Writs of sequestration to enforce a judgment or order
Published by a LexisNexis Dispute Resolution expert
Practice notesWrits of sequestration to enforce a judgment or order
Published by a LexisNexis Dispute Resolution expert
Practice notes
Introduction
This Practice Note considers the rules relating to writs of Sequestration to enforce a judgment or order in CPR 83, in a situation where no proceedings for Contempt of Court are brought. Where an application is made seeking confiscation of assets as a punishment for contempt of court, this is dealt with in CPR 81 (see CPR 83.1(3)), for which guidance is provided in Practice Note: Civil contempt proceedings—confiscation of assets (‘writs of sequestration’).
Relevant provisions in the CPR
As of 6 April 2021, the relevant provisions in relation to writs of sequestration to enforce a judgment or order are contained in CPR 83. Note that in CPR 83, a ‘writ of Execution’ is defined to include a writ of sequestration (CPR 83.1(2)(l)).
Previously, the (now revoked) rule 83.2A had provided that an application for permission to issue a writ of sequestration must be made in accordance with Part 81, which had been preserved for that purpose as it stood before 1 October 2020. However, with the removal of rule 83.2A, Part 81 is no
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Sequestration definition
What does Sequestration mean?
The Scottish term for the bankruptcy of an insolvent estate of an individual or partnership. Technically, it is a person's estate which is sequestrated or set aside for the use of his creditors.
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