Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

Back to previous page

 

CCR ORDER 25

ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Judgment creditor and debtor
     Rule 1 In this Order and Orders 26 to 29 "judgment creditor" means the person who has obtained or is entitled to enforce a judgment or order and "debtor" means the person against whom it was given or made.

Transfer of proceedings for enforcement
     Rule 2  - (1) Where, with a view to enforcing a judgment or order obtained by him in a county court, a judgment creditor desires to apply for - 

    (a) the oral examination of the debtor;

    (b) a charging order under section 1 of the Charging Orders Act 1979[262];

    (c) an attachment of earnings order; or

    (d) the issue of a judgment summons,

and the application is required by any provision of these rules to be made to another county court, the judgment creditor shall make a request in writing to the court officer of the court in which the judgment or order was obtained for the transfer of the proceedings to the other court.

    (2) On receipt of a request under paragraph (1), the court officer shall make an order transferring the proceedings to the other court and shall - 

    (a) make an entry of the transfer in the records in his court; and

    (b) send to the court to which the proceedings have been transferred a certificate of the judgment or order stating the purpose for which it has been issued, and, if requested by that officer, all the documents in his custody relating to the proceedings.

    (3) When the proceedings have been transferred to the other court - 

    (a) that court shall give notice of the transfer to the judgment creditor and the debtor;

    (b) any payment which, by or under these rules or the Court Funds Rules 1987[263], is authorised or required to be made into court shall be made into that court; and

    (c) subject to sub-paragraph (d), any subsequent steps in the proceedings shall be taken in that court, but

    (d) any application or appeal under Order 37 shall be made to the court in which the judgment or order was obtained.

    (4) If the judgment creditor desires to make a subsequent application for any of the remedies mentioned in paragraph (1)(a) to (d) and the application is required to be made to another court, he may make a request under paragraph (1) to the court to which the proceedings have been transferred and paragraphs (2) and (3) shall apply with the necessary modifications.

Oral examination of debtor
     Rule 3  - (1) Where a person has obtained a judgment or order in a county court for the payment of money or where an order has been made under rule 12 of this Order, the appropriate court may, on an application made by the judgment creditor without notice being served on any other party, order the debtor or, if the debtor is a body corporate, an officer thereof to attend before the court officer and be orally examined as to the debtor's means of satisfying the judgment or order, and may also order the person to be examined to produce at the time and place appointed for the examination any books or documents in his possession relevant to the debtor's means.

    (1A) An application under paragraph (1) shall certify the amount of money remaining due under the judgment, order or award (as that word is defined by rule 12 (1) of this Order).

    (2) The appropriate court for the purposes of paragraph (1) shall be the court for the district in which the person to be examined (or, if there are more such persons than one, any of them) resides or carries on business.

    (3) The order shall be served in the manner required for service of the notice of the day of hearing in accordance with Order 3, rule 6 except that Order 3, rule 6(11) will not apply.

    (4) If the person to be examined fails to attend at the time and place fixed for the examination, the court may adjourn the examination and make a further order for his attendance and any such order shall direct that any payments made thereafter shall be paid into court and not direct to the judgment creditor.

    (5) Nothing in Order 29, rule 1 (2) to (7) shall apply to an order made under paragraph (4), but Order 27, rules 7B and 8, shall apply, with the necessary modifications, as they apply to orders made under section 23 (1) of the Attachment of Earnings Act 1971[264] except that for a period of 5 days specified in paragraph (1) of Order 27, rule 8 there shall be substituted a period of 10 days.

    (5A) Where an examination has been adjourned, the judgment creditor, if requested to do so by the person to be examined not less than 7 days before the day fixed for the adjourned examination shall pay to him a sum reasonably sufficient to cover his expenses in travelling to and from the court unless such a sum was paid to him at the time of service of the order for oral examination.

    (5B) The judgment creditor shall, not more than 4 days before the day fixed for the adjourned examination, file a certificate stating either that no request has been made under paragraph (5A) or that a sum has been paid in accordance with such a request.

    (5C) Where the person to be examined has made a request under paragraph (5A), he shall not be committed to prison under Order 29, rule 1 (1) for having failed to attend at the time and place fixed for the adjourned examination unless the judgment creditor has paid to him a sum reasonably sufficient to cover the travelling expenses before the day fixed for the adjourned examination.

    (6) CPR rule 34.8 (evidence by deposition) shall apply with the necessary modifications, to an examination under this rule as it applies to an examination under that Part save that CPR rule 34.8(6)(b) shall not apply.

