This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a County Court judgment for £4,000. For a visual guide, see: County Court judgment creditor—flowchart. What are your options to enforce a County Court judgment for £4,000? Options available are: • charging order—(see the Charging Orders Act 1979 (COA 1979), CPR73 and CPR PD 73) • transfer the judgment to the High Court and obtain a writ of control (CPR 83 and the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)) • warrant of control (CPR 83, TCEA 2007, the Taking Control of Goods Regulations 2013, SI 2013/1894 as amended by the Taking Control of Goods (Miscellaneous Amendments) Regulations 2026, SI 2026/366) • attachment of earnings (CPR 89 and the Attachment of earnings Act 1971 (AtEA 1971)) • third party debt order (CPR 72) • an order to obtain information (CPR 71) Obtaining a judgment can be easy—getting

NOTE: in 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed as the Civil National Business Centre (CNBC). This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a High Court judgment for £100,000. For a visual guide, see: High Court judgment creditor—flowchart. For guidance on the options for enforcing a smaller value County Court money judgment, see Practice Note: I have obtained County Court judgment for £4,000—what are my options? What are your options to enforce a High Court judgment for £100,000? Options available are: • charging order then order for sale • writ of control • attachment of earnings order • third party debt order • information hearing Obtaining a judgment can be easy—getting the money back is more difficult. The debtor’s asset position and ability to make payment of a judgment should be a primary consideration

Under the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, employers using DC schemes may certify that their scheme satisfies one of three sets of alternative quality requirements (Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, reg 32E). In the context of automatic enrolment, ‘pensionable earnings’ and ‘qualifying earnings’ have distinct meanings. A PILON may therefore fall within one definition but not another. Sets 1 and 2 are based on ‘pensionable earnings’. The Pensions Regulator’s guidance refers to ‘pensionable earnings’ as ‘pensionable pay’, meaning pay that is pensionable under the scheme rules, see: Automatic enrolment detailed guidance for employers no. 4, paras 54–55. Accordingly, whether a PILON constitutes pensionable earnings for

The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The second is to  construe the clause. Force majeure clauses come in a great variety of forms. Its construction will depend on the particular contract and the particular business. Certain preconditions apply, eg are there stipulations as to the exercise of the clause, for example, does the supplier have to serve the notice within a particular time, or in a particular form. Has it observed these? If not, depending on the construction of the clause, the precondition may be classed as a condition precedent which would need to be followed to invoke the clause or as an intermediate term, the non-fulfilment of which does not deprive the supplier of the ability to invoke the clause. The customer needs to be careful not to waive such stipulations or act so as to give rise to an estoppel. The onus is on the

Time limits for commencement of development Full planning permission is usually granted subject to a condition requiring the development to be started within a specified time period, typically three years from the date of the permission. If the development has not commenced within the specified time period, the permission expires and the developer must apply for a new planning permission. If development is not commenced in time, a new permission must be applied for, adding to the time and costs of the development. It may also jeopardise future development of the land because there may be a change in the planning policy or political context, meaning that permission may not be obtainable for the same project. Satisfy pre-commencement conditions at the outset Before implementing permission, you should firstly ensure that all pre-commencement conditions are discharged. Carrying out a material operation before all such

The answer will depend on whether you have received written confirmation of the nominated solicitors and that they are instructed to accept service. The written confirmation can either be: • from the defendant giving the business address of the solicitors that he has nominated to accept service on behalf of the defence. The confirmation can be provided either to the claimant or you as the claimant's solicitors,

Entering into a regulated credit agreement as a lender is a specified (regulated) kind of activity unless it is an exempt agreement under articles 60C to 60H of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) (RAO, SI 2001/544, arts 60C–60H). Agreements by way of business ie is made for more

Following completion of a share purchase transaction, the stock transfer form which effects the transfer of the sale shares from the seller to the buyer will need to be submitted to HMRC for stamping before the transfer can be registered in the target’s register of members, ie stamping will need to take place before legal title to the target’s shares can transfer from the seller to the buyer. Prior to the lockdown measures

We have assumed for the purposes of this Q&A that this question relates to inserting wording for an order for possession into a general court order. You may wish to refer

Applying to the court to extend the time for registering the charge If a charge is not registered in time the chargor or any person interested in the charge (eg the chargee) can apply to the court to rectify the register. This is discussed in detail in the Practice Note: Problems with registering security at Companies House—what to do next. The application must be made on a Claim Form (Civil Procedure Rules 1998, SI 1998/3132, Pt 8) along with a claim for an order to extend the amount of time for registering the charge. Factors the court will consider The basic rule under the Companies Act 2006 (CA 2006), s 859F is that the

Can I register a foreign language security document at Companies House? This Q&A assumes that the foreign language security document was granted by: • a company incorporated under the Companies Act 2006 (CA 2006) (a 'UK company'), or • a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 (LLPA 2000) (an 'LLP') The regime for registering charges created by UK companies at Companies House is contained in CA 2006, Pt 25, Ch A1 which applies to any UK company or LLP irrespective of: • the place of incorporation of the company or LLP within the UK • the location of the secured assets, or • the governing law of the security document All charges created by a UK company or LLP are registrable at Companies House unless they fall within one of the exceptions

This Q&A assumes that the premises in question are business premises and the lease is a protected tenancy under the Landlord and Tenant Act 1954 (LTA 1954). It is not known whether the lease is registered with its own title or not, nor whether the tenant has moved out before or after the expiry of the contractual term. Has the lease been surrendered? In this scenario, the primary question will be whether the lease has been surrendered. A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of the term and in a manner not set out in the lease (eg by exercising a break option,