The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 83 E+W Writs and Warrants – General Provisions

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)

Modifications etc. (not altering text)

C1 Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)

SECTION III E+W Writs

Enforcement in the High Court of a judgment or order for delivery of goods E+W

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”);

[F2 (b) proceedings for contempt of court under Part 81;]

[F3 (c) where no such proceedings are brought, by a 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;

[F4 (c) proceedings for contempt of court under Part 81;]

(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.]

Textual Amendments

F2 Rule 83.14(1)(b) substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 16(3)(a)(i)

F3 Rule 83.14(1)(c) substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 16(3)(a)(ii)

F4 Rule 83.14(2)(c) substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 16(3)(b)