor in his employment” substitute “employ the debtor”; and
(v)in paragraph (9) for “motion” substitute “initiative”;
(m)in rule 14, in paragraph (2), for “he” substitute “the District Judge”;
(n)in rule 15, in paragraph (1), for “him” substitute “them”;
(o)in rule 16, in paragraph (1)—
(i)for “him”; and
(ii)for “he”,
in both places, substitute “the alleged offender”;
(p)omit rule 17;
(q)in rule 19, in paragraph (3B), in subparagraph (b)—
(i)for “him”, in the first place it occurs, substitute “that party”; and
(ii)for “upon him, giving his reasons for any objection he may have” substitute “, giving reasons for any objection”;
(r)in rule 20—
(i)in the heading to the rule, for “motion” substitute “initiative”; and
(ii)for “his own motion” substitute “their own initiative”; and
(s)in rule 22, omit—
(i)“to him”; and
(ii)“he would”.
40. In CCR Order 28—
(a)before rule 1, insert—
1. In this Order—
(a)“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order; and
(b)“debtor” means the person against whom a judgment or order was given or made.”.
(b)after rule 1, insert—
1. This rule applies where the name or address of the judgment creditor or debtor as given in the request for the issue of a judgment summons differs from that person’s name or address in the judgment or order sought to be enforced.
2. If the judgment creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the judgment creditor or the debtor will be described in the judgment summons as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.”
41.—(1) In this rule—
(a)“enforcement action” means the steps taken by or on behalf of a person to recover sums or property from another person;
(b)“enforcement amendments” means the amendments made by rules 12, 16, 30, 34, 35(a), 35(b), 35(e), 35(f), 35(g), 35(h)(ii), 35(i), 36, 37, 38, 39(b) and 40 of these Rules; and
(c)“County Court commencement date” means the date on which section 17(1) and (2) of the Crime and Courts Act 2013(10) come into force for all purposes.
(2) The enforcement amendments do not apply in relation to a writ or warrant or any enforcement action or other action taken in relation to the writ or warrant where—
(a)permission for the issue of the writ or warrant is sought before 6th April 2014;
(b)permission is not required for the issue of the writ, and a request for the issue of the writ is filed before 6th April 2014;
(c)permission is not required for the issue of a warrant of execution or warrant of delivery, and a request for the issue of the warrant is filed before 6th April 2014; or
(d)an application for the issue of a warrant of possession is made before 6th April 2014.
(3) The enforcement amendments do not apply in relation to enforcement action, or any action taken in relation to that enforcement action, where the right to take the enforcement action becomes exercisable otherwise than by virtue of a writ or warrant issued by a court, and the enforcement action is begun before 6th April 2014.
(4) Until the County Court commencement date, any reference in the enforcement amendments—
(a)to the County Court, has effect as if it were a reference to the relevant county court or county courts then in existence; and
(b)to a County Court hearing centre, has effect as if it were a reference to the county court corresponding to that hearing centre.
(5) As from the County Court commencement date—
(a)proceedings started in a county court may be continued—
(i)in the County Court as if they had been started in the County Court; and
(ii)in the County Court hearing centre corresponding to that county court;
(b)anything done in accordance with the rules which applied to a county court is to be treated as if it had been done in accordance with any rules applicable to corresponding proceedings in the County Court; and
(c)any act, judgment or order of a county court has the same effect as if it had been an act judgment or order of the County Court, and accordingly further proceedings in the County Court may be taken in respect of such act, judgment or order.
(6) The amendments made by rule 14(f) and (g) shall apply if one of the parties to the proceedings files their directions questionnaire on or after 1st April 2014.
(7) In any proceedings to which Practice Direction 51I (the Second Mediation Service Pilot Scheme) applies, if all parties—
(a)filed their directions questionnaires before or on 31st March 2014; and
(b)indicated on their directions questionnaires that they agreed to mediation,
the amendments made by rule 14(f) and (g) will apply as if one of the parties had filed their directions questionnaire on or after 1st April 2014, save that a claim will be allocated to track in accordance with new rule 26.5(2A) no later than four weeks from the date when the last directions questionnaire was filed.
(8) The amendment in rule 21(b) shall apply to any appeal from a determination or direction of the Pensions Ombudsman or the Pension Protection Fund Ombudsman, filed on or after 6th April 2014.
The Right Honourable Lord Dyson, MR
Stephen Richards, LJ
Peter Coulson, J
Philip Sales, J
Master Barbara Fontaine
His Honour Judge Martin McKenna
District Judge Michael Hovington
District Judge Christopher Lethem
Nicholas Bacon QC
William Featherby QC
Edward Pepperall QC
Qasim Nawaz
Amanda Stevens
Tim Lett
I allow these Rules
Signed by authority of the Lord Chancellor
Edward Faulks
Minister of State
Ministry of Justice
24th February 2014
Rule 36
| SECTION I SCOPE AND INTERPRETATION | |
| 83.1 | Scope and interpretation |
| SECTION II WRITS AND WARRANTS | |
| 83.2 | Writsand warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants |
| 83.3 | Writsand warrants other than those conferring a power to use the TCG procedure – duration and priority |
| 83.4 | Writsand warrants conferring a power to use the TCG procedure – duration and priority |
| 83.5 | Writsand warrants – separate enforcement of costs |
| 83.6 | Writsand warrants other than those conferring a power to use the TCG procedure – levying execution on certain days |
| 83.7 | Writsof control and warrants – power to stay execution or grant other relief |
| 83.8 | Writs and warrants – information about execution of the writ or warrant |
| SECTION III WRITS | |
| 83.9 | Issue of writs of execution and writs of control |
| 83.10 | Writs of control and writs of delivery – description of parties |
| 83.11 | Writsrelating to ecclesiastical property |
| 83.12 | Writsother than those conferring a power to use the TCG procedure – order for sale otherwise than by auction |
| 83.13 | Enforcement in the High Court of a judgment or order for possession of land |
| 83.14 | Enforcement in the High Court of a judgment or order for delivery of goods |
| SECTION IV WARRANTS | |
| 83.15 | Application for warrant of control or warrant of delivery |
| 83.16 | Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer |
| 83.17 | Warrant of control or warrant of delivery – execution of High Court judgment |
| 83.18 | Warrants of control and warrants of delivery – description of parties |
| 83.19 | Creditor’s request for transfer to the High Court for enforcement |
| 83.20 | Warrants of control – bankruptcy or winding up of debtor |
| 83.21 | Warrants where the debtor is a farmer |
| 83.22 | Warrants – withdrawal and suspension of warrant at creditor’s request |
| 83.23 | Warrants of delivery |
| 83.24 | Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements |
| 83.25 | Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements |
| 83.26 | Warrants of possession |
| 83.27 | Saving for enforcement by committal |
| 83.28 | Suspension of part warrant |
| 83.29 | Concurrent warrants |
83.1.—(1) This Part contains general rules about writs and warrants as follows—
(a)Section II relates to writs and warrants;
(b)Section III relates to writs only; and
(c)Section IV relates to warrants only.
(2) In this Part—
(a)“the Act” means the Tribunals, Courts and Enforcement Act 2007(11);
(b)“the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;
(c)“the debtor” means a person against whom a judgment or order was given or made;
(d)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
(e)“enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003(12);
(f)“relevant enforcement officer” means—
(i)in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and
(ii)in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
(g)“Schedule 12” means Schedule 12 to the Act(13);
(h)“TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;
(i)“TCG Regulations” means the Taking Control of Goods Regulations 2013(14);
(j)“warrant of control” is to be construed in accordance with section 62(4) of the Act;
(k)“writ of control” is to be construed in accordance with section 62(4) of the Act;
(l)“writ of execution” includes—
(i)a writ of possession;
(ii)a writ of delivery;
(iii)a writ of sequestration;
(iv)a writ of fieri facias de bonis ecclesiasticis,
and any further writ in aid of any such writs, but does not include a writ of control.
83.2.—(1) This rule applies to—
(a)writs and warrants of control;
(b)writs of execution;
(c)warrants of delivery;
(d)warrants of possession.
(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”.
(3) A relevant writ or warrant must not be issued without the permission of the court where—
(a)six years or more have elapsed since the date of the judgment or order;
(b)any change has taken place, whether by death or otherwise, in the parties—
(i)entitled to enforce the judgment or order; or
(ii)liable to have it enforced against them;
(c)the judgment or order is against the assets of a deceased person coming into the hands of that person’s executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
(d)any goods to be seized under a relevant writ or warrant are in the hands of a receiver appointed by a court or sequestrator;
(e)under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled; or
(f)the permission sought is for a writ of control or writ of execution, and that writ is to be in aid of another writ of control or execution.
