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

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 possession of land
  • Family Court
  • Application for permission
  • Substantive application
  • High Court
  • General provisions

Writ or warrant of possession of land

A writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that provides for a party to it to be granted possession of land or buildings, eg under a property adjustment order or an occupation order. A writ of possession is issued to a High Court enforcement officer; a warrant of possession to a court bailiff.

It is fundamental to the issue of a warrant or writ of possession of land that the order on which it is based grants the creditor possession of the land. The definition of the order, or the practical effect of it, must clearly provide for possession.

With effect from 22 April 2014, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.1(2) applies the provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 83 in respect of writs and warrants of possession, replacing the old provisions of the Rules of the Supreme Court (RSC) and County Count Rules (CCR) in Schedules 1 and 2 to the CPR (RSC Orders 45 and 46 and CCR Order 26).

CPR 83 was amended by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 with effect from 1 October 2020, aligning the procedures in the High Court and the County Court.

Family Court

The Family Court has all the

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