The Civil Procedure Rules 1998

[F1 SECTION II E+W Writs and Warrants

Textual Amendments

F1 Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants E+W

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 [F2 (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money)]; F3 ...

(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[F4 ; or

(g) an application is made for a writ of sequestration.

(Rule 83.14A makes provision for applications for permission to issue a writ of sequestration.)]

(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.

[F5 (7A) Where—

(a) the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control (“the permission order”); and

(b) the writ is not issued within one year after the date of the permission order,

the permission order will cease to have effect.

(7B) Where a permission order has ceased to have effect, the court may grant a fresh permission order.]

(8) Paragraph (3) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 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.

Textual Amendments

F2 Words in rule 83.2(3)(e) inserted (1.10.2018) by The Civil Procedure (Amendment No. 3) Rules 2018 (S.I. 2018/975), rules 1(1), 8

F3 Word in rule 83.2(3)(e) omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(3) (with rule 2)

F4 Rule 83.2(3)(g) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(4) (with rule 2)

F5 Rule 83.2(7A)(7B) inserted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 17 (with rule 25)

Application for permission to issue a writ of sequestration E+W

F6 83.2A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Rule 83.2A revoked (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(5) (with rule 2)

Writs and warrants other than those conferring a power to use the TCG procedure – duration and priority E+W

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.

Writs and warrants conferring a power to use the TCG procedure – duration and priority E+W

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.

Writs and warrants – separate enforcement of costs E+W

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.

[F7 Writs and warrants – levying execution on certain days E+W

83.6.— (1) This rule applies to writs and warrants other than—

(a) writs of control;

(b) warrants of control; and

(c) writs or warrants in relation to an Admiralty claim in rem.

(2) Where a writ or warrant is not a writ of control or warrant of control but nevertheless confers the power to use the TCG procedure, this rule applies to the parts of the writ or warrant that do not confer the power to use the TCG Procedure.

(3) 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.]

Textual Amendments

F7 Rule 83.6 substituted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 13(a)

Writs of control and warrants – power to stay execution or grant other relief E+W

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.

Writs and warrants – information about execution of the writ or warrant E+W

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.

[F8 Notice of execution of writs and warrants of possession E+W

83.8A.— (1) This rule applies to—

(a) writs of possession; and

(b) warrants of possession,

other than writs and warrants excluded by paragraph (6).

[F9 (2) Subject to paragraph (5)—

(a) a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but

(b) if full execution of the writ or warrant has not taken place on the day specified in a notice of eviction delivered pursuant to sub-paragraph (a) relating to the writ or warrant, a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed.]

(3) The notice of eviction referred to in paragraph (2) must—

(a) be addressed to—

(i) all persons against whom the possession order was made; and

(ii) “any other occupiers”; and

(b) be in the form prescribed by Practice Direction 83.

(4) The notice of eviction must be delivered by—

(a) inserting it through the letter box in a sealed transparent envelope; or

(b) if that is not practicable—

(i) attaching a copy to the main door or some other part of the land so that it is clearly visible; or

(ii) if that is not practicable, placing stakes in the land in places where they are clearly visible and attaching to each stake a copy of the notice in a sealed transparent envelope.

(5) The court may—

(a) dispense with the requirement to deliver a notice of eviction; or

(b) extend or shorten the time by which a notice of eviction must be delivered,

but may not exercise its powers under sub-paragraph (b) so as to postpone the date of execution of any writ or warrant of possession beyond the last date permitted for that purpose by or under any enactment.

(6) This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers, other than possession orders against persons who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.]]

Textual Amendments

F8 Rule 83.8A inserted (20.9.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(3), 16(1) (as amended by S.I. 2020/889, rule 3(a))

F9 Rule 83.8A(2) substituted (7.8.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(2), 12