(4) An application for permission may be made in accordance with Part 23 and must—
(a)identify the judgment or order to which the application relates;
(b)if the judgment or order is for the payment of money, state the amount originally due and, if different, the amount due at the date the application notice is filed;
(c)where the case falls within paragraph (3)(a), state the reasons for the delay in enforcing the judgment or order;
(d)where the case falls within paragraph (3)(b), state the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;
(e)where the case falls within paragraph (3)(c) or (d), state that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that that person has refused or failed to do so;
(f)give such other information as is necessary to satisfy the court that the applicant is entitled to proceed to execution on the judgment or order, and that the person against whom it is sought to issue execution is liable to execution on it.
(5) An application for permission may be made without notice being served on any other party unless the court directs otherwise.
(6) If because of one event, an applicant seeks permission under paragraph (3)(b) to enforce more than one judgment or order, the applicant need only make one application for permission.
(7) Where paragraph (6) applies—
(a)a schedule must be attached to the application for permission, specifying all the judgments or orders in respect of which the application for permission is made; and
(b)if the application notice is directed to be served on any person, it need set out only such part of the application as affects that person.
(8) Paragraph (3) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(15) and any enactment, rule or direction by virtue of which a person is required to obtain the permission of the court for the issue of a warrant or to proceed to execution or otherwise to the enforcement of a judgment or order.
83.3.—(1) This rule applies to—
(a)writs of execution;
(b)warrants of possession; and
(c)warrants of delivery,
other than writs of execution or warrants that confer a power to use the TCG procedure.
(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.
(3) Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue.
(4) The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.
(5) If the application is made before the expiry of the period of 12 months, the period of extension will begin on the day after the expiry.
(6) If the application is made after the expiry of the period of 12 months, any period of extension will begin on any day after the expiry that the court may allow.
(7) Before a relevant writ that has been extended is executed—
(a)the court will seal the writ; or
(b)the applicant for the extension order must serve a notice sealed as described in subparagraph (a) on the relevant enforcement officer informing that officer of the making of the extension order and the date of that order.
(8) In relation to a relevant warrant, the court will endorse the warrant with a note of the renewal or extension.
(9) Irrespective of whether it has been extended under paragraph (4)—
(a)the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and
(b)the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.
(10) The production of the following will be evidence that the relevant writ or warrant has been extended—
(a)the writ sealed in accordance with paragraph (7)(a);
(b)the notice sealed in accordance with paragraph (7)(b);
(c)the warrant endorsed in accordance with paragraph (8).
(11) If, during the validity of a relevant writ, a person makes an application under Part 85 in relation to an execution under that writ, the validity of the writ will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.
83.4.—(1) This rule applies to—
(a)a writ of control;
(b)a warrant of control; and
(c)any other writ or warrant that confers power to use the TCG procedure.
(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.
(3) A relevant writ or warrant will be valid for the period in which an enforcement agent may take control of the goods in question, as specified in regulation 9(1) of the TCG Regulations.
(4) If a period in which to take control of goods is extended by the court under regulation 9(3) of the TCG Regulations, the validity of the relevant writ or warrant will be extended for the same period.
(Rule 84.5 contains provisions about applications to the court requesting a time extension.)
(5) Irrespective of whether it has been extended under regulation 9(3) of the TCG Regulations—
(a)the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and
(b)the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.
(6) The production of—
(a)the extension order granted under regulation 9(3) of the TCG Regulations, or a copy of it; or
(b)the relevant writ or warrant endorsed in accordance with rule 84.5(3)(b), or a copy of it,
will be evidence that the writ or warrant has been extended.
(7) If, during the validity of a relevant writ or warrant, a person makes an application under Part 85 in relation to goods taken into control under that writ or warrant, the validity of the writ or warrant will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.
83.5.—(1) Where—
(a)judgment is given or an order made for—
(i)payment of a sum otherwise than by instalments (“the sum”); and
(ii)costs to be assessed; and
(b)default is made in payment of the sum before the costs have been assessed,
a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.
(2) If—
(a)paragraph (1) applies;
(b)a writ or warrant is issued for the recovery of the sum;
(c)the costs are assessed; and
(d)default is made in payment of the costs,
a separate writ of control or warrant of control may be issued for the recovery of the costs.
(3) A party entitled to enforce a judgment or order of the High Court for—
(a)the delivery of any property, other than money; or
(b)possession of any property,
may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.
(4) A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.
83.6.—(1) This rule applies to writs and warrants other than—
(a)writs of control;
(b)warrants of control;
(c)any other writs or warrants that confer a power to use the TCG procedure; and
(d)writs or warrants in relation to an Admiralty claim in rem.
(2) Unless the court orders otherwise, a writ or warrant to enforce a judgment or order must not be executed on a Sunday, Good Friday or Christmas Day.
83.7.—(1) At the time that a judgment or order for payment of money is made or granted, or at any time thereafter, the debtor or other party liable to execution of a writ of control or a warrant may apply to the court for a stay of execution.
(2) The power of the court to stay execution of a warrant of control may be exercised by a District Judge, or a court officer where paragraph (10) applies, and the power of the court to stay execution of any other warrant or of a writ of control may be exercised by a Master or District Judge.
(3) Where the application for a stay of execution is made on the grounds of the applicant’s inability to pay, the witness statement required by paragraph (6)(b) must disclose the debtor’s means.
(4) If the court is satisfied that—
(a)there are special circumstances which render it inexpedient to enforce the judgment or order; or
(b)the applicant is unable from any reason to pay the money,
then, notwithstanding anything in paragraph (5) or (6), the court may by order stay the execution of the judgment or order, either absolutely or for such period and subject to such conditions as the court thinks fit.
(5) An application under this rule, if not made at the time the judgment is given or order made—
(a)must be made in accordance with Part 23, as modified by paragraphs (6) to (14); and
(b)may be made even if the party liable to execution did not acknowledge service of the claim form or serve a defence or take any previous part in the proceedings.
(6) The grounds on which an application under this rule is made must—
(a)be set out in the application notice; and
(b)be supported by a witness statement made by or on behalf of the applicant substantiating the grounds.
(7) Paragraphs (8) to (15) apply to applications in the County Court.
(8) Where the debtor makes an application in the County Court, the court will—
(a)send the creditor a copy of the debtor’s application (and statement of means); and
(b)require the creditor to notify the court in writing whether or not the creditor objects to the application, within 14 days of service of the notification, giving reasons for any objection the creditor may have to the granting of the application.
(9) If the creditor does not notify the court of any objection within the time stated, the court officer may make an order suspending the warrant on terms of payment.
(10) Upon receipt of a notice by the creditor under paragraph (8)(b), the court officer may, if the creditor agrees, or objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.
(11) Any party affected by an order made under paragraph (10) may, within 14 days of service of the order on that party and giving reasons, apply on notice for the order to be reconsidered.
(12) If a party applies for the order to be reconsidered, the court will—
(a)fix a day for the hearing of the application before the District Judge; and
(b)give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
(13) On hearing an application under paragraph (11), the District Judge may confirm the order or set it aside and make such new order as the court thinks fit.
(14) Where the creditor states in the notice under paragraph (8)(b) that the creditor wishes the enforcement agent to proceed to execute the warrant, the court will—
(a)fix a day for a hearing before the District Judge of the debtor’s application; and
(b)give to the creditor and to the debtor not less than 2 days’ notice of the day so fixed.
(15) Where an order is made by the District Judge suspending a warrant of execution, the debtor may be ordered to pay the costs of the warrant and any fees or expenses incurred before its suspension and the order may authorise the sale of a sufficient portion of any goods seized to cover such costs, fees and expenses and the expenses of sale.
83.8.—(1) If the creditor or debtor serves notice on the enforcement agent or enforcement officer requiring reasonable information about the execution of a writ or warrant, the enforcement agent or enforcement officer must send such information to the creditor or debtor within 7 days of service of the notice.
(2) If the enforcement agent or enforcement officer fails to comply with the notice, the party who served the notice may apply to the court for an order directing the enforcement agent or enforcement officer to comply with the notice.
83.9.—(1) In this rule “the appropriate office” means—
(a)where the proceedings in which execution is to issue are in a District Registry, that Registry;
(b)where the proceedings are in the Principal Registry of the Family Division, that Registry;
(c)where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;
(d)in any other case, the Central Office of the Senior Courts.
(2) Issue of a writ of execution or control takes place on its being sealed by a court officer of the appropriate office.
(3) Before a writ is issued a request for its issue must be filed.
(4) The request must be signed—
(a)by the person entitled to execution, if acting in person; or
(b)by or on behalf of the solicitor of the person entitled to execution.
(5) The writ will not be sealed unless at the time it is presented for sealing—
(a)the person presenting the writ produces—
(i)the judgment or order on which the writ is to issue, or an office copy of it;
(ii)where permission was required for the writ to be issued, the order granting such permission or evidence of the granting of it;
(iii)where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978(16), evidence that the State has been served in accordance with rule 40.10 and that the judgment has taken effect; and
(b)the court officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act under the judgment or order has expired.
