2012Enforcement—when leave required

2012 Enforcement—when leave required (1) A person entitled to enforce an order requires the court’s leave to start an enforcement proceeding in the following circumstances: (a) if the proceeding would be started more than 6 years after the day the order is made; (b) if the order is against any of the assets of a deceased person coming to the hands of an executor or administrator after the order was made; (c) if the order is subject to a condition; Note See r 2014 (Enforcement—conditional orders). (d) if enforcement is sought as mentioned in rule 2006 (3) (Enforcement—order in partnership name); (e) for a money order—if there has been any change in the enforcement creditor or enforcement debtor, whether by assignment, death or otherwise; (f) if the order is for delivery of possession of land and a person other than the person against whom the original order for possession of land was made is in possession of the land or part of it; Note See r 2452 (2) (Orders for delivery of possession of land— preconditions). Rule 2012 (g) if the order is against property in the hands of a receiver appointed by the court; (h) if the order is against property in the hands of a sequestrator; (i) if the order is against a future asset of the enforcement debtor; (j) if the proceeding is an application for an enforcement order in aid of another enforcement order. Note The Limitation Act 1985, s 14 makes provision for a 12 year limitation period in relation to the bringing of an action on a cause of action on a (2) An application for leave to start an enforcement proceeding need not be served on anyone unless the court otherwise orders on its own (3) An application for leave to start an enforcement proceeding must be accompanied by an affidavit in support of the application. (4) The affidavit in support must state— (a) that the order has not been fully complied with; and (b) the extent (if any) to which the order has been partly complied with; and (c) that the applicant is entitled to enforce the order; and (d) that the person against whom enforcement is sought is liable to comply with the order; and (e) if it is more than 6 years since the day the order was made—the reasons for the delay; and (f) for a money order— (i) the amount (including any interest and costs) owing on the day the affidavit is made (the affidavit date); and Rule 2013 (ii) the daily amount of any interest that, subject to any future payment under the order, will accrue after the affidavit (iii) if there has been a change in an enforcement creditor or enforcement debtor—the change that has happened. (5) The affidavit must be sworn not earlier than 2 days before the day the application for leave is filed in the court.