Enforcing possession orders

The procedure ought to be straightforward – a simple application form for a warrant of possession sent to the county court for onward transmission to the court bailiffs.

However, many practitioners are seeking to avoid what they see as a slow and often ineffective method of enforcement. Instead of trying to get the county court bailiffs to enforce the order, they are attempting to use the High Court Sheriffs instead, perceiving that they may be quicker and more determined if somewhat more expensive than their county court counterparts.

In order to try and do this they are relying on court form N293A – 'Combined certificate of judgment and request for write of “fieri facias” or “writ of possession”. Those couple of odd words are Latin and relate to execution for goods, but it is the 'writ of possession' which interests us.

In effect it is a request for a transfer of enforcement duties from the county court to the High Court – and it is a wasteful process. The form only has to be endorsed by an 'Officer of the Court', that is, a member of the county court staff, not a judge.

Why is it so wrong?

Simple – the only possession matters that can be transferred administratively from the county court to the High Court are trespassing cases. Mortgage possession cases have to stay with the county court for enforcement.

Judges discovered that some unsuspecting staff were transferring such cases at the request of crafty practitioners because the staff were unaware of the strict limitations on transfer. Hopefully a stop has now been put to this. For those disappointed at not being able to avail themselves of the sheriff's services, there is one alternative – an application to transfer to the High Court on notice to the defendant, which will be heard by a judge.

However, we have not seen many of these.