The following rule applies to warrants of possession, CPR 83.3: ‘83.3 • (1) This rule applies to— (a) writs of execution; (b) warrants of possession; and (c) warrants of delivery, other than writs of execution or warrants that confer a power to use the TCG procedure. • (2) A writ or warrant to which this rule applies is referred to in this rule as a 'relevant writ or

This Practice Note discusses the practical issues when considering the proprietary remedies (processes) of following and/or tracing in civil claims. For guidance on what following and tracing are and when they may be available, see Practice Note: Proprietary remedies—following and tracing. Following and tracing—not a remedy themselves Although following and tracing are often considered in the context of proprietary remedies, remember that following and tracing are processes and not, themselves, a cause of action or remedy. Being able to follow or trace an asset does not tell you whether the claimant has a legal claim against a person or in respect of property or what remedy (if any) might be available. You should therefore give appropriate consideration to the different causes of action that you may be able to assert and against whom, assuming the property can be followed and/or traced. While following and tracing is not confined to claims involving elements of dishonest or unlawful conduct, the different causes of action identified in Practice Note: Civil fraud—heads of claim are often accompanied by assertion

Where land is registered, any transfer of part of that land will need to be registered at HM Land Registry using form TP1 and a plan should be attached to this form identifying the land which is subject to the transfer. As indicated by HM Land Registry guidance document: Guidance for preparing plans for HM Land Registry applications, the seller/landlord must sign the plan to the transfer or lease. Where the seller/landlord is a company, the plan should be signed by officers of the company with authority to sign on behalf of the company. The officers of the company whose signatures

On dissolution of a company, all property and rights vested in, or held on trust for, the company immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy of Lancaster or Duke of Cornwall if the company’s registered office was in Lancaster or Cornwall respectively). This excludes property held by the company on trust for any other person. The Crown may choose to sell the property if it has value. Otherwise, the Crown may disclaim it. It has three years from the date of the vesting coming to the Treasury Solicitor’s knowledge or 12 months from receipt of notice from a person interested in the property to

Service charges on conveyance to a freehold—the ‘estate rentcharge’ If the defaulting occupier is now a freeholder then the service charge referred to is in fact an estate rentcharge. When a long leaseholder acquires the freehold interest of his property, the rights and obligations follow from one to the other (section 34 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993)). However, it is not possible to have a service charge against a freehold title. Pursuant to LRHUDA 1993, s 34(6), the service charge automatically becomes payable as an ‘estate rentcharge’. Estate rentcharges are governed by the Rentcharges Act 1977 (RcA 1977). An estate rentcharge is paid by a ‘rent payer’ to a ‘rent

Orders for sale Where a person has obtained a charging order over a property, they can, in appropriate circumstances, apply to court for an order for sale of that property so that they can recover the monies which they are owed by the debtor who owns the property. An application can be made pursuant to CPR 73.10C. Persons liable for council tax Section 6 of the Local Government Finance Act 1992 (LGFA 1992) sets out when a person is liable for council tax. LGFA 1992, s 6(2) contains a list of persons who can be liable. LGFA 1992, s 6(1) stipulates that the person who is liable for council tax in respect of a particular property is the first applicable person in the LGFA 1992, s 6(1) list, starting at the top of the list and then

This Q&A assumes that a new fixed term tenancy was created in place of the statutory periodic tenancy that arose on expiry of the fixed term of the assured shorthold tenancy. The tenant's original occupation under an assured tenancy should not have any bearing. A tenancy which begins

Forfeiture of a lease can be effected either by the service of legal proceedings or by peaceable re-entry. In the latter case, the landlord enters the property and changes the locks without there having been any involvement from the courts. If the landlord re-enters and there are goods in the property, the landlord will become bailee of them. Where a person becomes bailee of goods, the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) sets out the procedure which they have to follow before they can sell the goods. T(IG)A 1977, s 12(3)(a) permits a bailee to sell goods after having given notice to the bailor of the bailee’s intention to sell the goods. T(IG)A 1977, s 12(3)(a) provides that such notice must be given in accordance with T(IG)A 1977, Sch 1, Pt

Time to pay CPR 40.11 provides that: ‘A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless— (a) the judgment or order specifies a different date for compliance (including specifying payment by instalments); (b) any of these Rules specifies a different date for compliance; or (c) the court has stayed the proceedings or judgment’ For further information, see Practice Note: Judgments and orders—drafting and formalities, in particular the section: Money claims—time for payment and payment by instalments. Appeal The only way to challenge the final decision

Keeping on account payments CPR 44.2(8) states that 'where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable amount on account of costs, unless there is good reason not to do so'. It does not state whether the respondent can keep the money that has been paid under the payment on account of costs order. The purpose of such order is to ensure that a party maintains a cashflow pending detailed assessment of costs which is a process which

This Q&A refers to a members' voluntary liquidation (MVL), creditors' voluntary liquidation (CVL) or compulsory liquidation, not s 110 demerger (section 110 of the Insolvency Act 1986 (IA 1986)). MVL The articles of association of a company usually provide that the liquidator may, with the sanction of an extraordinary resolution of the company (and any other sanction required by the Companies Act 1985), divide among the members in specie or kind the whole or any part of the assets of the company and for such purposes set a fair value on the property. It is usual to pass such an authorising resolution contemporaneously with, or as part of, the special resolution to wind up, although it can also be passed at a later date. Where appropriate, a special resolution may also be similarly passed under IA 1986, s 110(3)(a) authorising the liquidator to transfer the business or assets for consideration in specie receivable by the members in accordance

Leaving aside technical definitions of what constitutes ’execution’, it is counterintuitive that a person could be made bankrupt on a judgment debt upon which execution has been stayed. On one view bankruptcy itself is a species of execution. ’Execution’ means…the process for enforcing or giving effect to the judgment of the court…’ per Lord Denning in Re Overseas Aviation Engineering (G.B.). This view obtains indirect support from Bishopsgate v Maxwell (No 2) where the Court of Appeal stayed execution pending appeal but with an express exception for presentation of a bankruptcy petition. If a bankruptcy petition could normally be presented despite a stay of execution, there was no need for the express exception in the order. However that may be, one of the basic