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Rule 83.17 Warrant of control or warrant of delivery – execution of High Court judgmentF1

(1)

Where it is desired to enforce by warrant of control or warrant of delivery—

(a)

a judgment or order of the High Court; or

(b)

a judgment, order, decree or award which is or has become enforceable as if it were a judgment of the High Court,

the request referred to in rule 83.15(3) may be filed in the County Court hearing centre which serves the address where execution is to be levied.

(2)

Subject to paragraph (3), any restriction imposed by these rules on the issue of execution will apply as if the judgment, order, decree or award were a judgment or order of the County Court.

(3)

Permission to issue execution will not be required if permission has already been given by the High Court.

(4)

Notice of the issue of the warrant will be sent by the County Court to the High Court.

Annotations

Textual amendments

F1

Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Notes on Part 83

Textual amendments

F2

Words in Pt. 83 Table of Contents omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(a) (with rule 2)

F3

Words in Pt. 83 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(b) (with rule 2)

F4

Words in Pt. 83 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(c) (with rule 2)

Modifications

C1

Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)