Rule 84.4 Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum periodF1

(1)

This rule applies where a person seeks an order under regulation 6(3) of the TCG Regulations that a shorter notice period than the minimum period for taking control of goods set out in regulation 6(1) of those Regulations be given to the debtor.

(2)

The person may make an application for the order.

(3)

The application—

(a)

may be made without notice; and

(b)

must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.

Annotations

Textual amendments

F1: Pt. 84 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 84

Modifications

C1: Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)