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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

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(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.

Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer

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.

Warrant of control or warrant of delivery – execution of High Court judgment

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.

Warrants of control and warrants of delivery – description of parties

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]”.

Creditor’s request for transfer to the High Court for enforcement

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 to set aside or vary the judgment;

(d) an application for a stay of execution under section 88 of the County Courts Act 1984.

Warrants of control – bankruptcy or winding up of debtor

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 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

(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.

Warrants where the debtor is a farmer

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.

(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.

Warrants – withdrawal and suspension of warrant at creditor’s request

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

(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.

Warrants of delivery

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.

Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements

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.

Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements

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.)

Warrants of possession

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.

(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.

Saving for enforcement by committal

83.27

Nothing in rules 83.23 and 83.26 prejudices any right to bring contempt proceedings under Part 81.

Suspension of part warrant

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.

Concurrent warrants

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.

PART 84 — ENFORCEMENT BY TAKING CONTROL OF GOODS

	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

SECTION I — Scope and Interpretation

Scope

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.

Interpretation

84.2

In this Part—

(a) “the Act” means the Tribunals Courts and Enforcement Act 2007;

(b) “Schedule 12” means Schedule 12 to the Act;

(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;

(h) “TCG Regulations” means the Taking Control of Goods Regulations 2013;

(i) “writ of control” and “warrant of control” are to be construed in accordance with section 62(4) of the Act.

SECTION II — Where and How to make Applications

Where and how to make applications

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.

SECTION III — Taking Control of Goods

Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum period

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.

Application to extend the period in which to take control of 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.

Application to take control of goods during prohibited hours

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.

Application to enter, re-enter or remain on premises otherwise than during permitted hours

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.

Notice of intention to re-enter premises – application for notice period of less than the minimum period

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.

Application for a warrant to enter premises – conditions to be satisfied before a warrant may be issued

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

(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.

Application for a warrant allowing reasonable force in relation to goods on the highway – conditions to be satisfied before a warrant may be issued

84.10

(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.

Application for sale otherwise than by public auction

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.

Application in relation to disposal of abandoned goods

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.

Application by the debtor for a remedy in relation to goods taken into control

84.13

(1) This rule applies where the debtor wishes to bring proceedings under paragraph 66 of Schedule 12 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.

Application by the enforcement agent for exceptional disbursements

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

Disputes about the amount of fees or disbursements recoverable under the Fees Regulations

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 IV — Proceedings in relation to certificates under section 64 of the 2007 Act

Interpretation

84.17

In this Section—

(a) “Certification Regulations” means the Certification of Enforcement Agents Regulations 2014;

(b) “applicant”, “certificate”, “certificated person” and “complainant” have the meanings given in regulation 2 of the Certification Regulations.

Application for issue of a certificate under section 64 of the 2007Act

84.18

(1) This rule applies to an application for the issue of a certificate under section 64 of the 2007 Act.

(2) The application must be made to the Civil National Business Centre, using the approved form.

(3) The application must specify one of the County Court hearing centres listed in Practice Direction 84 as the centre at which the application is to be heard.

(4) The application must, in addition to the matters specified in rule 23.6, provide evidence that the applicant fulfils the requirements of regulation 3(b) of the Certification Regulations, and in particular—

(a) the application must be accompanied by the documents specified in Practice Direction 84; and

(b) the additional documents specified in Practice Direction 84 must be produced to the court on the day of the hearing.

(5) If any reasons have been submitted to the court in response to the notice of the application required by regulation 4(5) of the Certification Regulations, a copy of those reasons must be sent to the applicant at least 7 days before the hearing, and the applicant may respond both in writing and at the hearing.

(6) The applicant must also file such further evidence as the court may direct.

(7) The applicant must attend for examination on the day of the hearing.

(8) Rules 23.2, 23.4, 23.7, 23.8, 23.9 and 23.10 do not apply to an application to which this rule applies.

Issue of replacement certificates and surrender of certificates

84.19

(1) Where changes are required to be notified and the certificate produced under regulation 8 of the Certification Regulations, the changes must be notified to, and the certificate produced at, the County Court hearing centre at which the certificate was issued.

