Q&As

Can a County Court judgment be transferred to the High Court for enforcement by way of a writ of control if there has been no default on instalment payments ordered by the County Court? The judgment debt amounts to £15,000 and does not relate to a Consumer Credit Act regulated agreement.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 11/07/2018

The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a County Court judgment be transferred to the High Court for enforcement by way of a writ of control if there has been no default on instalment payments ordered by the County Court? The judgment debt amounts to £15,000 and does not relate to a Consumer Credit Act regulated agreement.

A writ of control is, pursuant to section 62(4) of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007), the new terminology for the old writ of fieri facias. A writ of control is an enforcement measure which requires a High Court Enforcement Officer to take control of and thereafter sell by auction goods belonging to the debtor in order to obtain satisfaction of the judgment debt. Warrants of control are available for enforcement through the County Court.

Part 70 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 makes general provision for the enforcement of judgments and orders. Additionally, CPR Part 83 deals, amongst other things, with requests by a judgment creditor for the transfer of proceedings to the High Court for the purposes of enforcement. CPR 83.19 provides that where a

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