    (7) Nothing in this rule shall be construed as preventing the court, before deciding whether to make an order under paragraph (1), from giving the person to be examined an opportunity of making a statement in writing or a witness statement or affidavit as to the debtor's means.

Examination of debtor under judgment not for money
     Rule 4 Where any difficulty arises in or in connection with the enforcement of any judgment or order for some relief other than the payment of money, the court may make an order under rule 3 for the attendance of the debtor and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.

Provision of information
     Rule 5  - (1) The requests and applications mentioned in paragraph (2) are - 

    (a) a request for a warrant of execution, delivery or possession;

    (b) a request for a judgment summons or warrant of committal;

    (c) an application for a garnishee order under Order 30, rule 1; and

    (d) an application for a charging order.

    (2) Where the judgment creditor has filed any request or application referred to in paragraph (1) or is seeking to enforce a judgment or order by making an application under rule 3 or under Order 27 or 32, he shall forthwith notify the court of any payment received from the debtor in respect of the judgment to be enforced after the date of the application and before - 

    (a) the final return to the warrant of execution, delivery or possession; or

    (b) in any other case, the date fixed for the hearing of the application.

    (3) Without prejudice to rule 8 (9), where the judgment creditor applies to re-issue enforcement proceedings, he shall file a request in that behalf certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and stating why re-issue is necessary.

Interest on judgment debts
     Rule 5A Where the judgment creditor claims interest pursuant to the County Courts (Interest on Judgment Debts) Order 1991[265] and takes proceedings to enforce payment under the relevant judgment (within the meaning of article 4 (1) of that Order), any request or application for enforcement made in those proceedings shall be accompanied by two copies of a certificate giving details of - 

    (a) the amount of interest claimed and the sum on which it is claimed;

    (b) the dates from and to which interest has accrued; and

    (c) the rate of interest which has been applied and, where more than one rate of interest has been applied, the relevant dates and rates.

Description of parties
     Rule 6 Where the name or address of the judgment creditor or the debtor as given in the request for the issue of a warrant of execution or delivery, judgment summons or warrant of committal differs from his name or address in the judgment or order sought to be enforced and the judgment creditor 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, as the case may be, shall be described in the warrant or judgment summons as "C.D. of [name and address as given in the request] suing [or sued] as A.D. of [name and address in the judgment or order]".

Recording and giving information as to warrants and orders
     Rule 7  - (1) Subject to paragraph (1A), every district judge by whom a warrant or order is issued or received for execution shall from time to time state in the records of his court what has been done in the execution of the warrant or order.

    (1A) Where a warrant of execution issued by a court ("the home court") is sent to another court for execution ("the foreign court"), paragraph (1) shall not apply to the district judge of the home court, but when such a warrant is returned to the home court under paragraph (7), the court officer of the home court shall state in the records of his court what has been done in the execution of the warrant or order.

    (2) If the warrant or order has not been executed within one month from the date of its issue or receipt by him, the court officer of the court responsible for its execution shall, at the end of that month and every subsequent month during which the warrant remains outstanding, send notice of the reason for non-execution to the judgment creditor and, if the warrant or order was received from another court, to that court.

    (3) The district judge responsible for executing a warrant or order shall give such information respecting it as may reasonably be required by the judgment creditor and, if the warrant or order was received by him from another court, by the district judge of that court.

    (4) Where money is received in pursuance of a warrant of execution or committal sent by one court to another court, the foreign court shall, subject to paragraph (5) and to section 346 of Insolvency Act 1986[266] and section 326 of the Companies Act 1948[267], send the money to the judgment creditor in the manner prescribed by the Court Funds Rules 1987[268] and, where the money is received in pursuance of a warrant of committal, make a return to the home court.

    (5) Where interpleader proceedings are pending, the court shall not proceed in accordance with paragraph (4) until the interpleader proceedings are determined and the district judge shall then make a return showing how the money is to be disposed of and, if any money is payable to the judgment creditor, the court shall proceed in accordance with paragraph (4).

    (6) Where a warrant of committal has been received from another court, the foreign court shall, on the execution of the warrant, send notice thereof to the home court.

    (7) Where a warrant of execution has been received from another court, either - 

    (a) on the execution of the warrant; or

    (b) if the warrant is not executed - 

      (i) on the making of a final return to the warrant; or

      (ii) on suspension of the warrant under rule 8 (suspension of judgment or execution) or Order 26, rule 10 (withdrawal and suspension of warrant at creditor's request),

    the foreign court shall return the warrant to the home court.

