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: 11 July 2018
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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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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