Equitable execution—procedure

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Equitable execution—procedure
  • In which court do you apply for equitable execution?
  • Making the application
  • Application notice
  • Evidence in support
  • Order
  • Fee
  • Court
  • Making the application—without notice
  • Serving the order
  • More...

Equitable execution—procedure

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

This Practice Note sets out the procedure to be followed when seeking an order for equitable execution. It covers which court to apply to, how to make the application and service of the order. See also Practice Note: Equitable execution.

In which court do you apply for equitable execution?

You can apply to the:

  1. High Court

  2. County Court. The receiver is appointed under section 107 of the County Courts Act 1984

In determining which court you make the application in you apply to the court where:

  1. the claim was made

  2. it was transferred to, if applicable, or

  3. if enforcement proceedings have begun, where they are being dealt with

The application is made to a master or district judge.

Making the application

Application notice

The application is made on Form N244, using the wording of Form 82 (Application for appointment of a receiver) in Part A of Form N244 which is:

‘For an order that [a receiver be appointed] [(name and address) be appointed receiver] in this claim to receive the rents, profits and moneys receivable in respect of the interest of the (party) in the following property, namely (describe the property) in or

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