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The Civil Procedure Rules 1998

Enforcement of judgment for delivery of goodsE+W

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

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

(b)in a case in which [F1rule 81.4] applies, an order of committal;

(c)[F2in a case in which rule 81.20 applies], writ of sequestration.

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

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

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

(c)in a case in which [F3rule 81.20] applies, writ of sequestration.

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

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

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

Textual Amendments

F1Words in Sch. 1 RSC Order 45 rule 4(1)(b) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(ii)(aa) (with rule 20)

F2Words in Sch. 1 RSC Order 45 rule 4(1)(c) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(ii)(bb) (with rule 20)

F3Words in Sch. 1 RSC Order 45 rule 4(2)(c) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 18(a)(iii) (with rule 20)

Modifications etc. (not altering text)

C1Sch. 1 RSC Order 45 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)