Enforcing a judgment or order for possession of land

Published by a ��˾��ҹ�� Property Disputes expert

Practice notes

Enforcing a judgment or order for possession of land

Published by a ��˾��ҹ�� Property Disputes expert

Practice notes

This Practice Note considers the procedure for enforcing a judgment or order for Possession of land. This can be either by High Court writ for possession or by County Court warrant for possession; with reference to CPR 83 and CPR PD 83.

CPR 83 provisions regarding writs and Warrants

CPR 83 and CPR PD 83 contain Rules governing the issue of writs and warrants.

For general guidance on CPR 83, see Practice Note: How to obtain a warrant of delivery.

For guidance on CPR 55 and claims for possession generally, see Practice Note: Possession proceedings.

Enforcement in the High Court—writ of possession

Where you have obtained a judgment or order for possession of land, it may be enforced in the High Court by any of the following:

•
a writ of possession
•
proceedings for contempt of court under CPR 81
•
where no such proceedings are brought, by a writ of sequestration

In relation to CPR 81, see: Contempt and committal—overview.

In relation to writs of sequestration, see Practice

Jurisdiction(s):

United Kingdom

Key definition:

Possession definition

What does Possession mean?

Possession in a construction context refers to having responsibility for/bearing the risk in the works. The contractor will usually have exclusive possession whilst it is carrying out the works—then at completion'>practical completion the employer takes back possession (and therefore takes on responsibility for insurance).

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