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S.I. No. 17 of 2014 - provisions overview

1 — GENERAL

1 Definitions

1.^[1] In this Order, unless the context or subject matter otherwise requires—

“warrant of execution” or, when used without qualification, “warrant” includes a warrant to seize property, a warrant of delivery of goods and a warrant for possession.”

2 Stay of execution

2. (1) The Court may stay execution of any judgment or order.

(2) The Court may stay execution of an order, or make any order that the nature of the case requires, on the ground of matters occurring after the order was made.

3 Duration of judgments

3. (1) Judgments remain in full force and effect for twelve years from the date on which they were given or made, but no judgment may be executed after six years from the date on which it was given or made without permission of the Court.

(2) An application for permission to execute after six years must be made by notice of motion, which must be served on the person sought to be made liable.

4 Change of parties

4. (1) If, at any time during the period of twelve years for which a judgment remains in force, a change takes place, by death, assignment or otherwise, in the parties, a party may apply to the Court on notice served on the other party to have the judgment amended accordingly.

(2) If satisfied that the party applying under sub-rule (1) is entitled to execution, the Court may make any appropriate order and may make any amendment to a judgment required to give effect to that order and may impose such terms as to costs or otherwise as appear just.

5 Execution against two or more persons

5. (1) If a judgment is given or made against two or more respondents jointly, the judgment or order may be enforced by warrant or otherwise against any of the respondents as if the order had been made against that respondent separately.

(2) If an order against two or more respondents jointly is satisfied by any of the respondents, no further steps may be taken against any other respondent by the party in whose favour the order so satisfied was made.

6 Execution against partners

6. (1) Where a judgment or order is against a firm, execution may issue:

(a) against any property of the partnership within the State;

(b) against any person who has appeared in his own name under Order 43, rule 22 and has failed to deliver a defence, or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner.

(2) If the person who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he or she may apply to the Court on notice to that other person for permission to do so.

(3) The Court may give permission to issue execution if the liability is not disputed. If the liability is disputed, the Court may order that the liability be tried and determined in any manner in which any issue or question in any action may be tried and determined.

(4) Except as against any property of the partnership, a judgment against a firm does not render liable, or otherwise affect any member of the partnership who was out of the State when the claim notice or other document commencing the civil proceedings was issued, and who has not entered an appearance unless he has been made a party to the civil proceedings under Order 43, or has been served within the jurisdiction after the claim notice or other document commencing the civil proceedings was issued.

7 Application of certain rules, practice and procedure of Circuit Court

7. Subject to this Order and except where otherwise expressly provided by these Rules, the rules, practice and procedure of the Circuit Court which apply to or are adopted by a County Registrar in the execution of warrants of execution apply, with such modifications as are necessary, to the execution of warrants to seize property and warrants of delivery.

8 Execution by another County Registrar

8. A warrant addressed to a County Registrar may be executed by another County Registrar if the person against whom the warrant has been issued has goods within the county for which that other County Registrar acts.

2 — SEIZURE OF GOODS IN SATISFACTION OF JUDGMENT FOR MONEY OR COSTS

9 Execution by County Registrar

9. (1) Judgments for the recovery of money or judgments or orders for costs require all Sheriffs and County Registrars to take in execution the goods of the respondent or of the claimant, as appropriate, to satisfy the debt, costs, value-added tax, expenses, and interest on the debt, as the case may be.

(2) A warrant for signature by the County Registrar authorising execution may be added to every judgment for the recovery of money or judgment.

(3) Warrants authorising execution of judgments for the recovery of money or judgments or orders for costs and warrants for the recovery of rates must be addressed for execution to:

(a) the County Registrar for the county in which the Court area is situated; or

(b) where the Court area comprises portion of two or more counties, to the County Registrar of that county comprising the portion of the Court area in which the person against whom the judgment or order was made resides or carries on any profession, business, or occupation.

10 Execution of warrants

10. (1) Where a warrant is for the payment of money and goods are seized under the warrant the person to whom the warrant is addressed may sell the goods by auction within the period fixed by the warrant or, if no period is so fixed, within one month from the day on which the goods were seized, unless the sum for which the warrant was issued and the expenses of taking and keeping the goods are paid before the goods are sold.

(2) Despite sub-rule (1), the Court may from time to time extend the period fixed by the warrant or provided by these Rules for sale by auction of goods seized under a warrant for a period of not more than one month from the day on which the period would otherwise expire and so on from time to time.

