Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Sequestration definition

What does Sequestration mean? In Scottish insolvency practice, sequestration is the bankruptcy process for an insolvent individual or partnership, under which the debtor’s estate is taken into custody and vested in a trustee for the benefit of creditors. It is governed by the Bankruptcy (Scotland) Act 2016. An award of sequestration may follow a debtor application to the Accountant in Bankruptcy (AiB) or a creditor petition to the sheriff court. On award, most assets vest in the trustee in sequestration; diligence is stayed; claims are adjudicated; and assets and income (via any Debtor Contribution Order) are realised to pay a dividend....

CPR 83 writs of sequestration to enforce judgments: when available and how to apply, serve and issue (England and Wales)

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Practice notes

Introduction

This Practice Note reviews the rules governing writs of Sequestration for enforcing a judgment or order under CPR 83, where no Contempt of Court proceedings are pursued. If an application seeks confiscation of assets as a sanction for contempt of court, it falls within CPR 81 (see CPR 83.1(3)), and guidance is available in Practice Note: Civil contempt proceedings—confiscation of assets (‘writs of sequestration’). It focuses solely on enforcement by sequestration, not on punishing contempt.

Relevant provisions in the CPR

From 6 April 2021, the provisions relevant to writs of sequestration used to enforce a judgment or order are found in CPR 83. For the purposes of CPR 83, a ‘writ of Execution’ expressly includes a writ of sequestration (CPR 83.1(2)(l)). Historically, the now-revoked rule 83.2A required that any application for permission to issue a writ of sequestration be made in accordance with Part 81, which was preserved for that purpose as it stood before 1 October 2020. With rule 83.2A removed, Part 81 no longer applies to writs of sequestration, save for applications lodged before 6 April 2021. Accordingly, applications made after that date proceed entirely under CPR 83 practically.

When is a writ of sequestration used?

A...

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Web page updated on 21/05/2026

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