Suspension of judgment or execution
     Rule 8  - (1) The power of the court to suspend or stay a judgment or order or to stay execution of any warrant may be exercised by the district judge or, in the case of the power to stay execution of a warrant of execution and in accordance with the provisions of this rule, by the court officer.

    (2) An application by the debtor to stay execution of a warrant of execution shall be in the appropriate form stating the proposed terms, the grounds on which it is made and including a signed statement of the debtor's means.

    (3) Where the debtor makes an application under paragraph (2), the court shall - 

    (a) send the judgment creditor a copy of the debtor's application (and statement of means); and

    (b) require the creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

    (4) If the judgment 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.

    (5) Upon receipt of a notice by the judgment creditor under paragraph (3)(b), the court officer may, if the judgment creditor objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.

    (6) Any party affected by an order made under paragraph (5) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be reconsidered and the court shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

    (7) On hearing an application under paragraph (6), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

    (8) Where the judgment creditor states in his notice under paragraph (3)(b) that he wishes the bailiff to proceed to execute the warrant, the court shall fix a day for a hearing before the district judge of the debtor's application and give to the judgment creditor and to the debtor not less than 2 days' notice of the day so fixed.

    (9) Subject to any directions given by the district judge, where a warrant of execution has been suspended, it may be re-issued on the judgment creditor's filing a request pursuant to rule 5 (3) showing that any condition subject to which the warrant was suspended has not been complied with.

    (10) 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.

Enforcement of judgment or order against firm
     Rule 9  - (1) Subject to paragraph (2), a judgment or order against a firm may be enforced against - 

    (a) any property of the firm;

    (b) any person who admitted in the proceedings that he was a partner or was adjudged to be a partner;

    (c) any person who was served as a partner with the claim form if - 

      (i) judgment was entered under CPR Part 12, in default of defence or under CPR Part 14 on admission; or

      (iii) the person so served did not appear at the trial or hearing of the proceedings.

    (2) A judgment or order may not be enforced under paragraph (1) against a member of the firm who was out of England and Wales when the claim form was issued unless he - 

    (a) was served within England and Wales with the claim formas a partner; or

    (b) was, with the permission of the court under RSC Order 11, rule 1 served out of England and Wales with the claim form as a partner,

and, except as provided by paragraph (1)(a) and by the foregoing provisions of this paragraph, a judgment or order obtained against a firm shall not render liable, release or otherwise affect a member of the firm who was out of England and Wales when the claim form was issued.

    (3) A judgment creditor who claims to be entitled to enforce a judgment or order against any other person as a partner may apply to the court for permission to do so by filing an application notice in accordance with CPR Part 23.

    (4) An application notice under paragraph (3) shall be served on the alleged partner, not less than three days before the hearing of the application, in the manner required for service of the notice of the day of hearing in accordance with Order 3, rule 6 and on the hearing of the application, if the alleged partner does not dispute his liability, the court may, subject to paragraph (2), give permission to enforce the judgment or order against him and, if he disputes liability, the court may order that the question of his liability be tried and determined in such a manner as the court thinks fit.

    (5) The foregoing provisions of this rule shall not apply where it is desired to enforce in a county court a judgment or order of the High Court, or a judgment, order, decree or award of any court or arbitrator which is or has become enforceable as if it were a judgment or order of the High Court, and in any such case the provisions of the RSC relating to the enforcement of a judgment or order against a firm shall apply.

Enforcing judgment between a firm and its members
     Rule 10  - (1) Execution to enforce a judgment or order given or made in - 

    (a) proceedings by or against a firm, in the name of the firm against or by a member of the firm; or

    (b) proceedings by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common,

shall not issue without the permission of the court.

    (2) On an application for permission the court may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.

Enforcement of High Court judgment
     Rule 11  - (1) A judgment creditor who desires to enforce a judgment or order of the High Court, or a judgment, order, decree or award of any court or arbitrator which is or has become enforceable as if it were a judgment or order of the High Court, shall file in the appropriate court (with such documents as are required to be filed for the purpose of enforcing a judgment or order of a county court) - 

    (a) an office copy of the judgment or order or, in the case of a judgment, order, decree or award of a court other than the High Court or an arbitrator, such evidence of the judgment, order, decree or award and of its enforceability as a judgment of the High Court as the district judge may require;

    (b) a certificate verifying the amount due under the judgment, order, decree or award;

    (c) where a writ of execution has been issued to enforce it, a copy of the sheriff's return to the writ; and

    (d) a copy of the order to transfer the proceedings to the county court.