(3) Where goods are sold under sub-rule (1), the surplus, if any, after retaining:

(a) the amount to be levied; and

(b) all reasonable expenses actually incurred in auctioning the goods; and

(c) the expenses of taking and keeping the goods,

must be paid to the person from whom the goods were seized.

(4) The person conducting an auction under this rule need not procure a licence to act as an auctioneer.

(5) Where the person against whom a warrant under rule 2 is issued pays or tenders to the person responsible for the execution of the warrant the amount to be levied by the warrant, the person responsible for the execution of the warrant must refrain from executing the warrant.

(6) When any money is levied or paid to a court messenger under any warrant, the court messenger must give a receipt for the money.

11 Warrant to seize goods

11. (1) Where the Court has given judgment for a sum of money or made an order for the payment of a sum of money for costs, a Clerk may release a warrant to seize goods of the person against who the judgment or order has been made for the purpose of satisfying the judgment debt where:

(a) any Act under which the judgment was given or order was made either specifies no method of enforcement of the order or provides for enforcement by distress, and

(b) either—

(i) the time for appealing against the judgment or order has expired and no appeal has been brought, or

(ii) an appeal has been dismissed and the Circuit Court has not issued execution.

12 Issue of a warrant

12. (1) A warrant referred to in this rule is issued when the warrant is signed by the Judge and issued by the Clerk to the person requesting its issue.

(2) A warrant referred to in this rule must bear the date of its issue.

13 Duration of a warrant of execution

13. (1) A warrant is valid for the purpose of execution for one year after the day it is issued.

(2) Despite sub-rule (1), the Court may from time to time extend the period of the validity of the warrant for the purpose of execution for a period of not more than one year from the day on which it would otherwise expire and so on from time to time.

(3) An extension under sub-rule (2) must not be made after the day of expiry of the warrant.

(4) An application for an order under sub-rule (2) may be made without notice to any person.

(5) A copy of an order under sub-rule (2) must be delivered to the County Registrar by the party obtaining the order.

(6) The priority of a warrant in respect of which an extension under sub-rule (2) had been made must be determined by reference to the date on which the warrant was originally delivered to the person to whom it is directed.

3—WARRANTS OF DELIVERY

14 Warrant of delivery

14.^[2] (1) If an order is made by the Court—

(a) for delivery of goods; or

(b) for delivery of goods or recovery of their assessed value—

a Clerk may issue and sign in accordance with Order 35 a warrant of delivery.

(2) If the order of the Court is for the assessed value of goods only, the order may be enforced by the same means as any other order for the payment of money.

4—WARRANTS FOR POSSESSION

15 Warrant for possession

15. (1) In this rule, “land” has the same meaning as in section 3 of the Land And Conveyancing Law Reform Act 2009 .

(2) In any case in which the Court is empowered to make, and makes in any proceedings, an order which has the effect of—

(a) requiring a person to vacate, or deliver up possession of, any land; or

(b) requiring a person to be put into possession of, any land,

a Clerk may, subject to the provisions of this rule and to the terms of the order of the Court, issue and sign in accordance with Order 35 a warrant for possession of the land specified in the order, which may be in the Form 51.01, Schedule C, with such modifications as are necessary, when the order is made, or at any time not exceeding six months after the date on which the order becomes enforceable.

(3) After the expiration of six months from the date on which the order becomes enforceable, a warrant may only be issued on application to the Court by the claimant, or the successor to or assignee of the estate or interest of the claimant, by motion in the proceedings in which the order was made, on notice to the respondent.

(4) A warrant for possession may not issue under this rule at any time when the order mentioned in sub-rule (2) has not taken effect in accordance with its terms or is stayed, whether by order of the Court or otherwise.

(5) An application to the Court to stay execution of an order mentioned in sub-rule (2) or to postpone the date of possession may be made by motion in the proceedings in which the order was made, on notice to the other party or parties to those proceedings. In a case of urgency, however, the application may be made ex parte on the lodgment of the notice of motion with the Clerk and where the Court grants such application the Clerk shall forthwith notify the other party or parties to those proceedings accordingly.

(6) A warrant for possession must be addressed for execution to the County Registrar or Sheriff for the county in which the land is situated.

[1]     Order 51 rule 1 substituted by SI 497 of 2020, effective 10 November 2020.

[2]     Order 51 rule 14 substituted by SI 497 of 2020, effective 10 November 2020.