Successful enforcement—knowing your defendant
Successful enforcement—knowing your defendant

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

  • Successful enforcement—knowing your defendant
  • When should you consider enforcement issues?
  • Know your defendant
  • Tools to obtain information
  • Unsuccessful enforcement attempts—costs recovery

This Practice Note highlights the need to correctly identify and know your defendant prior to issuing proceedings with the aim of improving your chances of a successful enforcement post judgment. It considers pre-issue and ongoing enquiries as well as tools that may be used to obtain information about the judgment debtor post judgment.

For information on the different methods of enforcement available and the distinction between High Court and County Court enforcement, see Practice Note: Which enforcement of judgment method should I choose?

When should you consider enforcement issues?

It cannot be overstated that the issue of enforcement—the actual act of recovering the debt or property for which your client commenced proceedings in the first place—should be foremost in your mind at the point of initial receipt of instructions from your client. This is because the degree of success of enforcement of a judgment or order finally obtained from the court will, in large part, be determined by certain factors concerning the claim which it is critical to consider at the outset of the matter. These include:

  1. proper identification of the correct party to sue—your pre-issue investigations should have identified the correct party(ies) to sue and you should ensure that your claim form properly reflects this. Confusion can arise where there are multiple parties and/or, eg, where you are suing corporates and their directors or, eg partners

Popular documents