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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Manner of carrying out sale

Rule 2—(1) Where an order is made directing any land to be sold, the Court may permit the party or person having the conduct of the sale to sell the land in such manner as he thinks fit, or may direct that the land be sold in such manner as the Court may either by the order or subsequently direct for the best price that can be obtained, and all proper parties shall join in the sale and conveyance as the Court shall direct.

(2) The Court may give such directions as it thinks fit for the purpose of effecting the sale, including, without prejudice to the generality of the foregoing words, directions—

(a)appointing the party or person who is to have the conduct of the sale;

(b)fixing the manner of sale, whether by contract conditional on the approval of the Court, private treaty, public auction, tender or some other manner;

(c)fixing a reserve or minimum price;

(d)requiring payment of the purchase money into Court or to trustees or other persons;

(e)for settling the particulars and conditions of sale;

(f)for obtaining evidence of the value of the property;

(g)fixing the security (if any) to be given by the auctioneer, if the sale is to be by public auction, and the remuneration to be allowed him;

(h)requiring an abstract of the title to be referred to conveyancing counsel of the Court or some other conveyancing counsel for his opinion thereon and to settle the particulars and conditions of sale.

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