PRACTICE DIRECTION 83 - WRITS AND WARRANTS – GENERAL PROVISIONS
See also Part 83
| Contents of this Practice Direction | |
| Title | Number |
| Section I – Scope and interpretation | |
| Scope | Para. 1. |
| Writs and warrants other than those conferring a power to use the TCG procedure- duration and priority - Rule 83.3 | Para. 2. |
| Section III– Writs | |
| Forms of writs | Para. 3. |
| Writs other than those conferring a power to use the TCG procedure– order for sale otherwise than by auction - Rule 83.12 | Para. 4. |
| Application for warrant of control - Rule 83.15 | Para. 5. |
Part 83 – Section I – Scope and interpretation
Scope
1
In relation to writs and warrants that relate to taking control of goods, Part 83 should be read in conjunction with-
(1) Part 84, which contains rules specifically in relation to taking control of goods; and
(2) the Taking Control of Goods Regulations 2013, which can be found at www.justice.gov.uk/courts/procedure-rules
Writs and warrants other than those conferring a power to use the TCG procedure- duration and priority - Rule 83.3
Part 83 – Section III– Writs
Forms of writs
3.3
A writ of possession must be in Form 66 or 66A in Practice Direction 4, whichever is appropriate.
Writs other than those conferring a power to use the TCG procedure– order for sale otherwise than by auction - Rule 83.12
4.1
Rule 83.12 only applies in relation to writs that do not confer a power to use the procedure in Schedule 12. The rule therefore applies in relation to the following writs-
(a) writs of delivery where there is no element of taking control of goods; and
(b) ecclesiastical writs.
4.2
Schedule 7 of the Courts Act 2003 applies in relation to such writs. Paragraph 10(3) of that Schedule provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by these Rules has been given to the other execution creditor or creditors.
Application for warrant of control - Rule 83.15
1
In relation to writs and warrants that relate to taking control of goods, Part 83 should be read in conjunction with-
(1) Part 84, which contains rules specifically in relation to taking control of goods; and
(2) the Taking Control of Goods Regulations 2013, which can be found at www.justice.gov.uk/courts/procedure-rules
3.3
A writ of possession must be in Form 66 or 66A in Practice Direction 4, whichever is appropriate.
4.1
Rule 83.12 only applies in relation to writs that do not confer a power to use the procedure in Schedule 12. The rule therefore applies in relation to the following writs-
(a) writs of delivery where there is no element of taking control of goods; and
(b) ecclesiastical writs.
4.2
Schedule 7 of the Courts Act 2003 applies in relation to such writs. Paragraph 10(3) of that Schedule provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by these Rules has been given to the other execution creditor or creditors.