Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)

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

  • Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)
  • Enforcement—taking control of goods
  • Recovering commercial rent arrears (CRAR)
  • Common law rules replaced

Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)

This Practice Note provides an overview of the key changes in domestic enforcement brought about by the implementation in 2014 of Part 3 of the Tribunals, Courts and Enforcement Act 2007, notably the introduction of the taking control of goods (TCG) regime and the commercial rent arrears recovery (CRAR) procedure.

Coronavirus (COVID-19): For guidance on the changes to the TCG regime and CRAR procedure as a result of the coronavirus (COVID-19) pandemic, see Practice Note: Taking control of goods—legislative framework under TCEA 2007, Part 3—Coronavirus (COVID-19)—changes to the Taking Control of Goods Regulations and the Certification of Enforcement Agents Regulations.

In relation to the enforcement of domestic judgments it is Parts 3 and 4 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) which are of relevance:

  1. Part 3: Enforcement by Taking Control of Goods:

    1. Chapter 1 of this Part unified the existing provisions contained in RSC Orders 46-47 and CCR Order 26 concerning the seizure and sale of a judgment debtor’s goods in order to satisfy a judgment debt. It came into force with effect from 6 April 2014. There is now one unified procedure, TCG which is contained in TCEA 2007, sch 12 and related regulations (principally The Taking Control of Goods Regulations 2013, SI 2013/1894 and The Taking Control of Goods (Fees) Regulations

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