Q&As

Where an order for sale has been granted and the matter has been transferred for enforcement in the High Court, what application is required to obtain a writ of possession?

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Produced in partnership with James Tunley of Lamb Chambers
Published on: 27 April 2017
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Enforcing orders for sale

By virtue of section 42 of the County Courts Act 1984 a judgment of the County Court may be transferred to the High Court for Enforcement. The effect of such a transfer is that the judgment or order may be enforced in the High Court as if it were a judgment of the High Court.

Under CPR 83.13(1)(a) an order for sale may be enforced in the High Court by a writ of possession. This assumes that the order for sale itself provided for the Delivery up of possession. If it did not then an application would be needed for an order for possession under CPR 40.17.

Permission to issue a writ of possession

In most cases the court’s permission will be required to issue a writ of possession. There are exceptions, namely if it is a possession claim against trespassers under CPR

James Tunley
James Tunley

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.

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United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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