(6) Every writ of execution or control will bear the date of the day on which it is issued.
83.10.—(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—
(a)a writ of control;
(b)writ of delivery.
(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the writ as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
83.11.—(1) In this rule, “a writ relating to ecclesiastical property” means—
(a)a writ of fieri facias de bonis ecclesiasticis; or
(b)a writ of sequestrari de bonis ecclesiasticis.
(2) This rule applies where it appears upon the return of any writ of control that the person against whom the writ was issued—
(a)has no goods or chattels in the district of the relevant enforcement officer; but
(b)is the incumbent of a benefice named in the return.
(3) After the writ and return have been filed, the party by whom the writ of control was issued may issue a writ relating to ecclesiastical property.
(4) Any such writ must be directed and delivered to the bishop of the diocese within which that benefice is, to be executed by that bishop.
(5) The only fees allowed to the bishop or diocesan officer for the execution of the writ are those authorised by or under any enactment, including any measure of the General Synod.
83.12.—(1) This rule applies in relation to writs that do not confer a power to use the TCG procedure.
(2) A court order under paragraph 10 of Schedule 7 to the Courts Act 2003(17) that a sale of goods seized under an execution may be made otherwise than by public auction may be made on the application of—
(a)the person at whose instance the writ of execution under which the sale is to be made was issued;
(b)the person against whom that writ was issued (in this rule referred to as “the judgment debtor”); or
(c)if the writ was directed to one or more enforcement officers, the relevant enforcement officer.
(3) Such an application must be made in accordance with Part 23.
(4) Where the applicant for an order under this rule is not the enforcement officer, the enforcement officer must, on the demand of the applicant, send to the applicant a list, stating—
(a)whether the enforcement officer has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and
(b)so far as is known to the enforcement officer, the name and address of every creditor who has obtained the issue of another such writ of execution.
(5) Where the enforcement officer is the applicant, the enforcement officer must prepare such a list.
(6) Not less than 3 days before the hearing, the applicant must serve the application notice on each of the other persons by whom the application might have been made and on every person named in the list prepared under paragraph (4) or (5).
(7) Service of the application notice on a person named in the list prepared under paragraph (4) or (5) is notice to that person for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.
(8) The applicant must produce the list prepared under paragraph (4) or (5) to the court on the hearing of the application.
(9) Every person on whom the application notice was served may attend and be heard on the hearing of the application.
83.13.—(1) A judgment or order for the giving of possession of land may be enforced in the High Court by one or more of the following means—
(a)writ of possession;
(b)in a case in which rule 81.4 applies, an order of committal;
(c)in a case in which rule 81.20 applies, writ of sequestration.
(2) Subject to paragraphs (3), (5) and (6), a writ of possession to enforce a judgment or order for the giving of possession of any land will not be issued without the permission of the court.
(3) The court’s permission is not required for the issue of a writ of possession in a possession claim against trespassers under Part 55 unless the writ is to be issued after the expiry of three months from the date of the order.
(4) An application for permission under paragraph (3) may be made without notice being served on any other party unless the court orders otherwise.
(5) The courts’ permission to issue a writ of restitution in aid of a writ of possession is required whether or not permission was required for the writ of possession.
(6) The court’s permission is not required for the issue of a writ of possession to enforce a judgment or order for the giving of possession of any land where the judgment or order was given or made in 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.
(7) In paragraph (6) “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.
(8) Permission referred to in paragraph (2) will not be granted unless it is shown—
(a)that every person in actual possession of the whole or any part of the land (“the occupant”) has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief to which the occupant may be entitled; and
(b)if the operation of the judgment or order is suspended by section 16(2) of the Landlord and Tenant Act 1954(18), that the applicant has not received notice in writing from the tenant that the tenant desires that the provisions of section 16(2)(a) and (b) of that subsection shall have effect.
(9) 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.
83.14.—(1) 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 in the High Court by one or more of the following means—
(a)writ of delivery to recover the goods without alternative provision for recovery of the assessed value of those goods (“writ of specific delivery”);
(b)in a case in which rule 81.4 applies, an order of committal;
(c)in a case in which rule 81.20 applies, writ of sequestration.
(2) 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—
(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 rule 81.20 applies, writ of sequestration.
(3) An application for an order under paragraph (2)(b) must be made in accordance with Part 23, and must be served on the defendant against whom the judgment or order sought to be enforced was given or made.
(4) 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.
(5) 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.
(6) This rule applies to writs in aid of writs of delivery.
83.15.—(1) In this rule, “instalment order” means an order for payment of a sum of money by instalments.
(2) This rule applies in relation to—
(a)warrants of control; and
(b)warrants of delivery.
(3) A creditor may apply for a warrant to be issued by filing a request.
(4) A request for a warrant of control or delivery—
(a)may be made without notice; and
(b)must be made to—
(i)the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
(ii)the County Court hearing centre to which the proceedings have since been transferred.
(5) Subject to paragraph (4)(b)(ii), a request for a warrant of control to enforce a judgment or order made at the County Court Money Claims Centre must be made to that office.
(6) In the request, the creditor must certify—
(a)the amount remaining due under the judgment or order; and
(b)where the order made is an instalment order—
(i)that the whole or part of any instalment due remains unpaid; and
(ii)the amount for which the warrant is to be issued.
(7) The court officer may discharge the functions of the District Judge under section 85(2) of the County Courts Act 1984(19) of issuing a warrant.
(8) Unless an instalment order has been made and paragraphs (9) and (10) apply, any warrant issued must be issued for the whole of the sum of money and costs remaining unpaid, and may not be issued for part of the sum.
(9) Where the court has made an instalment order and default has been made in payment of an instalment, then subject to paragraph (10), a warrant of control may be issued for—
(a)the whole of the sum of money and costs then remaining unpaid; or
(b)for such part of the sum as the creditor may request, which must not be less than the greater of—
(i)£50; or
(ii)the amount of one monthly instalment or, as the case may be, four weekly instalments.
(10) Where an instalment order has been made, no warrant will be issued unless at the time when it is issued—
(a)the whole or part of an instalment which has already become due remains unpaid; and
(b)any warrant previously issued for part of the sum of money and costs has expired, been satisfied or abandoned.
83.16. The court may, on an application by a debtor who wishes to oppose a request for a warrant of control or warrant of delivery, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
83.17.—(1) Where it is desired to enforce by warrant of control or warrant of delivery—
(a)a judgment or order of the High Court; or
(b)a judgment, order, decree or award which is or has become enforceable as if it were a judgment of the High Court,
the request referred to in rule 83.15(3) may be filed in the County Court hearing centre which serves the address where execution is to be levied.
(2) Subject to paragraph (3), any restriction imposed by these rules on the issue of execution will apply as if the judgment, order, decree or award were a judgment or order of the County Court.
(3) Permission to issue execution will not be required if permission has already been given by the High Court.
(4) Notice of the issue of the warrant will be sent by the County Court to the High Court.
83.18.—(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—
(a)a warrant of control;
(b)a warrant of delivery.
(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the warrant as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
83.19.—(1) This rule applies where the creditor makes a request for a certificate of judgment under rule 40.14A(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.
(2) The grant of a certificate by the court will take effect as an order to transfer the proceedings to the High Court and the transfer will have effect on the grant of that certificate.
(3) On the transfer of proceedings in accordance with paragraph (2), the County Court will—
(a)give notice to the debtor or the person against whom the possession order was made that the proceedings have been transferred; and
(b)make an entry of the fact of transfer in the court records.
(4) In a case where a request for a certificate of judgment is made under rule 40.14A(1) for the purpose of enforcing a judgment or order in the High Court and any of the following proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined—
(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 rule 39.3(3) or rule 13.4;
(c)a request for an administration order; or
(d)an application for a stay of execution under section 88 of the County Courts Act 1984(20).
83.20.—(1) This rule applies where the enforcement agent responsible for the execution of a warrant of control is required by any provision of the Insolvency Act 1986(21) or any other enactment relating to insolvency to retain the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale.
(2) The enforcement agent will, as soon as practicable after the sale or the receipt of the money, send notice to the creditor and the court.
(3) Where the enforcement agent responsible for the execution of a warrant—
(a)receives notice that—
(i)a bankruptcy order has been made against the debtor; or
(ii)if the debtor is a company—
(aa)a provisional liquidator has been appointed; or
(bb)an order has been made or a resolution passed for the winding up of the company;
(b)withdraws from possession of goods seized; or
(c)pays over to—
(i)the official receiver or trustee in bankruptcy; or
(ii)if the debtor is a company, the liquidator,
the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale or seized or received in part satisfaction of the warrant,
the enforcement agent must send notice to the creditor and the court.
