Q&As

Is a writ of control of goods, contained in prescribed Form 53, invalid if: a) It does not contain on its face a valid County Court claim number, b) It does not contain on its face any High Court claim number, c) It refers to an incorrect date of judgment, d) the name of the defendant is incorrect , e) The writ identifies one premises, however the agents attend and enforce at a different premises? Is there a requirement, general or specific, for writs and orders to contain on their face a claim number? If so, where is that requirement to be found? If a writ is invalid for any of these numbers, what procedure must be followed to amend it before it is enforced?

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Published on LexisPSL on 04/05/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is a writ of control of goods, contained in prescribed Form 53, invalid if: a) It does not contain on its face a valid County Court claim number, b) It does not contain on its face any High Court claim number, c) It refers to an incorrect date of judgment, d) the name of the defendant is incorrect , e) The writ identifies one premises, however the agents attend and enforce at a different premises? Is there a requirement, general or specific, for writs and orders to contain on their face a claim number? If so, where is that requirement to be found? If a writ is invalid for any of these numbers, what procedure must be followed to amend it before it is enforced?
  • Different name and address
  • Enforcement at different premises

Unfortunately, in answering this Q&A we have been unable to find any authority on mistakes in writs of control.

CPR PD 83, para 3.1 requires a Writ of control to be in Form 53. It does not deal with what happens if there are errors in the Writ itself.

Form 83 makes clear provision for insertion of the claim number (whether High Court or County Court) together with the date of the judgment. This information would have been on the judgment.

CPR 83.9 provides that a writ will not be sealed by the court unless the person presenting the writ provides the judgment or order on which the writ is issued or an office copy entry. The mistakes in the writ therefore indicate the court did not consider the judgment alongside the details in the writ.

See Q&A: Will the misspelling of the

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