Enforcement

Practice notes

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...

25th Jan

Practice notes

Successful enforcement—knowing your defendant

This Practice Note highlights the need to correctly identify and know your defendant prior to issuing proceedings with the aim of improving your...

25th Jan

Practice notes

Enforcing a judgment or order for possession of land

CPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the issue of writs and warrants For general guidance on CPR...

25th Jan

Q&As

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?

This Q&A considers the procedure which a party to an order must follow if it wishes to make an application to vary its terms. This response is...

22nd Jan

Practice notes

I have obtained High Court judgment for £100,000—what are my options?

This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the...

Produced in partnership with Phil Roberts of Clarke Willmott 18th Jan

Practice notes

Writs of sequestration to enforce a judgment, order or undertaking

IntroductionThis Practice Note considers the rules relating to writs of sequestration to enforce a judgment, order or undertaking in CPR 83 and rule...

18th Jan

Practice notes

I have obtained County Court judgment for £4,000—what are my options?

This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the...

Produced in partnership with Phil Roberts of Clarke Willmott 18th Jan

Practice notes

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...

18th Jan

Practice notes

Enforcing a judgment or order for delivery up

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Disobedience to a mandatory order, injunction or specific performance order

Not all judgments and orders are for payment of money by one party to another; instead the judgment or order may be a direction that a party do...

18th Jan

Practice notes

Writs and warrants to enforce judgment—general provisions

This Practice Note considers CPR 83 and CPR PD 83 which govern procedure in relation to the issue and duration of writs and warrants of execution.Much...

18th Jan

Practice notes

County Court judgments and orders—additional matters

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Stakeholder applications under CPR 86

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Q&As

What methods of enforcement strategy, including contempt of court proceedings, may be available where an interim charging order has been obtained against the defendant in respect of unpaid court orders of £40,000? What if the defendant has been made bankrupt?

Can a costs order be enforced in the same way as a judgment?Note, only a costs order for a stated amount is enforceable. If you have just an order for...

14th Jan

Q&As

Recent changes to the CPR in force as of 20 September 2020 mean that, generally, no permission is required from the High Court in relation to writs of possession in relation to land. One exception is CPR 83.13 (3) which states that where a writ of possession is sought against a trespasser, no writ of possession can be issued after the expiry of three months from the date of the relevant order without the permission of the court. Where such a writ of possession is sought, and the proceedings are transferred up from the County Court, can Form N293A (Combined certificate of judgment and request for writ of control or writ of possession) be used for the purpose of seeking permission?

Following the granting of an order for possession, a landlord must, in order for any eviction to be lawful, arrange for a warrant (in the County...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?

The role of an executor is to gather in and administer the assets of the estate and, having satisfied the liabilities of the estate, to distribute in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Does service of an appellant’s notice seeking permission to appeal an order for possession have the effect of automatically staying execution of the possession order so as to prevent any steps towards execution, such as transferring up the possession order for enforcement in the High Court?

The appellant’s notice seeking permission to appeal an order for possession does not automatically stay the execution of a possession order unless the...

Produced in partnership with Jane Dunlop of Clarke Willmott LLP 8th Jan

Q&As

If a judgment debtor directs a third party to pay their judgment and that third party does so using their own funds, following which the judgment creditor returns the funds by mistake, does the judgment remain unsatisfied and is it still enforceable against the judgment debtor? Would the rules around legal tender apply if the judgment debtor themselves have not tendered payment?

The law regarding payment of judgment debts by third parties is considered in the case of Treasure & Son Limited & Martin Dawes v Treasure & Son...

Produced in partnership with Philip Roberts and Kayleigh Cullis of Clarke Willmott LLP 8th Jan

Q&As

What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of Land and Appointment of Trustees Act 1996? Can an authorised person sign the transfer? If so pursuant to what power and what is the procedure?

It is assumed, the order being made pursuant to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), that the order is made by a...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 8th Jan

Q&As

Where the judgment debtor is in prison can you make a CPR 71 request for further information against them or can the High Court Enforcement Officer attempt recovery at the judgment debtor’s last known address?

Enforcing a judgment against a debtor who is in prisonEnforcing a judgment against a debtor who is in prison is a difficult proposition. It is worth...

Produced in partnership with Philip Roberts of Clarke Wilmott LLP 8th Jan

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Senior Courts Costs Office guide updated—January 2021

Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

What does IP completion day mean for the status of EU law in the UK?

EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

Featured PI & Clinical Negligence content

False imprisonment

Qualified one-way costs shifting (QOCS)

Pain, suffering and loss of amenity

Past loss of earnings

Most recent Enforcement content

Popular documents

Arbitration agreements—definition, purpose and interpretation

Term Loan B facilities

Notaries and notarisation—notarisation

Declaratory relief of planning decisions

Contact Us

Popular Links

Policies

Follow us