(2) Where a certificate is required to be surrendered under regulation 12 of the Certification Regulations, the certificate must be surrendered to the County Court hearing centre at which the certificate was issued.

Complaints as to fitness to hold a certificate

84.20

(1) This rule applies to a complaint under regulation 9(1) of the Certification Regulations.

(2) The complaint must be submitted to the County Court hearing centre at which the certificate was issued, using the approved form.

(3) A copy of the complaint must be sent to the applicant at least 14 days before the hearing, and the applicant may respond both in writing and at the hearing.

(4) The complainant is not liable for any costs incurred by the certificated person in responding to the complaint, unless paragraph (5) applies.

(5) The court may order the complainant to pay such costs as it considers reasonable if it is satisfied that the complaint—

(a) discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate; and

(b) amounts to an abuse of the court’s process.

PART 85 — Claims on Controlled Goods and Executed Goods

	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

SECTION I — Scope and Interpretation

Scope

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;

(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.

Interpretation

85.2

(1) In this Part—

(a) “the Act” means the Tribunals, Courts and Enforcement Act 2007;

(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, 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;

(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; 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;

(o) “Schedule 12” means Schedule 12 to the Act;

(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—

(i) “control”;

(ii) “controlled goods”;

(iii) “co-owner”;

(iv) “disposal”;

(v) “interest”;

(vi) “money”;

(vi) “premises”;

(vii) “securities”.

SECTIONII — Mode of Application for Claims under this Part

Mode of application for claims under this Part

85.3

Any claim under this Part must be made by an application in accordance with Part 23.

SECTION III — Procedure for making a claim to controlled goods

Procedure for making a claim to controlled goods

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

(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.

Procedure for making a claim to controlled goods where the claim is disputed

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

(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

(“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, 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;

(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.

SECTIONIV — Procedure for making a Claim against Executed Goods

Procedure for making a claim against executed 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

(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.

Procedure for making a claim to executed goods where the claim is disputed

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

(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;

(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.)

SECTIONV — Procedure for a Debtor making a Claim to Exempt Goods

Procedure for a debtor making a claim to exempt goods

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

(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.

Procedure for making a claim to exempt goods where the claim is disputed

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

(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

(“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;

(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.

SECTIONVI — Powers of the Court hearing any application under this Part

Directions and determination of claims

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 and regulation 49 of the TCG Regulations;

(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.

Trial of issue

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.

Costs

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 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 to such assessment, save in relation to the costs of execution of writs of sequestration and writs relating to ecclesiastical property.

PART 86 — Stakeholder Claims and Applications

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

Scope of this Part and interpretation

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).

Stakeholder application

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

(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.

Powers of court hearing a stakeholder application

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;

(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.

Trial of issue

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.

Costs

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.

Definitions

Rule A1

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.

Application for judgment summons

Description of parties

Rule 1A

(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]”.

Mode of service

Time for service

Enforcement of debtor’s attendance

Evidence

Suspension of committal order

New order on judgment summons

Notification of order on judgment of High Court

Costs on judgment summons

Issue of warrant of committal

Notification to foreign court of part payment before debtor lodged in prison

Payment after debtor lodged in prison

Discharge of debtor otherwise than on payment

Judgment without trial after striking out

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;

(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.

County Court Money Claims

Request for judgment for an amount of money to be decided by the court – claims in the Civil National Business Centre

Automatic transfer in the High Court

Transfer of money claims within the County Court

Transfer within the County Court and the High Court

Amount of fixed commencement costs in the County Court claim for the recovery of money

Costs on entry of judgment in the County Court claim for recovery of money

Application for permission to issue a writof sequestration

83.2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Writs and warrants – separate enforcement of costs

Writs and warrants other than those conferring a power to use the TCG procedure – levying execution on certain days

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

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

Exercise of powers ...

Transcripts at public expense

52.5A

(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the application of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.

(2) Before making a direction under paragraph (1), the court must be satisfied that—

(a) the applicant qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and

(b) it is necessary in the interests of justice for such a transcript to be obtained.