    (2) In this rule the "appropriate court" means the county court in which the relevant enforcement proceedings might, by virtue of these rules, be brought if the judgment or order had been obtained in proceedings commenced in a county court.

    Provided that if under these rules the court in which the relevant enforcement proceedings might be brought is identified by reference to the court in which the judgment or order has been obtained the appropriate court shall be the court for the district in which the debtor resides or carries on business.

    (3) The provisions of this rule are without prejudice to Order 26, rule 2.

Enforcement of award of tribunal
     Rule 12  - (1) This rule applies where any enactment (other than these rules) provides that if a county court so orders, a sum of money is recoverable as if payable under an order of a county court, and in this rule an application for such an order is referred to as an application to enforce an award and "award" means the award, order, agreement or decision which it is sought to enforce.

    (2) Unless these rules otherwise provide, an application to enforce an award shall be made without notice by - 

    (a) certifying the amount remaining due to the applicant; and

    (b) producing either the original or a copy of the award and by filing a copy.

    (3) Unless otherwise provided, the application shall be made to the court for the district in which the person against whom the award was made resides or carries on business or, where that person does not reside or carry on business within England and Wales, to the court for the district in which the applicant resides or carries on business.

    (4) The order may be made by the court officer.

Transfer to High Court for enforcement
     Rule 13  - (1) Where the judgment creditor makes a request for a certificate of judgment under Order 22, rule 8(1) for the purpose of enforcing the judgment or order in the High Court by execution against goods, the grant of a certificate by the court shall take effect as an order to transfer the proceedings to the High Court and the transfer shall have effect on the grant of that certificate.

    (2) On the transfer of proceedings in accordance with paragraph (1), the court shall give notice to the debtor that the proceedings have been transferred and shall make an entry of that fact in the records of his court.

    (3) In a case where a request for a certificate of judgment is made under Order 22, rule 8(1) for the purpose of enforcing a judgment or order in the High Court and - 

    (a) an application for a variation in the date or rate of payment of money due under a judgment or order;

    (b) an application under either CPR rule 39.3(3) or CPR rule 13.4;

    (c) a request for an administration order; or

    (d) an application for a stay of execution under section 88 of the Act,

is pending, the request for the certificate shall not be dealt with until those proceedings are determined.



CCR ORDER 26

WARRANTS OF EXECUTION, DELIVERY AND POSSESSION

Application for warrant of execution
     Rule 1  - (1) A judgment creditor desiring a warrant of execution to be issued shall file a request in that behalf certifying - 

    (a) the amount remaining due under the judgment or order; and

    (b) where the order made is for payment of a sum of money by instalments - 

      (i) that the whole or part of any instalment due remains unpaid; and

      (ii) the amount for which the warrant is to be issued.

    (1A) The court officer shall discharge the functions - 

    (a) under section 85 (2) of the Act of issuing a warrant of execution;

    (b) under section 85 (3) of the Act of entering in the record mentioned in that subsection and on the warrant the precise time of the making of the application to issue the warrant; and

    (c) under section 103 (1) of the Act of sending the warrant of execution to another county court.

    (2) Where the court has made an order for payment of a sum of money by instalments and default has been made in payment of such an instalment, a warrant of execution may be issued for the whole of the said sum of money and costs then remaining unpaid or, subject to paragraph (3), for such part as the judgment creditor may request, not being in the latter case less than 50 or the amount of one monthly instalment or, as the case may be, four weekly instalments, whichever is the greater.

    (3) In any case to which paragraph (2) applies no warrant shall 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 said sum of money and costs has expired or has been satisfied or abandoned.

    (4) Where a warrant is issued for the whole or part of the said sum of money and costs, the court officer shall, unless the district judge responsible for execution of the warrant directs otherwise, send a warning notice to the person against whom the warrant is issued and, where such a notice is sent, the warrant shall not be levied until 7 days thereafter.

    (5) Where judgment is given or an order made for payment otherwise than by instalments of a sum of money and costs to be assessed in accordance with CPR Part 47 (detailed assessment procedure) and default is made in payment of the sum of money before the costs have been assessed, a warrant of execution may issue for recovery of the sum of money and a separate warrant may issue subsequently for the recovery of the costs if default is made in payment of them.

