HL Deb 24 October 1990 vol 522 cc1382-3

22 Clause 13, page 12, line 35, after 'seize' insert '—(a)'.

23 Page 12, line 36, leave out '(a)' and insert '(i)'.

24 Page 12, line 39, leave out `(b)' and insert '(ii)'.

25 Page 12, line 41, at end insert:'and

(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.'.

26 Page 13, line 7, at end insert:

'(3) Where a person takes steps to enforce a judgment or order of the High Court or a county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.

(4) Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 22 to 26 en bloc. Those amendments all concern Clause 13 and goods which may be seized in execution.

Amendments Nos. 22 to 25 allow sheriffs executing writs of execution in the High Court to seize, in addition to the articles set out in Clause 13(1), money or things akin to money.

Amendment No. 26 allows successful plaintiffs, when enforcing judgment, to recover the costs of earlier reasonable but unsuccessful attempts to enforce the same judgment, in the same way as they are able to recover the costs of the enforcement which is eventually successful. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 22 to 26 en bloc. —(The Lord Chancellor. )

On Question, Motion agreed to.