Introduction to enforcement

How to approach enforcement

Enforcement is not something that should be considered only once a judgment or order has been obtained from the court. Instead, it should feature at the outset of initial investigation of a claim since it may dictate whom you sue, where, how and for what remedy.

For further guidance on the need to know your defendant and the tools available for obtaining information about your judgment debtor post judgment, see Practice Note: Successful enforcement—knowing your defendant.

We also provide a Checklist of considerations relevant when bringing a claim to an end: Ending a claim—checklist.

Which enforcement method to choose?

There are many methods of enforcement available under the CPR. The key to successful enforcement of a judgment is choosing the most appropriate method of enforcement. This will depend on the nature of the judgment,

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This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the 193rd Practice Direction update and the Court of Appeal decision in South Bank Hotel Management Company Ltd v Galliard Hotels Ltd (limitation); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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Dispute Resolution analysis: This case concerns a worldwide freezing order (WFO) which had been obtained on a without notice basis as against two overseas third parties under the Chabra jurisdiction. At the return hearing, the freezing order was discharged by the High Court, on the basis that the court lacked personal jurisdiction over the respondents. The judge held that none of the jurisdictional gateways within CPR PD 6B, para 3.1 applied. As such, and even though there was evidence to the effect that there was a risk of dissipation of funds, the lack of jurisdiction was decisive and led to the discharge of the WFO. The court also considered that there were breaches of the duty of fair presentation at the without notice hearing, but that these were not sufficient in themselves to justify discharging and not continuing (or reimposing) the order. Written by Georgia Whiting, legal counsel (contentious construction), Capita.

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