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Issue of writs of execution and writs of control

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The High Court Enforcement Officers of Shergroup are far more than simply executors for the writs of control. They also handle other types of court orders, each with its own unique purpose and function to ensure justice is properly served.

The other High Court writs cover:

  • Writ of possession (for landlords and property owners)
  • Writ of restitution (for landlords and property owners)
  • Writ of delivery (for judgment creditors and brand owners)
  • Writ of sequestration (for judgment creditors)
  • Writ of assistance (judgment creditors, landlords and property owners)

With their own unique labelling, writs of execution are a collection of court orders that allow for the enforcement and implementation of judicial judgments. Writs of execution are the legally enforceable commands that allow a court to exercise its authority, including levying fines and seizing property. The term refers collectively to many individual writs such as orders for seizure or foreclosure.

Writ of possession

Evicting trespassers or squatters from land can be a difficult task without the help of an HCEO. That’s why when cases like this arise, they must first pass through the High Court to secure enforcement by these specialist officers using judgments and orders made in County Courts as validation for their actions. This ensures that all parties are treated fairly with the due process being followed at every step.

The High Court represents the highest form of judicial authority, and its judgments or orders can only be enforced by a qualified HCEO. This is particularly pertinent when it comes to eviction proceedings; in cases where trespassers are occupying either land or commercial property and they refuse to vacate upon request. The issuing County Court may grant special permission for an order of possession to pass onto the higher court – ensuring that justice will ultimately prevail.

Writ of restitution

The High Court Enforcement Officer (HCEO) can make use of this writ to ensure trespassers are evicted from a commercial property or land under possession and stay away. This document equips the HCEO with authority so they may re-exert control if any trespasser should again unlawfully access the same space.

A writ of restitution is the legal means to remove trespassers from commercial property or land. If an individual refuses to leave after a successful eviction, this powerful document grants HCEOs permission for re-entry and immediate removal – ultimately upholding justice and protecting landowners’ rights.

Writ of delivery

Companies facing debts often rely on writ of delivery to secure goods that customers have not yet paid for. The document is also essential when claimants seek recovery and equitable compensation rather than simple payments, such as in the case of intellectual property infringements with counterfeit products needing seizure. There are two forms associated with a Writ – Form 64 seeking damages, costs or retrieval of goods; and Form 65 targeting value damage repayment or restitution in kind thereof plus any consequential losses sustained through said infringement.

Writ of sequestration

In the event of non-payment, a judgment creditor may be able to take legal action in order to obtain payment. By personally serving an official notice with a warning about potential enforcement by writs of sequestration, creditors can protect their ability to request such coercive steps if necessary.

Judgment creditors have the power to collect from debtors through a writ of sequestration if they fail to comply with an order within the given time limit. To exercise this right, subpoenas must be personally served and include wording that warns recipients against refusing payment; failure to do so could result in enforced collection action by court-ordered means.

Writ of assistance

A writ of assistance is a legal document obtained to ensure the successful enforcement of possession or delivery orders. It grants an Enforcement Agent (EA) access – for example, providing assistance in gaining entry into a safe containing documents specified by the order. In certain situations, such aid may be necessary when normal means fail.

A writ of assistance is a powerful court-approved method for ensuring that justice prevails. It’s commonly used when normal enforcement measures are not proving effective – like in cases where documents must be retrieved from an inaccessible safe, and all attempts have been exhausted to do so. In these time-sensitive situations, the courts take action by granting access via this power-filled legal instrument: The Writ of Assistance.

In this rule ‘the appropriate office’ means—

  • Execution of judgments can now be issued from a District Registry, giving the court an added layer of jurisdiction.
  • The Principal Registry of the Family Division is host to a variety of court proceedings, providing justice for those in need.
  • Admiralty and Commercial cases, heard outside a District Registry, are dealt with in the specialized Admiralty and Commercial Registry. Here unique proceedings for maritime or trade disputes can be settled before seasoned experts familiar with these matters.
    • Chancery Division Chancery Chambers provides a centralised environment for legal proceedings to take place. It is an essential space in the judicial system dedicated solely to hearing and deciding disputes between parties involved in civil law cases.
  • The Central Office of the Senior Courts is a legal cornerstone for any other case.

(2) When a court order has been finalized, an official writ of execution or control is issued and sealed by the relevant judicial office. This formalizes and enforces legal obligations as stipulated in the ruling.

(3) Before a writ can be granted, the court must first receive an official petition for its issuance.

(4) The request must be signed—

  • An individual’s right to execute their own decision is enshrined in law. or
  • A legal representative, acting on behalf of someone who has the right to demand fulfillment or payment, may call for execution.

(5) Subject to paragraph

(5A), the writ will not be sealed unless at the time it is presented for sealing—

  1. The person presenting the writ produces
  • A writ is a form of judicial remedy that orders action or serves as a notification to appear in court. It can be issued on the grounds of an order or decision made by a judge, served as official notice for parties involved in litigation.
  • Obtaining permission to issue a writ was an essential step in the legal process, so proof of its granting had to be documented.;
  • A judgment against a State, as defined by the 1978 Immunity Act’s section 14, has been entered for failure to acknowledge service. The evidence confirms that with Rule 40.10 procedures in effect, this judgment is now enforceable.

(b) The court officer has declared that the time to pay money or take action ordered by a judgment is up, allowing all obligations related to it officially sealed.

(5A) When enforcing a section 33D termination of agreement issued under the Immigration Act 2014, it is mandatory to submit an accompanying copy of that notice alongside any possession requests instead of standard court orders.

(6) Every writ of execution or control will bear the date of the day on which it is issued.

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Last updated | 19 July 2023

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