Which enforcement of judgment method should I choose?

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

  • Which enforcement of judgment method should I choose?
  • Definitions—judgment debtor, judgment creditor and judgment debt
  • Successfully obtained judgment, what next?
  • Enforcing a money judgment—available methods
  • Taking control of the debtor's goods
  • Charging order over the debtor's land or securities
  • Third party debt orders (TPDO) in respect of money owed to the debtor
  • Attachment of the debtor's earnings
  • Income from the debtor's assets—equitable execution
  • Enforcing a non-money judgment—available methods
  • More...

Which enforcement of judgment method should I choose?

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.

This Practice Note on domestic enforcement outlines the different methods of enforcement available depending on the nature of your judgment and who the judgment debtor is. It also considers the distinction between High Court and County Court enforcement and the act of 'transferring up' a judgment for enforcement purposes.

Integral to the likely success of your chosen method of enforcement is the extent of your knowledge about the judgment debtor. Inquiring into the nature of and assets owned by the judgment debtor should not start at the point of receiving judgment but should form part of your proper case management from initial instructions and throughout the life of the claim. For guidance, see Practice Note: Successful enforcement—knowing your defendant.

Definitions—judgment debtor, judgment creditor and judgment debt

CPR 70.1(2) provides relevant definitions, including:

  1. judgment creditor: a person who has obtained or is entitled to enforce a judgment or order

  2. judgment debtor: a person against whom a judgment or order was given or made

  3. judgment debt: the debt due and owing under a court judgment or order (note: ‘judgment or order for the payment

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