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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?
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
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