How to obtain a writ of control

Published by a LexisNexis Dispute Resolution expert
Practice notes

How to obtain a writ of control

Published by a LexisNexis Dispute Resolution expert

Practice notes

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: Court specific guidance below.

What is a writ of control?

A writ of control is a document issued by the High Court instructing a High Court Enforcement Officer (HCEO) to use the taking control of goods (TCG) procedure. It gives the HCEO the authority to take control of goods belonging to a judgment debtor, sell those goods and then apply the sale proceeds towards any outstanding balance under a money judgment. The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is the underlying primary legislation which introduces the TCG procedure—for guidance, see Practice Note: Finding your way through the Taking Control of Goods legislation.

Writs of control are the modern equivalent of the old writs of fieri facias (except writs of fieri facias de bonis ecclesiasticis)—see TCEA 2007, s 62(4)(a).

When can I apply for a writ of

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Jurisdiction(s):
United Kingdom
Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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