Execution of High Court judgment
     Rule 2  - (1) Where it is desired to enforce by warrant of execution a judgment or order of the High Court, or 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 1 (1) may be filed in any court in the district of which execution is to be levied.

    (2) Subject to Order 25, rule 9 (5), any restriction imposed by these rules on the issue of execution shall apply as if the judgment, order, decree or award were a judgment or order of the county court, but permission to issue execution shall not be required if permission has already been given by the High Court.

    (3) Notice of the issue of the warrant shall be sent by the county court to the High Court.

Execution against farmer
     Rule 3 If after the issue of a warrant of execution the district judge for the district in which the warrant is to be executed has reason to believe that the debtor is a farmer, the execution creditor shall, if so required by the district judge, furnish him 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[269].

Concurrent warrants
     Rule 4 Two or more warrants of execution may be issued concurrently for execution in different districts, but - 

    (a) no more shall be levied under all the warrants together than is authorised to be levied under one of them; and

    (b) the costs of more than one such warrant shall not be allowed against the debtor except by order of the court.

Permission to issue certain warrants
     Rule 5  - (1) A warrant of execution shall not issue 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 entitled to enforce the judgment or order or 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 his executors or administrators after the date of the judgment or order and it is sought to issue execution against such assets; or

    (d) any goods to be seized under a warrant of execution are in the hands of a receiver appointed by a court.

    (2) An application for permission shall be supported by a witness statement or affidavit establishing the applicant's right to relief and may be made without notice being served on any other party in the first instance but the court may direct the application notice to be served on such persons as it thinks fit.

    (3) Where, by reason of one and the same event, a person seeks permission under paragraph (1)(b) to enforce more judgments or orders than one, he may make one application only, specifying in a schedule all the judgments or orders in respect of which it is made, and if the application notice is directed to be served on any person, it need set out only such part of the application as affects him.

    (4) Paragraph (1) is without prejudice to 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.

Duration and renewal of warrant
     Rule 6  - (1) A warrant of execution shall, for the purpose of execution, be valid in the first instance for 12 months beginning with the date of its issue, but if not wholly executed, it may be renewed from time to time, by order of the court, for a period of 12 months at any one time, beginning with the day next following that on which it would otherwise expire, if an application for renewal is made before that day or such later day (if any) as the court may allow.

    (2) A note of any such renewal shall be indorsed on the warrant and it shall be entitled to priority according to the time of its original issue or, where appropriate, its receipt by the district judge responsible for its execution.

Notice on levy
     Rule 7 Any bailiff upon levying execution shall deliver to the debtor or leave at the place where execution is levied a notice of the warrant.

Bankruptcy or winding up of debtor
     Rule 8  - (1) Where the district judge responsible for the execution of a warrant is required by any provision of the Insolvency Act 1986[270] 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, the court shall, as soon as practicable after the sale or the receipt of the money, send notice to the execution creditor and, if the warrant issued out of another court, to that court.

    (2) Where the district judge responsible for the execution of a warrant - 

    (a) receives notice that a bankruptcy order has been made against the debtor or, if the debtor is a company, that a provisional liquidator has been appointed or that an order has been made or a resolution passed for the winding up of the company; and

    (b) withdraws from possession of goods seized or pays over to the official receiver or trustee in bankruptcy or, if the debtor is a company, to 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 court shall send notice to the execution creditor and, if the warrant issued out of another court, to that court.

    (3) Where the court officer of a court to which a warrant issued out of another court has been sent for execution receives any such notice as is referred to in paragraph (2)(a) after he has sent to the home court any money seized or received in part satisfaction of the warrant, he shall forward the notice to that court.




Notes


[262] 1979 c.53; section 1 was amended by the Administration of Justice Act 1982 (c.53) sections 34(3), 37, schedule 3, Part II, paragraphs 2, 3, 6; and by the County Courts Act 1984 (c.28), section 148(1), schedule 2, Part V.back

[263] S.I. 1987/821, as amended by S.I. 1988/817, 1990/518, 1991/227 and 1997/177.back

[264] 1971 c.32; section 23(1) was amended by the Administration of Justice Act 1982 (c.53), section 53(2).back

[265] S.I. 1991/1184 as amended by S.I. 1996/2516.back

[266] 1986 c.45.back

[267] 1948 c.38.back

[268] S.I. 19887/821, as amended by S.I. 1988/817, 1990/518, 1991/227 and 1997/177.back

[269] 1928 c.43.back

[270] 1986 c.45.back



  continue
 
 

  Contents

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1998
Prepared 9 February 1999