Rule 83.22 Warrants – withdrawal and suspension of warrant at creditor’s requestF1
This rule applies if any of the following warrants has been issued—
a warrant of control;
any other warrant conferring the power to use the TCG procedure; or
a warrant of delivery.
Where a creditor requests the court to withdraw the warrant, subject to the following paragraphs of this rule—
the creditor will be treated as having abandoned the goods; and
the court will mark the warrant as withdrawn by request of the creditor.
Where the request is made in consequence of an application having been made under Part 85, the enforcement power ceases to be exercisable in respect of the goods claimed.
If the court is requested by the creditor to suspend the warrant because of an arrangement with the debtor, the court will mark the warrant as suspended by request of the creditor and the creditor may subsequently apply to the court for it to be re-issued.
Nothing in this rule will prejudice any right of the creditor to apply for the issue of a fresh warrant or will authorise the re-issue of a warrant which has been withdrawn or has expired or has been superseded by the issue of a fresh warrant.
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)