83.21.—(1) This rule applies if—
(a)any of the following warrants has been issued—
(i)a warrant of control;
(ii)any other warrant conferring the power to use the TCG procedure; or
(iii)a warrant of delivery; and
(b)the enforcement agent has reason to believe that the debtor is a farmer.
(2) If requested to do so by the court or enforcement agent, the creditor must provide the court or enforcement agent with an official certificate, dated not more than three days beforehand, of the result of a search at the Land Registry as to the existence of any charge registered against the debtor under the Agricultural Credits Act 1928(22).
(3) If the creditor fails to provide the official certificate referred to in paragraph (2) within 7 days of receipt of the request, the court, of its own motion or on the application of the enforcement agent, may order the creditor to provide the certificate.
83.22.—(1) This rule applies if any of the following warrants has been issued—
(a)a warrant of control;
(b)any other warrant conferring the power to use the TCG procedure; or
(c)a warrant of delivery.
(2) Where a creditor requests the court to withdraw the warrant, subject to the following paragraphs of this rule—
(a)the creditor will be treated as having abandoned the goods; and
(b)the court will mark the warrant as withdrawn by request of the creditor.
(3) Where the request is made in consequence of an application having been made under Part 85, the enforcement power ceases to be exercisable in respect of the goods claimed.
(4) If the court is requested by the creditor to suspend the warrant because of an arrangement with the debtor, the court will mark the warrant as suspended by request of the creditor and the creditor may subsequently apply to the court for it to be re-issued.
(5) Nothing in this rule will prejudice any right of the creditor to apply for the issue of a fresh warrant or will authorise the re-issue of a warrant which has been withdrawn or has expired or has been superseded by the issue of a fresh warrant.
83.23.—(1) In this rule “warrant of specific delivery” means a warrant to recover goods without alternative provision for recovery of their value.
(2) Except where an act or rule provides otherwise, a judgment or order for the delivery of any goods will be enforceable by warrant of delivery in accordance with this rule.
(3) If the judgment or order does not give the person against whom it was given or made the alternative of paying the value of the goods, it may be enforced by a warrant of specific delivery.
(4) If the judgment or order is for the delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.
(5) Where a warrant of delivery is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of delivery.
(6) Where—
(a)a judgment or order is given or made for the delivery of goods or payment of their value; and
(b)a warrant is issued to recover the goods or their value,
money paid into court under the warrant will be appropriated first to any sum of money and costs awarded.
83.24.—(1) This rule applies where—
(a)a warrant of delivery has been issued for the whole or part of a sum of money and costs; and
(b)the warrant does not confer power to use the TCG procedure.
(2) Unless the court orders otherwise, the enforcement agent—
(a)must serve the debtor with a notice warning of the warrant; and
(b)must not levy the warrant until at least 7 days after service of the notice.
(3) Upon levying execution of the warrant, the enforcement agent must leave notice of the warrant at the place where it has been executed.
(4) If the enforcement agent removes the goods, the enforcement agent must deliver or send to the debtor an inventory of the goods removed sufficient for the debtor to identify the goods.
(5) The inventory must be delivered or sent to the debtor within 7 days of the goods being seized by—
(a)delivery to the debtor personally;
(b)sending the inventory by post to the debtor’s place of residence; or
(c)where the debtor’s place of residence is not known, by leaving the inventory for, or sending it to, the debtor at the place from which the goods were removed.
(6) If the enforcement agent fails to supply an inventory in accordance with this rule, the debtor may make an application to the court using the procedure in Part 23, for an order requiring the enforcement agent to do so.
83.25.—(1) Where a warrant of delivery confers the power to use the TCG procedure, this rule applies in relation to the parts of the warrant that do not confer that power.
(2) Subject to paragraph (4), the enforcement agent must send a warning notice to the person against whom the warrant is issued not less than 7 clear days before the enforcement agent executes the warrant.
(3) Where the period referred to in paragraph (2) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating that period.
(4) The court may order that a specified shorter period of notice be given to the debtor.
(5) The enforcement agent may apply for the order by way of application under Part 23 and may make the application as part of an application under rule 84.4.
(6) Upon executing the warrant, the enforcement agent must give to the debtor or leave for the debtor at the place where the warrant is being executed, notice about the execution.
(7) As soon as reasonably practicable, and in any event within 7 days of execution of the warrant, the enforcement agent must provide the debtor with a written inventory of goods taken with a description of the goods to enable the debtor to identify the goods correctly.
(8) If the enforcement agent fails to provide—
(a)notice of execution under paragraph (6); or
(b)an inventory under paragraph (7) within 7 days of execution,
the debtor may make an application to the court under Part 23 for an order requiring the enforcement agent to supply the notice or inventory as appropriate.
(Regulations 6 and 30 to 33 of the TCG Regulations contain notice and inventory requirements that apply in relation to the use of the TCG procedure.)
83.26.—(1) A judgment or order for the recovery of land will be enforceable by warrant of possession.
(2) An application for a warrant of possession—
(a)may be made without notice; and
(b)must be made to—
(i)the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
(ii)the County Court hearing centre to which the proceedings have since been transferred.
(3) The court may, on an application by a debtor who wishes to oppose an application for a warrant of possession, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
(4) Without prejudice to paragraph (7), the person applying for a warrant of possession must file a certificate that the land which is subject of the judgment or order has not been vacated.
(5) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010(23).
(6) Where a warrant of possession is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of possession.
(7) In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify—
(a)the amount of money remaining due under the judgment or order; and
(b)that the whole or part of any instalment due remains unpaid.
(8) A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.
(9) An application for permission under paragraph (8) may be made without notice being served on any other party and must be supported by evidence of—
(a)wrongful re-entry into possession following the execution of the warrant of possession; and
(b)such further facts as would, in the High Court, enable the creditor to have a writ of restitution issued.
(10) A warrant of possession to enforce an order for possession in a possession claim against a trespasser under Part 55 (“a warrant of possession against a trespasser”) may be issued at any time after the date on which possession is ordered to be given.
(11) No warrant of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.
(12) Unless the court otherwise directs, an application for permission under paragraph (11) may be made without notice to any other party.
83.27. Nothing in rules 83.23 and 83.26 prejudices any power to enforce a judgment or order for the delivery of goods or the recovery of land by any order of committal.
83.28.—(1) This rule applies where a warrant issued for part of a sum of money and costs payable under a judgment or order is suspended on payment of instalments.
(2) Unless the court otherwise directs, the judgment or order will be treated as suspended on those terms as respects the whole of the sum of money and costs then remaining unpaid.
83.29. Two or more warrants of control may be issued concurrently for execution by two or more different enforcement agents, but—
(a)no more may be levied under all the warrants together than is authorised to be levied under one of them; and
(b)unless the court orders otherwise, the costs of more than one warrant will not be allowed against the debtor.
| SECTION I SCOPE AND INTERPRETATION | |
| 84.1 | Scope |
| 84.2 | Interpretation |
| SECTION II WHERE AND HOW TO MAKE APPLICATIONS | |
| 84.3 | Where and how to make applications |
| SECTION III TAKING CONTROL OF GOODS | |
| 84.4 | Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum period |
| 84.5 | Application to extend the period in which to take control of goods |
| 84.6 | Application to take control of goods during prohibited hours |
| 84.7 | Application to enter, re-enter or remain on premises otherwise than during permitted hours |
| 84.8 | Notice of intention to re-enter premises – application for notice period of less than the minimum period |
| 84.9 | Application for a warrant allowing reasonable force to enter premises – conditions to be satisfied before a warrant may be issued |
| 84.10 | Application for a warrant allowing reasonable force in relation to goods on the highway – conditions to be satisfied before a warrant may be issued |
| 84.11 | Application for sale otherwise than by public auction |
| 84.12 | Application in relation to disposal of abandoned goods |
| 84.13 | Application by the debtor for a remedy in relation to goods taken into control |
| 84.14 | Application by the enforcement agent for exceptional disbursements |
| 84.15 | Application where there is a dispute regarding a co-owner’s share of proceeds |
| 84.16 | Disputes about the amount of fees or disbursements recoverable under the Fees Regulations |
84.1. This Part contains rules in relation to enforcement by taking control of goods using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
84.2. In this Part—
(a)“the Act” means the Tribunals Courts and Enforcement Act 2007(24);
(b)“Schedule 12” means Schedule 12 to the Act(25);
(c)“creditor” has the meaning given in paragraph 1(6) of Schedule 12;
(d)“co-owner” has the meaning given in paragraph 3(1) of Schedule 12;
(e)“debtor” has the meaning given in paragraph 1(5) of Schedule 12;
(f)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
(g)“Fees Regulations” means the Taking Control of Goods (Fees) Regulations 2014(26);
(h)“TCG Regulations” means the Taking Control of Goods Regulations 2013(27);
(i)“writ of control” and “warrant of control” are to be construed in accordance with section 62(4) of the Act.
84.3.—(1) This rule sets out where and how applications referred to in this Part must be made.
