Practice Directions

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PRACTICE DIRECTION 12.1

WARRANTS OF ARREST OF JUDGMENT DEBTORS
(ORDER 49B, R.S.C.)

1.    Where a warrant of arrest has been issued under O.49B of the Rules of the Supreme Court, the judgment creditor or his solicitor shall:

(a) supply a copy of the warrant to the chef bailiff;

(b) provide the chef bailiff with a telephone number at which the judgment creditor or his solicitor can be reached.

2.    When instruction is given by solicitors to the Immigration Department for the name of a defendant to be placed on the Watch List, a copy of those instructions should be sent, at the same time, to the chef bailiff.

3.    This practice is intended to ensure that, if a judgment debtor, after arrest, has to be brought before a judge on a public holiday by the bailiff, the warrant and other documents will be available and the judgment creditor or his solicitor will have been notified to attend.

4.    Where a defendant obtains a discharge of a warrant which was issued under O.49B, the solicitor who obtained the original warrant should immediately advise both the Immigration Department and the chef bailiff.