Information hearing—introduction and the hearing

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

  • Information hearing—introduction and the hearing
  • Why seek an information hearing under CPR 71?
  • ‘Anterior’ to enforcement of a judgment
  • Foreign judgments and CPR 71
  • CPR 71 and unquantified money judgments
  • What information about the debtor's means might you seek under a CPR 71 information order?
  • How much information can be sought?
  • Scope of an information order under CPR 71
  • Control
  • The hearing pursuant to an information order under CPR 71
  • More...

Information hearing—introduction and the hearing

Why seek an information hearing under CPR 71?

Enforcing a judgment or order can be a timely, expensive and sometimes uncertain process. Judgment debtors can often prove evasive as to their whereabouts and/or those of their assets against which judgment can be enforced. The different methods of enforcement can be complex. As a consequence, often one of the most difficult aspects of enforcement is deciding which enforcement route to pursue.

The more the creditor knows about the debtor and his assets, the more effectively he can target enforcement—an information hearing under CPR 71 can assist with this. Prior to and throughout proceedings, a party should keep a note of any details that arise about the other parties' assets, their location and, where appropriate, any changes in corporate ownership or management. These factors can influence the choice of enforcement method once a judgment has been obtained (see Practice Notes: Successful enforcement—knowing your defendant and Which enforcement of judgment method should I choose?).

‘Anterior’ to enforcement of a judgment

CPR 71 can be used in isolation to gain information about the judgment creditor. It has been held to be ‘anterior to enforcement’ (Schefenacker v Horvat at para [18]) and puts the judgment creditor into a position where they might thereafter be able to enforce the judgment, but is not ‘part and parcel’ of the enforcement process

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