Rule 83.5 Writs and warrants – separate enforcement of costsF1

(1)

Where—

(a)

judgment is given or an order made for—

(i)

payment of a sum otherwise than by instalments (“the sum”); and

(ii)

costs to be assessed; and

(b)

default is made in payment of the sum before the costs have been assessed,

a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.

(2)

If—

(a)

paragraph (1) applies;

(b)

a writ or warrant is issued for the recovery of the sum;

(c)

the costs are assessed; and

(d)

default is made in payment of the costs,

a separate writ of control or warrant of control may be issued for the recovery of the costs.

(3)

A party entitled to enforce a judgment or order of the High Court for—

(a)

the delivery of any property, other than money; or

(b)

possession of any property,

may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

(4)

A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

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)