Central Office of the High Court of Justice

Mr Frankham made this Rhyddid Gwybodaeth request to Gwasanaeth Llysoedd a Thribiwnlysoedd EM

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Her Majesty’s Courts and the Tribunals Service,

Please provide the address of the Central Office of the High Court of Justice.

Please confirm what High Court Writs are issued from this central office and if they are required to be put before a High Court Judge or if the only requirement is for the writ to be sealed by court staff.

Please supply all information you have recorded and have a policy in place for , especially relating to Writs of Possession, are these writs required to be placed before a judge before being issued and sealed.

Yours faithfully,

Mr Frankham

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good afternoon,

 

Please find attached acknowledgment of your FOI request.

 

Regards

 

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts ü Please
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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good morning

 

Please see attached response to your Freedom of Information request

 

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for the in-depth reply which is extremely helpful.

One point I would like some clarification on is on how a Combined Writ of Possession and Control (No 66) is treated, how much needs to be owed and must this writ be used together or is it an either or writ.

What I mean by either or is can the combined writ be used as a writ of possession only or a writ of control only.

Please also be so kind as to list the writ number for the rest of the writs.

Yours sincerely,

Mr Frankham

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr Frankham,

 

Please find attached acknowledgement to your FOIA request.

 

Kind Regards,

 

Knowledge and Information Officer

 

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts

 

For information on how HMCTS uses personal data about you please see:
[1]https://www.gov.uk/government/organisati...

 

 

dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for your response can you please provide the clarification rather than treating this as a new request.

Yours sincerely,

Mr Frankham

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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that your request has been received. We endeavour to provide a response to
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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr Frankham

Please see the attached response to your request (our reference 190228025)

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for listing the writ numbers and for clarifying that Writ 66.- Combined Writ of Possession and Control can be treated as both a Writ of Control and Possession do you mean treated as a Writ of Possession ( land) and Control ( goods/ money )?

And it can be used solely as a Writ of Possession only against persons known as opposed to persons unknown ( trespassers).

I am unsure as to the last bit where you say when it is used as a combined Writ of Possession and Control that the minimum £600 limit for a writ of control no longer applies when transferred up from the county court, because there is not set minimum which must be owed.

Also can you clarify if when the combined writ when only used as Writ of Possession, must the control section in the title be struck out. In other words must it state Writ of Possession and nothing else.

This could be confusing especially when either PF 88 is a request for issue of Writ of Possession and a PF 86A is a combined request for a Writ of Control, Writ of Possession,Writ of Delivery.

Which one of these Pf forms are used for a Writ of Possession only.

Yours sincerely,

Mr Frankham

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr Frankham

Please see the attached response (our reference FOI 190228025)

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
consider the environment before printing.

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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank for your replies, it is interesting that no High Court Writ of Possession exists other than a combined writ that can be used for both. possession of land and taking control of goods. Can this be used for possession of domestic land and homes as well for taking possession of commercial premises/ land ( non- domestic)

And that if eviction is enforced by the possession of land and domestic property , that the control of goods element can be below £600 and this limit only applies if a Writ 66 is used for control of goods only, can the word 'Possession' also remain as you do not require the Applicant to strike out the word'Possession' .

There is no separate writ for possession only, but there is a separate Writ No. 53 for control only, is this so they can add solicitors costs to the writ no. 66 possession or must these combined writ no. 66 be used for an order for goods and a writ no.66A used for costs of action.

Can you please provide further clarification, are you saying that a Writ 66 Combined Writ of Possession and Control can be used as a Writ of Possession only and without the control element being struck out as you state the 'control' wording can be left in' and that this writ can be used against persons known living on domestic land/property and also for trespassers on commercial premises.

Therefore, are you saying a PF88 must be used to request a Writ 66 Possession for possession of domestic homes / land only or are you saying any of the other PF forms can be used in its place.

For example are you saying that a PF86A can be used for a Writ 66 for Possession only

It is very confusing, so can you please confirm which PF forms are used with which writs for instance a Writ No.66, for possession only for domestic property / land as opposed to commercial premises or does it not matter and can any of the following be used for domestic possessions.

PF86 request for a writ of control

PF86A request for a combined writ of control, writ possession, writ of delivery

PF87 request for writ sequestration

PF88 request for writ of possession

PF89 request for writ of possession and writ of control combined

PF 90A request for issue writ of specific delivery where the judgement or order does not give the alternative of paying the accessed value of the goods

PF 90B request writ of delivery where the judgment or order gives the alternative of paying the accessed value of the goods

PF 90C request writ of specific delivery (under rule 83.14 (2) (b) etc)

PF 91 evidence in support of application for permission to issue a writ of possession (rule 83.13)

PF 93 application to issue a writ of possession ( rule 83.13)

Yours sincerely,

Mr Frankham

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr Frankham

Please see the attached response to your enquiry.

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
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dangos adrannau a ddyfynnir