Q&As

Where a county court judgment is transferred to the High Court for enforcement and the debt has not been settled, which is the appropriate court to re-apply for enforcement, the High Court or the CCMCC, where the original judgment was obtained?

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Published on LexisPSL on 16/08/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a county court judgment is transferred to the High Court for enforcement and the debt has not been settled, which is the appropriate court to re-apply for enforcement, the High Court or the CCMCC, where the original judgment was obtained?
  • What is the new proposed method of enforcement?
  • Charging orders
  • Attachment of earnings
  • Third party debt order
  • Taking control of goods

Where a county court judgment is transferred to the High Court for enforcement and the debt has not been settled, which is the appropriate court to re-apply for enforcement, the High Court or the CCMCC, where the original judgment was obtained?

In certain situations, it is possible to transfer up a judgment of the County Court for enforcement in the High Court. This method of transfer is only available for certain processes of enforcement (see Practice Note: County Court judgments and orders—additional matters).

In this scenario, as the judgment has already been transferred up, CPR PD 70 should be considered. This provides that if for any reason proceedings for the enforcement of a judgment are transferred, the court will give notice of the transfer to all the parties (para 2.3, CPR PD 70) and that when the proceedings have been transferred, the parties must take any further steps in the proceedings in the court to which they have been transferred, unless a rule or practice direction provides otherwise (para 2.4, CPR PD 70). This therefore suggests that the application would be made to the High Court, unless a rule or practice direction provides otherwise. Unless of course ‘steps in the proceedings’ is limited to the steps in that particular enforcement process as opposed to more generally.

What is the new proposed

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