(2) Applications referred to in this Part must be made in accordance with the procedure in Part 23 as modified by this Part.
(3) Where there are no pre-existing proceedings, an application referred to in this Part must be made to the County Court.
(4) Where there are pre-existing proceedings, the application must be made to the High Court or the County Court in accordance with rule 23.2.
84.4.—(1) This rule applies where a person seeks an order under regulation 6(3) of the TCG Regulations that a shorter notice period than the minimum period for taking control of goods set out in regulation 6(1) of those Regulations be given to the debtor.
(2) The person may make an application for the order.
(3) The application—
(a)may be made without notice; and
(b)must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
84.5.—(1) An application under regulation 9(4) of the TCG Regulations (application to extend the period in which to take control of goods) must be accompanied by—
(a)a witness statement made by the person making the application that no previous application under regulation 9(4) has been made to extend that period; and
(b)the applicant’s grounds for not taking control of goods of the debtor during the period specified in regulation 9(1).
(2) If—
(a)the application is made before the expiry of the period specified in regulation 9(1); and
(b)the court orders the period of extension,
the period of extension will start on the day after the expiry of the period specified in regulation 9(1), or on such later day as the court may order.
(3) If the court orders the period of extension—
(a)the applicant must serve a copy of the extension order on the debtor, and on the creditor, enforcement agent or enforcement officer as appropriate; and
(b)if the goods are to be taken into control by virtue of a warrant or writ of control, or of any other writ or warrant conferring the power to use the procedure in Schedule 12, the court will endorse on the warrant or writ a note of the extension.
84.6. An application by the enforcement agent under regulation 13(2)(a) of the TCG Regulations for an order allowing goods to be taken into control during hours prohibited by regulation 13(1) of those Regulations—
(a)may be made without notice; and
(b)must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
84.7. An application by the enforcement agent under regulation 22(5) of the TCG Regulations for an order allowing the enforcement agent to enter, re-enter or remain on premises at times other than those permitted by regulation 22(2), (3) or (4) of those Regulations-—
(a)may be made without notice; and
(b)must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
84.8.—(1) This rule applies where a person seeks an order under regulation 25(3) of the TCG Regulations that a shorter notice period than the minimum period for re-entering premises set out in regulation 25(1) of those Regulations be given to the debtor.
(2) The person may make an application for the order.
(3) The application—
(a)may be made without notice; and
(b)must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved to be disposed of, in order to avoid the enforcement agent inspecting or removing the goods.
84.9.—(1) This rule applies to an application by an enforcement agent for—
(a)the issue of a warrant under paragraph 15(1) of Schedule 12;
(b)the issue of a warrant under paragraph 20(2) of Schedule 12 allowing the use of reasonable force to enter premises; or
(c)the inclusion in a warrant power under paragraph 21(2) of Schedule 12 to use reasonable force to enter premises.
(2) Where the application is for the issue of a warrant under paragraph 15(1) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions in paragraph 15(2) of Schedule 12 are met.
(3) Where the application is for the issue of a warrant under paragraph 20(2) or 21(2) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions set out in regulation 28(2) of the TCG Regulations have been met.
84.10.—(1) This rule applies to an application by an enforcement agent for the issue of a warrant under paragraph 31(1) of Schedule 12 allowing the use of reasonable force in relation to goods on the highway.
(2) The enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions set out in regulation 29(2) of the TCG Regulations have been met.
84.11.—(1) This rule applies to an application by an enforcement agent for an order for sale otherwise than by public auction under paragraph 41(2) of Schedule 12 (“alternative sale application”).
(2) Where the enforcement agent has made a statement to the court under paragraph 41(4) of Schedule 12 (reason to believe that an enforcement power has become exercisable by another creditor against the debtor or co-owner), the alternative sale application must be accompanied by—
(a)a list of the name and address of every other creditor that the enforcement agent has reason to believe has an exercisable enforcement power against the debtor or co-owner and a explanation of why the enforcement agent has such a belief; and
(b)a copy of the notice of application required by paragraph 41(5) of Schedule 12 and proof that the notice has been served on such other creditors not less than 4 days before the day fixed for the hearing of the application.
(3) Every person to whom notice of the application was given may attend and be heard on the hearing of the application.
84.12.—(1) This rule applies to an application by the enforcement agent under regulation 47(5) of the TCG Regulations for an order for the disposal of goods abandoned by the debtor.
(2) If the enforcement agent applies for an order for disposal by way of donation to a charitable organisation or destruction of goods, the enforcement agent must explain in the application why the enforcement agent does not wish the goods to be made available for a further period of collection.
84.13.—(1) This rule applies where the debtor wishes to bring proceedings under paragraph 66 of Schedule 12(28) for—
(a)breach of a provision of Schedule 12; or
(b)enforcement action taken under a defective instrument.
(2) The debtor may bring proceedings by way of an application.
(3) The application must be accompanied by evidence of how—
(a)the provisions of Schedule 12 are alleged to have been breached; or
(b)the instrument is alleged to be defective.
84.14.—(1) This rule applies to an application by an enforcement agent for exceptional disbursements under regulation 10 of the Fees Regulations.
(2) The application must be accompanied by—
(a)evidence of the creditor’s consent to the application; and
(b)evidence that the disbursements to which the application relate are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including—
(i)the amount of the sum to be recovered; and
(ii)the nature and value of the goods which have been taken into control, or which it is sought to take into control.
(3) Where the application is made before the goods are taken into control, it may be made without notice.
84.15.—(1) This rule applies to an application under regulation 15 of the Fees Regulations to determine the amount of the proceeds payable to a co-owner.
(2) The applicant must file with the application—
(a)evidence of the enforcement power;
(b)a copy of the itemised list of goods sold or otherwise disposed of required by regulation 14(1)(a) of the Fees Regulations;
(c)a copy of the statement of the sum received in relation to each item required by regulation 14(1)(b)(i) of the Fees Regulations;
(d)a copy of the statement of the proceeds required by regulation 14(1)(b)(ii) of the Fees Regulations;
(e)a copy of the statement of the application of the proceeds required by regulation 14(1)(b)(iii) of the Fees Regulations;
(f)evidence that the share of proceeds paid to the co-owner was not proportionate to the co-owner’s interest in the goods sold.
(3) The applicant must serve a copy of the application notice in accordance with table 1.
| Applicant | Those to be served with a copy of the application notice |
|---|---|
| Co-owner | Any other co-owners; creditor; debtor; enforcement agent |
| Creditor | Co-owners; debtor; enforcement agent |
| Debtor | Co-owners; creditor; enforcement agent |
| Enforcement agent | Co-owners; creditor; debtor |
84.16.—(1) This rule applies where—
(a)there is a dispute about the amount of fees or disbursements, other than exceptional disbursements, recoverable under the Fees Regulations; and
(b)a party wishes the court to assess the amounts recoverable under regulation 16 of the Fees Regulations.
(2) A party may make an application to the court to assess the amounts.
(3) The application must be accompanied by—
(a)evidence of the amount of fees or disbursements in dispute;
(b)evidence that the fees or disbursements in dispute were not applicable, as the debt had been settled before the stage where it would have been necessary to incur those fees or expenses;
(c)evidence that, because the enforcement agent was instructed to use the TCG procedure in relation to the same debtor but in respect of more than one enforcement power where the enforcement powers could reasonably be exercised at the same time, regulation 11 of the Fees Regulations should have been applied;
(d)evidence that the fee due and any disbursements for the enforcement stage, first enforcement stage, or first and second enforcement stage, as appropriate, are not recoverable under regulation 12 of the Fees Regulations; or
(e)where the dispute concerns the amount of the percentage fee, calculated in accordance with regulation 7 of the Fees Regulations, evidence of the amount of the sum to be recovered.
| SECTION I SCOPE AND INTERPRETATION | |
| 85.1 | Scope |
| 85.2 | Interpretation |
| SECTION II MODE OF APPLICATIONS FOR CLAIMS UNDER THIS PART | |
| 85.3 | Mode of application for claims under this Part |
| SECTION III PROCEDURE FOR MAKING A CLAIM TO CONTROLLED GOODS | |
| 85.4 | Procedure for making a claim to controlled goods |
| 85.5 | Procedure for making a claim to controlled goods where the claim is disputed |
| SECTION IV PROCEDURE FOR MAKING A CLAIM AGAINST EXECUTED GOODS | |
| 85.6 | Procedure for making a claim against executed goods |
| 85.7 | Procedure for making a claim to executed goods where the claim is disputed |
| SECTION V PROCEDURE FOR A DEBTOR MAKING A CLAIM TO EXEMPT GOODS | |
| 85.8 | Procedure for a debtor making a claim to exempt goods |
| 85.9 | Procedure for making a claim to exempt goods where the claim is disputed |
| SECTION VI POWERS OF THE COURT HEARING AN APPLICATION UNDER THIS PART | |
| 85.10 | Directions and determinations of claims |
| 85.11 | Trial of issue |
| 85.12 | Costs |
85.1.—(1) This Part contains rules about claims on controlled goods and executed goods as follows—
(a)Section II sets out the mode of application for claims under this Part;
(b)Section III relates to the procedure for making claims to controlled goods;
(c)Section IV relates to the procedure for making claims against executed goods;
(d)Section V relates to the procedure for a debtor making a claim to exempt goods;
(e)Section VI relates to the powers of the court hearing any application under this Part.
