Staying execution of a writ or warrant of control
Staying execution of a writ or warrant of control

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

  • Staying execution of a writ or warrant of control
  • Seeking a stay of a money judgment—general
  • Can you seek a stay of execution of a writ or warrant of control?
  • Grounds for applying to stay execution of a writ or warrant of control
  • Who do you make the application for a stay to?
  • How do you make an application for a stay of execution of a writ or warrant of control?

Stop press: This Practice Note is under review in light of the introduction of 12 Warrant of Control Support Centres. For further information, see: LNB News 20/06/2019 51. Support centres opened to speed up resolution of warrants of control.

The procedure outlined below concerns the process of enforcing judgment debts and orders under the Taking Control of Goods (TCG) procedure which includes CPR 83 and CPR 84. However, many of these provisions either apply equally to or with some modification to writs and warrants for execution, delivery of goods and possession as further considered in CPR 83. For more specific guidance on these and other types of writ and warrant, see Practice Note: Writs and warrants other than for taking control of goods.

For further guidance on the TCG procedure, see: Taking control of the debtor's goods—overview.

Seeking a stay of a money judgment—general

Where a judgment or order is for payment of a sum of money, the judgment debtor can ask the court either at the time of its making the order, or at any time thereafter, to stay execution of the judgment by way of a warrant or writ of control.

Note: CPR 40.8A allows a person to apply for a stay of execution or other relief on the ground of matters which have occurred since the date of the