Equitable execution

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Equitable execution
  • What is equitable execution?
  • Using equitable execution—practical considerations
  • Which assets are available to an equitable receiver?
  • Foreign debts
  • Effect of an order for equitable execution
  • Making the application for equitable execution
  • Application notice
  • Evidence
  • Directions
  • More...

Equitable execution

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

What is equitable execution?

Equitable execution facilitates the recovery of a judgment debt. A receiver is appointed. The receiver effectively manages the income from the debtor’s assets and makes payment(s) to a judgment creditor(s) to discharge the judgment debt.

It is important to be aware that this is a different type of receiver to those encountered in insolvency. Equitable execution is not an insolvency process and the creditor does not receive a proprietary interest or secured status.

While it appears that the receiver can also manage the asset to continue operating and producing an income, technically, they do not.

Equitable execution is neither a particularly straight forward nor cheap method of enforcement and, often times, obtaining a third party debt order will be a better option for enforcing a judgment debt. However, there are instances where a third party debt order cannot be obtained and, in such cases, equitable execution may be a more appropriate option.

Equitable execution is largely governed by case law. There is some statutory authority and this is found in section 37 of the Senior Courts Act 1981 and sections 38 and 107 of the County

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