Variation of time

Stay(gl)

Amendment of appeal notice

Striking out (gl) appeal notices and setting aside or imposing conditions on permission to appeal

Orders to limit the recoverable costs of an appeal

Appeal court’s powers

Hearing of appeals

Non-disclosure of Part 36 offers and payments

Statutory appeals – court’s power to hear any person

Judicial review appeals from the High Court

Judicial review appeals from the Upper Tribunal

52.15A

A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).

Who may exercise the powers of the Court of Appeal

SECTION V — Proceedings under the Presumption of Death Act 2013

Scope and interpretation

57.17

(1) This Section contains rules about proceedings under the Presumption of Death Act 2013.

(2) In this Section, terms used in the Presumption of Death Act 2013 Act have the meaning given by that Act, and—

(a) “the 2013 Act” means the Presumption of Death Act 2013;

(b) “a claim for a declaration of presumed death” means a claim under section 1 of the 2013 Act for a declaration that a missing person is presumed to be dead;

(c) “a claim for a variation order” means a claim for an order under section 5 of the 2013 Act varying or revoking a declaration of presumed death.

Proceedings to be in the High Court

57.18

(1) Proceedings under the 2013 Act must be issued in the High Court in either—

(a) the Chancery Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the 2013 Act which are brought in the Family Division, except that the provisions of the Family Procedure Rules 2010 relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.

Procedure for claims for a declaration of presumed death or a variation order

57.19

(1) A claim for a declaration of presumed death or for a variation order must be made by issuing a claim form in accordance with Part 8.

(2) In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include or be accompanied by the information required by Practice Direction 57B.

(3) Rules 8.2A, 8.3, 8.4 and 8.5 apply as modified by paragraphs (4) to (7) of this rule (and references elsewhere in these Rules to a defendant and to an acknowledgment of service are, where relevant, to be read as references to the substitute terms in rules 8.2A, 8.3, 8.4 and 8.5 as so modified).

(4) Rule 8.2A (issue of claim form without naming defendants) applies as if for “without naming a defendant” in paragraph (1) there were substituted “without serving notice on any person”.

(5) Rule 8.3 (acknowledgment of service) applies—

(a) as if, instead of referring to a defendant, it referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be;

(b) as if, instead of referring to an acknowledgment of service, it referred to a notice of intention to intervene or an application for permission to intervene, as the case may be; and

(c) subject to paragraph (7), with the substitution of 21 days for 14 days as the time within which the notice of intention to intervene or application for permission to intervene must be filed and served.

(6) Rules 8.4 (consequence of not filing an acknowledgment of service) and 8.5 (filing and serving written evidence) apply—

(a) as if, instead of referring to a defendant, they referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be; and

(b) as if, instead of referring to an acknowledgment of service, they referred to a notice of intention to intervene or an application for permission to intervene, as the case may be.

(7) If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing notice of intention to intervene or an application for permission to intervene, as the case may be, and any written evidence, is 7 days longer than the relevant period for serving an acknowledgement of service specified in rule 6.35 or Practice Direction 6B.

Giving notice of claim

57.20

(1) Where the claim is for a declaration of presumed death, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a) the spouse or civil partner of the missing person;

(b) any parent of the missing person;

(d) any sibling of the missing person;

(e) if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the claimant; and

(f) any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(2) Where the claim is for a variation order, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a) the person who was the claimant for the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;

(b) the spouse or civil partner of the missing person;

(d) any child of the missing person;

(e) any sibling of the missing person;

(f) if there are no persons within sub-paragraphs (b) to (e), the nearest relative of the missing person known to the claimant; and

(g) any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(3) Notice under paragraph (1)(a) to (f) or paragraph (2)(a) to (g) must be given within 7 days after the claim is issued.

Advertisement of claim

57.21

(1) The claimant (whether the claim is for a declaration of presumed death or for a variation order) must, within 7 days of issue of the claim, ensure that notice of the claim is published—

(a) in a form which meets the requirements set out in Practice Direction 57B; and

(b) in at least one newspaper circulating in the vicinity of the last known address of the missing person.

