The Civil Procedure Rules 1998

[F1 Creditor’s request for transfer to the High Court for enforcement E+W

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 [F2 to set aside or vary the judgment];

(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.]

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)

F2 Words in rule 83.19(4)(b) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(7)