(2) The rules in this Part apply where—
(a)a person makes an application to the court claiming that goods of which control has been taken belong to that person and not to the debtor;
(b)a person makes an application to the court claiming that goods, money or chattels taken or intended to be taken under a writ of execution or the proceeds or value of such goods or chattels belong to that person and not to the debtor; and
(c)a debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are intended to be taken under a writ of execution, claims that such goods or any of them are exempt goods.
85.2.—(1) In this Part—
(a)“the Act” means the Tribunals, Courts and Enforcement Act 2007(29);
(b)“claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;
(c)“a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;
(d)“claimant to controlled goods” means any person making a claim to controlled goods;
(e)“claimant to executed goods” means any person making a claim to executed goods;
(f)“the court” has the meaning given in paragraph 60(8) of Schedule 12(30), in respect of a claim to controlled goods;
(g)“debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;
(h)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
(i)“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003(31);
(j)“executed goods” means goods subject to a writ of execution;
(k)“exempt goods” —
(i)in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations(32); and
(ii)in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;
(l)“goods subject to enforcement” refers to either controlled goods or executed goods;
(m)“relevant enforcement officer” means—
(i)in relation to a writ of execution which is directed to a single enforcement officer, that officer; and
(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;
(n)“required payments” has the meaning given in paragraph 60(4) of Schedule 12(33);
(o)“Schedule 12” means Schedule 12 to the Act(34);
(p)“TCG Regulations” means the Taking Control of Goods Regulations 2013;
(q)“warrant of control” is to be construed in accordance with section 62(4) of the Act;
(r)“writ of control” is to be construed in accordance with section 62(4) of the Act;
(s)“writ of execution” includes—
(i)a writ of possession;
(ii)a writ of delivery;
(iii)a writ of sequestration;
(iv)writs relating to ecclesiastical property, namely—
(aa)a writ of fieri facias de bonis ecclesiasticis;
(bb)a writ of sequestrari de bonis ecclesiasticis,
and any further writ in aid of any such writs, but does not include a writ of control;
(t)the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—
(i)“creditor”;
(ii)“debt”;
(iii)“debtor”;
(iv)“enforcement power”;
(u)the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12(35)—
(i)“control”;
(ii)“controlled goods”;
(iii)“co-owner”;
(iv)“disposal”;
(v)“interest”;
(vi)“money”;
(vi)“premises”;
(vii)“securities”.
85.3. Any claim under this Part must be made by an application in accordance with Part 23.
85.4.—(1) Any person making a claim under paragraph 60(1) of Schedule 12 must, as soon as practicable but in any event within 7 days of the goods being removed under the exercise of an enforcement power, give notice in writing of their claim to the enforcement agent who has taken control of the goods (“the notice of claim to controlled goods”) and must include in such notice—
(a)their full name and address, and confirmation that such address is their address for service;
(b)a list of all those goods in respect of which they make such a claim; and
(c)the grounds of their claim in respect of each item.
(2) On receipt of a notice of claim to controlled goods which complies with paragraph (1) the enforcement agent must within 3 days give notice of such claim to—
(a)the creditor; and
(b)any other person making a claim to the controlled goods under paragraph (1) (“any other claimant to the controlled goods”);
(3) The creditor, and any other claimant to the controlled goods, must, within 7 days after receiving the notice of claim to controlled goods, give notice in writing to the enforcement agent informing them whether the claim to controlled goods is admitted or disputed in whole or in part.
(4) The enforcement agent must notify the claimant to the controlled goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to controlled goods is admitted or disputed in whole or in part.
(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods is not liable to the enforcement agent for any fees and expenses incurred by the enforcement agent after receipt of that notice by the enforcement agent.
(6) If an enforcement agent receives a notice from a creditor under paragraph (3) admitting a claim to controlled goods the following applies—
(a)the enforcement power ceases to be exercisable in respect of such controlled goods; and
(b)as soon as reasonably practicable the enforcement agent must make the goods available for collection by the claimant to controlled goods if they have been removed from where they were found.
(7) Where the creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent may seek—
(a)the directions of the court by way of an application; and
(b)an order preventing the bringing of any claim against them for, or in respect of, their having taken control of any of the goods or having failed so to do.
85.5.—(1) Where a creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, gives notice under rule 85.4(3) that the claim to controlled goods, or any part of it, is disputed, and wishes to maintain their claim to the controlled goods, the following procedure will apply.
(2) The claimant to controlled goods must make an application 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 their claim to the controlled goods is based; and
(b)copies of any supporting documents that will assist the court to determine the claim.
(3) In the High Court the claimant to controlled goods must serve the application notice and supporting witness statements and exhibits on—
(a)the creditor;
(b)any other claimant to controlled goods of whom the claimant to controlled goods is aware; and
(c)the enforcement agent.
(4) In the County Court when the application is made the claimant to controlled goods must provide to the court the addresses for service of—
(a)the creditor;
(b)any other claimant to controlled goods of whom the claimant to controlled goods is aware; and
(c)the enforcement agent,
(“the respondents”), and the court will serve the application notice and any supporting witness statement and exhibits on the respondents.
(5) An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of the controlled goods, or, if the power was conferred under an enactment, to the debtor’s home court.
(6) The claimant to controlled goods must make the required payments on issue of the application in accordance with paragraph 60(4)(a) of Schedule 12(36), unless such claimant seeks a direction from the court that the required payment be a proportion of the value of the goods, in which case they must seek such a direction immediately after issue of the application, on notice to the creditor and to the enforcement agent.
(7) The application notice will be referred to a Master or District Judge.
(8) On receipt of an application for a claim to controlled 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)determine the amount of the required payments, make directions or list a hearing to determine any issue relating to the amount of the required payments or the value of the controlled goods;
(e)stay, or dismiss, the application if the required payments have not been made;
(f)make directions for the retention, sale or disposal of the controlled goods;
(g)give directions for determination of any issue raised by a claim to controlled goods.
85.6.—(1) A claimant to executed goods must, as soon as practicable but in any event within 7 days of the goods being removed by the enforcement officer, give notice in writing of their claim to the relevant enforcement officer (“the notice of claim to executed goods”) and must include in such notice—
(a)their full name and address, and confirmation that such address is their address for service;
(b)a list of all those goods in respect of which they make such a claim; and
(c)the grounds of their claim in respect of each item.
(2) On receipt of a notice of claim to executed goods which complies with paragraph (1) the enforcement officer must within 3 days give notice of such claim to—
(a)the creditor; and
(b)any other person making a claim to the executed goods under paragraph (1) (“any other claimant to the executed goods”).
(3) The creditor, and any other claimant to executed goods, must, within 7 days after receiving the notice of claim to the executed goods, give notice in writing to the enforcement officer informing them whether the claim to the executed goods is admitted or disputed in whole or in part.
(4) The enforcement officer must notify the claimant to executed goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to executed goods is admitted or disputed in whole or in part.
(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to executed goods is not liable to the enforcement officer for any fees and expenses incurred by the enforcement officer after receipt of that notice by the enforcement officer.
(6) If an enforcement officer receives a notice from a creditor under paragraph (3) admitting a claim to executed goods the following applies—
(a)the writ of execution ceases to be exercisable in respect of such executed goods; and
(b)as soon as reasonably practicable the enforcement officer must make the goods available for collection by the claimant to executed goods if the enforcement officer has removed the goods from where they were found.
(7) Where the creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement officer may seek—
(a)the directions of the court by way of an application; and
(b)an order preventing the bringing of any claim against them for, or in respect of, the seizure of the executed goods or their having failed so to do.
(8) An application under paragraph (7) must be made to the court which issued the writ of execution.
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.)
85.8.—(1) A debtor making a claim to exempt goods must, as soon as practicable and in any event within 7 days of the removal of the goods, give notice in writing of the claim to exempt goods (“notice of claim to exempt goods”) to the enforcement agent who has taken control of the goods or relevant enforcement officer and must include in such notice—
(a)their full name and address and that address is their address for service;
(b)a list of all those goods in respect of which they make such a claim; and
(c)the grounds of the claim in respect of each item.
(2) On receipt of a notice of claim to exempt goods, the enforcement agent or relevant enforcement officer must within 3 days give notice of such claim to—
(a)the creditor; and
(b)any other person making a claim under rule 85.4 or 85.6 to the goods subject to enforcement (“any other claimant to the goods subject to enforcement”).
