Writ or warrant of delivery
Produced in partnership with David Salter of Deputy High Court judge and Recorder
Writ or warrant of delivery

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Writ or warrant of delivery
  • Procedure
  • Application for permission
  • Substantive application
  • Steps following issue of the writ or warrant
  • Suspension of warrant
  • General provisions

Writ or warrant of delivery

A writ of delivery (High Court) or warrant of delivery (Family Court or County Court) may be used to enforce an order that provides for the delivery or transfer of specific goods. A writ of delivery is issued to a High Court enforcement officer; a warrant of delivery to a court bailiff. Where a party has a judgment or order for the delivery of any goods, and the respondent has failed to deliver them, then it may be enforceable by a writ or warrant of delivery in accordance with rule 83.14 (High Court) or 83.23 (Family Court) of the Civil Procedure Rules 1998, SI 1998/3132 (CPR) (as applied by the Family Procedure Rules 2010, SI 2010/2955, 33.1(2) (FPR 2010)), unless (in the case of the Family Court) any other rule or Act provides otherwise. A writ or warrant of delivery grants the relevant enforcement officer the authority to enforce the delivery by taking possession of the items listed from the individual in default of the order and delivering them to the appropriate party.

An order may provide the alternative of payment of the value of the goods. A writ or warrant to recover goods without alternative provision for recovery of their value is referred to as a writ or warrant of specific delivery.

FPR 2010 apply the provisions of CPR 83 in

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