Are you using Form N293A properly?

On 21 March 2016 the Senior Master issued a Practice Note (Applications for transfers for enforcement of possession orders to the High Court) to prevent the continued misuse of Form N293A in relation to enforcement of possession orders. Although the Practice Note discusses Form N293A only in relation to possession orders, it is considered that use of the form in relation to enforcement by taking control of goods remains unchanged.

Using Form N293A

The use of Form N293A in relation to enforcing possession orders is strictly for enforcement of possession orders against trespassers only and must not be used to seek to transfer County Court Possession Orders against tenants generally for enforcement to the High Court.

The Queen’s Bench Division Enforcement Section will not accept Form N293A for transfer to the High Court for enforcement of a possession order of the County Court other than for possession orders against trespassers.

The Practice Note reiterates that in cases of seeking to ‘transfer up’ a County Court possession order for enforcement in the High Court, permission of the court is required pursuant to CPR 83.13(8).

Further Guidance

Lexis®PSL Dispute Resolution subscribers can enjoy these practice notes:

• Enforcing a judgment or order for possession of land
• How do I instruct a High Court Enforcement Officer to take control of goods? (in relation to High Court writs of control)

Click here for a free trial to access if you are not a PSL subscriber.