(3) The creditor, and any other claimant to the goods subject to enforcement, must, within 7 days after receiving the notice of claim to exempt goods, give notice in writing to the enforcement agent or relevant enforcement officer informing them whether the claim to exempt goods is admitted or disputed in whole or in part.
(4) The enforcement agent or relevant enforcement officer must notify the debtor in writing within 3 days of receiving the notice in paragraph (3) whether the claim to exempt goods is admitted or disputed in whole or in part.
(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods or to executed goods is not liable to the enforcement agent or officer for any fees and expenses incurred by the enforcement agent or officer after receipt of that notice by the enforcement agent or officer.
(6) If an enforcement agent or relevant enforcement officer receives a notice from a creditor and from any other claimant to the goods subject to enforcement under paragraph (3) admitting a claim to exempt goods the following applies—
(a)the enforcement power ceases to be exercisable, and the right to execute conferred by any writ of execution ceases to have effect, in respect of such exempt goods;
(b)as soon as reasonably practicable the enforcement agent or relevant enforcement officer must make the goods available for collection by the debtor if the enforcement agent or officer has removed them from where they were found.
(7) Where the creditor, or any other claimant to the goods subject to enforcement to whom notice of claim to exempt goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent or relevant enforcement officer may seek—
(a)the directions of the court by way of an application; and
(b)an order preventing the bringing of any claim against them for, or in respect of, their having taken control of or seized by execution any of the goods or their having failed to do so.
(8) An application under paragraph (7) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods, or the writ of execution or, if the power to take control of controlled goods was conferred under an enactment, to the County Court hearing centre which is the debtor’s home court.
85.9.—(1) Where a creditor, or any other claimant to goods subject to enforcement to whom notice of a claim to exempt goods was given, gives notice under rule 85.8 that the claim to exempt goods, or any part of it, is disputed, and wishes to maintain their claim on the goods subject to enforcement, the following procedure will apply.
(2) The debtor must make an application within 7 days of receiving the notice under rule 85.8(3) which must be supported by—
(a)a witness statement—
(i)describing any goods to which a claim to exempt goods is made; and
(ii)setting out the grounds upon which such claim is based; and
(b)copies of any supporting documents that will assist the court to determine such claim.
(3) In the High Court the debtor must serve the application notice and supporting witness statements and exhibits on—
(a)the creditor;
(b)any other claimant to the goods subject to enforcement of whom they are aware; and
(c)the enforcement agent or relevant enforcement officer.
(4) In the County Court the debtor must provide to the court when the application is made the addresses for service of—
(a)the creditor;
(b)any other claimant to controlled goods of whom the debtor is aware; and
(c)the enforcement agent,
(“the respondents”), and the court will serve the application notice and supporting witness statements and exhibits on the respondents.
(5) An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods or the writ of execution or if the power to take control of controlled goods was conferred under an enactment, to the debtor’s home court.
(6) The application notice will be referred to a Master or District Judge.
(7) On receipt of an application for a claim to exempt goods, the Master or District Judge may—
(a)give directions for further evidence;
(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 goods subject to the claim to exempt goods;
(e)give directions for determination of any issue raised by the exempt goods claim.
85.10.—(1) At any hearing of any application under this Part the court may—
(a)determine an application summarily; or
(b)give directions for the determination of any issue raised by such application;
(c)order that any issue between any parties to a claim to goods subject to enforcement be stated and tried, and give all necessary directions for trial;
(d)give directions for the purpose of determining the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12 and regulation 49 of the TCG Regulations;
(e)summarily determine the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12(37) and regulation 49 of the TCG Regulations(38);
(f)make directions for the retention, sale or disposal of goods subject to enforcement and for the payment of any proceeds of sale; or
(g)make any order that the court considers appropriate.
(2) Where a claimant to goods subject to enforcement or a debtor making a claim to exempt goods does not appear at any hearing listed on the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the court may make an order declaring such claimant, or the debtor, and all persons claiming under them, for ever barred from prosecuting their claim against the creditor or any other claimant to the goods subject to enforcement, but such an order will not affect the rights of any other claimants to the goods subject to enforcement as between themselves.
(3) Where a claimant to goods subject to enforcement alleges that they are entitled, under a bill of sale or otherwise, to the controlled goods or to the executed goods by way of security for debt, the court may order those goods or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.
(4) Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.
85.11.—(1) Part 39 will, with the necessary modifications, apply to the trial of an issue in an application under this Part as it applies to the trial of a claim.
(2) The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the application.
(3) Practice Direction 2B applies to the trial of an issue in an application under this Part.
85.12.—(1) The court may in or for the purposes of any application under this Part make such order as to costs as it thinks just.
(2) Where a claimant to goods subject to enforcement or a debtor in a claim to exempt goods fails to appear at a hearing, the court may direct that the enforcement agent’s or officer’s costs and creditor’s costs will be assessed by a Master, District Judge, Costs judge or Costs officer.
(3) In a claim to controlled goods a debtor may request the court to assess the costs incurred by an enforcement agent, in which case the court will apply the Taking Control of Goods (Fees) Regulations 2014(39) to such assessment.
(4) In a claim to executed goods a debtor may request the court to assess the costs incurred by an enforcement officer, in which case the court will apply Schedule 3 of the High Court Enforcement Officers Regulations 2004(40) to such assessment, save in relation to the costs of execution of writs of sequestration and writs relating to ecclesiastical property.
| 86.1 | Scope of this Part and interpretation |
| 86.2 | Stakeholder application |
| 86.3 | Powers of the court hearing a stakeholder application |
| 86.4 | Trial of issue |
| 86.5 | Costs |
86.1.—(1) This Part contains rules which apply where—
(a)a person is under a liability in respect of a debt or in respect of any money, goods or chattels; and
(b)competing claims are made or expected to be made against that person in respect of that debt or money or for those goods or chattels by two or more persons.
(2) In this Part—
(a)“stakeholder” means any person to whom paragraph (1) applies;
(b)“stakeholder application” means an application made under rule 86.2(1).
86.2.—(1) A stakeholder may make an application to the court for a direction as to whom the stakeholder should—
(a)pay a debt or money; or
(b)give any goods or chattels.
(2) Such application must be made to the court in which an existing claim is pending against the stakeholder, or, if no claim is pending, to the court in which the stakeholder might be sued.
(3) A stakeholder application must be made by Part 8 claim form unless made in an existing claim, in which case it must be made by application notice in accordance with Part 23.
(4) A claim form or application notice under this rule must be supported by a witness statement stating that the stakeholder—
(a)claims no interest in the subject-matter in dispute other than for charges or costs;
(b)does not collude with any of the claimants to that subject-matter; and
(c)is willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct.
(5) The stakeholder must serve the claim form or application notice on all other persons who, so far as they are aware, asserts a claim to the subject matter of the stakeholder application.
(6) A respondent who is served with a claim form or application notice under this rule must within 14 days file at court and serve on the stakeholder a witness statement specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
(7) The claim form or application notice will be referred to a Master or a District Judge.
86.3.—(1) At any hearing in a stakeholder application, the court may—
(a)order that any stakeholder or any claimant to the subject matter of the application be made a defendant in any claim pending with respect to the subject-matter in dispute;
(b)order that an issue between all parties be stated and tried and may direct which of the parties is to be claimant and which defendant, and give all necessary directions for trial;
(c)determine the stakeholder application summarily;
(d)give directions for the determination of the application summarily or of any issue on the application; or
(e)give directions for the retention, sale or disposal of the subject matter of the application, and for the payment of any proceeds of sale.
(2) Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.
86.4.—(1) Part 39 will, with the necessary modifications, apply to the trial of a preliminary issue directed to be tried in a stakeholder application as it applies to the trial of a claim.
(2) The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the stakeholder application.
86.5.—(1) The court may in or for the purposes of any stakeholder application make such order as to costs or any other matter as it thinks just.
(2) Where a respondent fails to appear at the hearing, the court may direct that the stakeholder’s costs shall be summarily assessed.”
