How to obtain a writ of delivery


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

How to obtain a writ of delivery


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below.

What is a writ of delivery?

Where a claimant brings a successful claim seeking the return of specified goods, the High Court may make an order compelling the defendant to ‘deliver’ those goods to the claimant. A writ of delivery is the means by which that order is executed if the defendant fails to comply. It is a document issued by the High Court instructing High Court Enforcement Officers to cause the goods to be delivered by the defendant.

A writ of delivery is included in the definition of a ‘writ of execution’ in CPR 83.1(2)(l)—be aware that section 23(1) of the Partnership Act 1890 provides that a writ of execution may not be issued against any partnership property, unless it is in respect of a judgment against the partnership

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