(2) The claimant must, at least 5 days before the hearing, file a copy of the page of the newspaper bearing the advertisement of notice of the claim required by paragraph (1) and the date on which it was published.

Interveners

57.22

(1) The Attorney General, or a person who is entitled to intervene in proceedings under section 11(1), must first notify the court of the intention to intervene in accordance with the requirements of Practice Direction 57B.

(2) Any other person who wishes to intervene in such proceedings must submit an application for permission to intervene in accordance with the requirements of Practice Direction 57B.

(3) Where the court grants permission to intervene, it may do so on conditions and may give case management directions.

(4) The court may direct that a person who intervenes in proceedings, other than the Attorney General, be joined as a claimant or defendant.

Requirement to provide information

57.23

(1) An application for an order under section 12(1) of the 2013 Act must be supported by evidence and must in particular—

(a) specify or describe the information in respect of which the order is sought;

(b) set out the reasons why the person making the application believes that the person against whom the order is sought is likely to have such information; and

(c) include any further details, where known, of the missing person which are likely to assist in providing the information sought.

(2) The person making the application must serve a copy of the application notice on the person against whom the order is sought, and on every other party to the proceedings (within the meaning of section 20(2) of the 2013 Act), at least 14 days before the date fixed for the hearing of the application.

(3) An application for discharge or variation under section 12(6) of an order made under section 12(1) may be made without notice unless the court directs otherwise.

Writs and warrants – levying execution on certain days

Enforcement under the Judgments Regulation

74.3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support

Procedure for enforcing judgments under the Judgments Regulation

74.4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security for costs

Registration orders

Applications to set aside registration

Refusal of recognition or enforcement under the Judgments Regulation

74.7A

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The Civil Procedure Rules 1998

Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer

83.16

Warrant of control or warrant of delivery – execution of High Court judgment

83.17

Warrants of control and warrants of delivery – description of parties

83.18

Creditor’s request for transfer to the High Court for enforcement

83.19

Warrants of control – bankruptcy or winding up of debtor

83.20

Warrants where the debtor is a farmer

83.21

Warrants – withdrawal and suspension of warrant at creditor’s request

83.22

Warrants of delivery

83.23

Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements

83.24

Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements

83.25

Warrants of possession

83.26

Saving for enforcement by committal

83.27

Suspension of part warrant

83.28

Concurrent warrants

83.29

PART 84 — ENFORCEMENT BY TAKING CONTROL OF GOODS

SECTION I — Scope and Interpretation

Scope

84.1

Interpretation

84.2

SECTION II — Where and How to make Applications

Where and how to make applications

84.3

SECTION III — Taking Control of Goods

Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum period

84.4

Application to extend the period in which to take control of goods

84.5

Application to take control of goods during prohibited hours

84.6

Application to enter, re-enter or remain on premises otherwise than during permitted hours

84.7

Notice of intention to re-enter premises – application for notice period of less than the minimum period

84.8

Application for a warrant to enter premises – conditions to be satisfied before a warrant may be issued

84.9

Application for a warrant allowing reasonable force in relation to goods on the highway – conditions to be satisfied before a warrant may be issued

84.10

Application for sale otherwise than by public auction

84.11

Application in relation to disposal of abandoned goods

84.12

Application by the debtor for a remedy in relation to goods taken into control

84.13

Application by the enforcement agent for exceptional disbursements

84.14

Application where there is a dispute regarding a co-owner’s share of proceeds

84.15

Disputes about the amount of fees or disbursements recoverable under the Fees Regulations

84.16

SECTION IV — Proceedings in relation to certificates under section 64 of the 2007 Act

Interpretation

84.17

Application for issue of a certificate under section 64 of the 2007Act

84.18

Issue of replacement certificates and surrender of certificates

84.19

Complaints as to fitness to hold a certificate

84.20

PART 85 — Claims on Controlled Goods and Executed Goods

SECTION I — Scope and Interpretation

Scope

85.1

Interpretation

85.2