(This note is not part of the Rules)
These Rules make the following amendments to the Civil Procedure Rules 1998 (CPR)—
A series of amendments to give effect to, and which are consequential upon, the implementation of the single County Court on the coming into force of provisions in Section 17 of, and Schedule 9 to, the Crime and Courts Act 2013 (c. 22) (“the 2013 Act”). In particular, these Rules:
make consequential amendments throughout the CPR to reflect, not only the implementation of the single County Court, but also the renaming of individual county courts as “County Court hearing centres” and that, in many instances, proceedings in the County Court will not be “transferred” (generally a judicial function) between hearing centres but will now be “sent” from one hearing centre to another as an administrative procedure. References to “district judge” and “circuit judge” have been amended to “District Judge” and “Circuit Judge” respectively to ensure consistency throughout the CPR;
amend Part 2 by amending the definition of “defendant’s home court” and substituting the term “preferred hearing centre” for “preferred court” as well as defining that term;
amend Parts 8, 23, 55, 56, and 65, to specify the circumstances in which proceedings subject those provisions may be started in any County Court hearing centre, or, alternatively, are required to be started at a particular hearing centre, and the circumstances in which proceedings may be transferred;
amend rule 26.2A, which previously only applied to claims made at the County Court Money Claims Centre (“CCMCC”), so that all County Court money claims will be subject to the transfer provisions in that rule. A similar amendment has been made to rule 12.5A, which concerns the transfer of money claims to another hearing centre following a request for judgment. In consequence of the amendments to 26.2A, Part 2 has been further amended to remove the term “designated money claim”, since the term is no longer required to ensure that rule 26.2A operates correctly. Because the CCMCC is not a hearing centre, but an office of the County Court, the earlier amendments to the CPR in rules 3.5A, 13.4 and 14.7A, which make provision for claims to be transferred out of the CCMCC, have been retained, but have been amended to take account of other amendments referred to in this paragraph. Rule 26.2 will now apply exclusively to specified money claims in the High Court;
amend rule 26.3, so that rule 26.3(7A), which concerns the procedure where a party fails to comply with the requirements of a notice of proposed allocation, and which previously only applied to claims in the CCMCC, will apply to all County Court money claims.
amend Part 30 with regard to the transfer of proceedings within the County Court and, in particular, removes rule 30.2(2) which makes provision in respect of proceedings started in the wrong county court;
make consequential amendments to Parts 70 to 75 and CCR Order 27 to give effect to the implementation of the single County Court; and
amend various rules to make them gender neutral.
A further amendment to Part 26, by inserting new rules 26.4A and 26.5(2A), to formalise in the CPR the procedure in Practice Direction 51I - the Second Mediation Service Pilot Scheme - for referring money claims, which would normally be allocated to the small claims track, to the Mediation Service, following the conclusion of the Pilot Scheme on 31st March 2014.
An amendment to rule 42.1 to clarify that Part 42 applies not only to solicitors, but to any legal representative who falls within the definition of “solicitor” under rule 6.2(d).
An amendment to rule 45.30(2), to correct an earlier omission.
The insertion of new rule 52.21, which requires the grant of permission by the High Court in respect of appeals from determinations and directions by the Pensions Ombudsman and the Pension Protection Fund Ombudsman.
An amendment to rule 63.14(2) to enable service of a claim form relating to a registered right to be effected on a UK address for service, whether the right is registered at an address for service given for that right in the Patent Office register or the Office for Harmonisation in the Internal Market (Trade Marks and Designs) register.
A series of amendments to implement Part 3 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”), and to incorporate into the body of the CPR rules on enforcement contained in Schedules 1 and 2 to the CPR, in particular—
The introduction of new Part 83 – Writs and Warrants – General Provisions – which consolidates and updates most High Court and County Court rules on enforcement contained in Schedules 1 and 2 to the CPR, taking into account the changes to enforcement brought about by the 2007 Act;
The introduction of new Part 84 – Enforcement by Taking Control of Goods – which contains new specific provisions in relation to taking control of goods under Part 3 of and Schedule 12 to the 2007 Act;
The introduction of new Part 85 – Claims on Controlled Goods and Executed Goods – which contains rules in relation to—
claims to goods subject to a writ of execution; and
claims by a debtor in relation to goods that are exempt goods (goods exempt from being taken into control or executed against).
The rules in Part 85 take account of provisions on taking control of goods under Part 3 of, and Schedule 12 to, the 2007 Act, and replace provisions in RSC Order 17 – Interpleader and CCR Order 33 – Interpleader Proceedings.
The introduction of new Part 86 – Stakeholder Claims and Applications – which contains rules that apply where a person is under a liability in relation to a debt or goods etc, and two or more competing claims are made or expected to be made against that person in relation to the debt or goods etc. The rules in Part 86 replace provisions in RSC Order 17 – Interpleader and CCR Order 33 – Interpleader Proceedings.
The introduction of a number of provisions into the CPR to replace various enforcement Scheduled rules, that were not included in Parts 83 to 86, in particular—
new rule 40.8A (replacing RSC Order 45 rule 11);
new rule 40.9A (replacing CCR Order 22 rule 10);
new rule 40.13A (replacing CCR Order 22 rule 11);
new rule 40.14A (replacing CCR Order 22 rule 8);
new rule 40.14B (replacing CCR Order 22 rule 13); and
new rule 70.2A (replacing RSC Order 45 rule 8).
Various amendments consequential on the introduction of Parts 83 to 86 and the consolidation of most enforcement provisions from Schedules 1 and 2 of the CPR into the body of the CPR, including—
amendments to rules 21.1, 74.2, 75.1 and 75.6 to 10;
omission of superseded enforcement Scheduled rules (RSC Orders 17, 45 to 47 and 113; and CCR Orders 22, 24 to 26 and 33); and
amendments to CCR Orders 27 and 28.
1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 and Schedule 18, Part 2.
2013 c.22. Section 17 was commenced for some purposes by S.I. 2013/1752.
S.I. 1998/3132, amended by section 59(5) of, and paragraph 1(2) of Schedule 11 to, the Constitutional Reform Act 2005 (c.4). There are relevant amendments in S.I. 1999/1008, 2000/221, 2000/940, 2000/1317, 2000/2092, 2001/256, 2001/1388, 2001/2792, 2001/4015, 2002/2058, 2002/3219, 2003/1242, 2003/2113, 2003/3361, 2004/1306, 2004/2072, 2004/3419, 2005/2292, 2005/3515, 2006/1689, 2006/3132, 2006/3435, 2007/1655, 2007/2204, 2007/3543, 2008/2178, 2008/3327, 2009/2092, 2009/3131, 2009/3390, 2010/621, 2010/1953, 2011/88, 2011/1043, 2011/1045, 2011/3103, 2012/505, 2012/2208, 2013/262, 2013/515, 2013/1412, 2013/1571, 2013/1695, 2013/1974 and 2013/3112.
2007 c.15. Schedule 12 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, paragraph 52(1)(b) and (2).
1984 c.28. Section 72 is amended by the Crime and Courts Act 2013 (c.22), section 17(5), and Schedule 9, Part 1, paragraph 10(1)(b).
1984 c.28. Section 42 was substituted by the Courts and Legal Services Act 1990 (c.41), section 2(3), and is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 1, paragraph 10(1)(b).
Section 12(2) was amended by the Courts and Legal Services Act 1990 (c.41), section 125 and Schedule 18, paragraph 42, and is further amended by the Crime and Courts Act 2013 (c.22) section 17(5) and Schedule 9, Part 1, paragraphs 1, 7(1) and (3).
1981 c.54. Section 39 is amended by the Crime and Courts Act 2013 (c.22) section 17(6) and Schedule 10, Part 2, paragraphs 54 and 59.
2013 c.22. Section 17 was commenced for some purposes by S.I. 2013/1752.
2003 c.39. Schedule 7 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 308 and 351; the Tribunals, Courts and Enforcement Act 2007, section 62(3), 140, and 146 and Schedule 13, paragraphs 148 and 151 and Schedule 23, Part 3; and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 2, paragraph 40.
Schedule 12 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, paragraph 52(1)(b) and (2).
1951 c.65. Section 2 has been amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, Part V; the Children Act 1989 (c.41), section 108(5) and (6) and Schedule 13, paragraph 12 and Schedule 14, paragraph 1; the Tribunals, Courts and Enforcement Act 2007 (c.15), section 62(3) and Schedule 13, paragraph 24; and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 52(1)(b) and (2).
1984 c.28. Section 85(2) was amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 62(3) and Schedule 13, paragraphs 68 and 69 and is further amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 1, paragraph 10(1)(b).
Schedule 12 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 52(1)(b) and (2).
Paragraph 66 of Schedule 12 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 19, paragraph 52(1)(b) and (2).
Paragraph 60(8) of Schedule 12 is amended by the Crime and courts Act 2013 (c.22), section 17(5) and Schedule 19, paragraph 52(1)(b) and (2).
Paragraph 60 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 52.
2007 c.15. Schedule 12 was amended by the Finance Act 2008 (c.9), section 129, Schedule 129, section 43, Part 1 paragraph 10 and is further amended by the Crime and Courts Act 2013, sections 17(5), and 25 and Schedule 9, Part 3, paragraph 52.
Paragraph 3 is amended by the Crime and Courts Act 2013 (c.22) section 17(5) and Schedule 9, Part 3, paragraph 52.
2007 c.15. Paragraph 60 is amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 52.
2007 c.15. Paragraph 60 is amended by the Crime and Courts Act 2013 (c.22) section 17(5) and Schedule 9, Part 3, paragraph 52.