Writ

A writ is a formal written order issued by, or in the name of, a court. Historically almost all civil claims in the High Court were commenced by writ, but under the modern Civil Procedure Rules most proceedings are now begun by a claim form instead. Two important uses of the writ survive in current practice: as the High Court's mechanism for enforcing a money judgment against a debtor's goods, and as the vehicle for the ancient prerogative writ of habeas corpus, which is used to challenge the lawfulness of a person's detention.

In enforcement, a successful claimant with an unpaid High Court judgment can apply for a 'writ of control', which is the High Court's equivalent of the county court 'warrant of control'. A warrant, or writ, of control gives certified enforcement agents the authority to take goods from the defendant's home or business and sell them to settle the debt. To apply for a writ of control the judgment creditor sends a certificate of judgment to the court, after which the court issues the writ to a certified enforcement agency covering the debtor's address.

The oldest surviving writ, habeas corpus, is used to require a person holding someone in custody to justify the detention before a judge. Under the procedural rules governing such applications, an application for a writ of habeas corpus ad subjiciendum must be made to a judge in court, and where the writ is ordered to issue, the court gives directions as to the date on which it is to be returned, so that the person restrained can be brought before the court and the legality of their detention examined.