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Summary Civil Litigation - Judgments, Orders and Enforcement Notes
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Syllabus Notes on Judgments, Orders and Enforcement in Civil Litigation, used in conjunction with The White Book 2020 from BPTC 2019/2020.
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SYLLABUS 20 JUDGEMENTS, ORDERS AND ENFORCEMENTS Judgement and orders, incl. Tomlin Orders
Enforcing money judgments
ENFORCE JUDGMENTS
CPR: Part 70
70.1 This Part contains general rules about enforcement of judgments and orders. Rules
about specific methods of enforcement are contained in Parts 71 to 73, 81, 83, 84 and 89).
“judgment creditor” = person who has obtained/is entitled to enforce a judgment or order;
“judgment debtor” = person against whom a judgment or order was given or made;
“judgment or order” = an award the court has- (a) registered for enforcement (b) ordered
to be enforced or (c) given permission to enforce, as if it were a court judgment/ order.
“The court which made the judgment or order” = the court which registered the award or
made such an order.
“judgment or order for the payment of money”= incl. a judgment or order for the payment
of costs, but does not include a judgment or order for the payment of money into court.
70.2 Methods of enforcing judgments or orders
PD 70 - methods of enforcing judgments or orders for the payment of money. A judgment
creditor may, except where an enactment, rule or PD provides otherwise— (a) use any
method of enforcement which is available and (b) use more than one method of
enforcement, either at the same time or one after another.
70.2A Court may order act to be done at expense of disobedient party
“Disobedient party” = party who has not complied with a mandatory order, an injunction or
a judgment or order for the SP of a contract.
If a mandatory order, injunction or a judgment or order for the SP of a contract is not
complied with, the court may direct that the act required may, so far as practicable, be
done by another person, being— (a) the party by whom the order or judgment was
obtained or (b) some other person appointed by the court. (this is without prejudice to the
court’s powers- (a) under s39 SCA 1981 and (b) to punish the disobedient party for
contempt).
Where this applies:
(a) The costs to another person of doing the act will be borne by the disobedient party;
(b) The expenses incurred may be ascertained in such manner as the court directs; and
(c) Execution may issue against the disobedient party for the ascertained and costs.
70.3 Transfer of Proceedings for Enforcement
Subject to r.83.17, a judgment creditor wishing to enforce a HC judgment or CC order,
must apply to the HC for an order transferring the proceedings. A PD may make provisions
about the transfer of proceedings for enforcement. (r83.19 - the transfer of CC proceedings
to the HC for enforcement.)
Commentary @ 70.3.2 Transfer to High Court for enforcement
,SYLLABUS 20 JUDGEMENTS, ORDERS AND ENFORCEMENTS
The most common reason for transferring from the CC to the HC for enforcement is to use a
HC Enforcement Officer to levy execution- they are better and more effective, since CC
bailiffs have a large workload. Only where the sum which it is sought to enforce is less than
£600 or the J arises out of an agreement regulated by the CCA 1974 must the judgment be
enforced in the CC. In other cases, the J can (and if it is sought to enforce £5000 or more
must) be enforced in the HC.
70.4 Enforcement of judgment or order by or against non-party.
If a judgment or order is given/made in favour of or against a non-party to proceedings, it
may be enforced by/against that person by the same methods as if he were a party.
70.6 Effect of setting aside judgment or order.
If a judgment or order is set aside, any enforcement of the judgment/order shall cease to
have effect, unless the court otherwise orders.
PD 70 Enforcement of Judgment and Orders
Writ of control is to be construed in accordance with s.62(4) Tribunals Courts and
Enforcement Act 2007;
Writ of execution includes a writ of – possession, delivery, sequestration, fieri facias de
bonis ecclesiasticis, and any further writ in aid of any such writs, but does not include a writ
of control.
1.1 Methods of enforcing money judgments—r70.2
A judgment creditor may enforce a judgment/order for the payment of money by any of
the following methods—
(1) A writ of control or warrant of control (see Parts 83 and 84);
(2) A third-party debt order (see Part 72);
(3) A charging order, stop order or stop notice (see Part 73);
(4) In the CC, an attachment of earnings order (see Part 89);
(5) The appointment of a receiver (see Part 69).
ATTEND COURT TO PROVIDE INFORMATION
CPR: Part 71
71.1 This Part contains rules requiring a judgment debtor to attend court to provide
information, to enable a judgment creditor to enforce a judgment /order against him.
71.2 Order to attend court
A judgment creditor may apply for an order requiring— (a) a judgment debtor or (b) if the
JD is a company or corporation, an officer of that body, to attend court to provide
information about the judgment debtor’s means or any other matter about which
information is needed to enforce a judgment or order.
Such application may be made without notice and (b) must be issued in the court or CC
hearing centre which made the judgment/order sought to enforce, except that—
, SYLLABUS 20 JUDGEMENTS, ORDERS AND ENFORCEMENTS
(i) if the proceedings have since been transferred to a different court or hearing centre, it
must be issued in that court or (ii) subject to (i) if it is to enforce a judgment made in the CC
Money Claims Centre, it must be issued in accordance with PD 70 s.2.
An application may be dealt with by a court officer without a hearing.
The application notice must be in the form and contain the information required by PD 71.
If the application notice complies with this, an order to attend court will be issued. A person
served with an order issued must—
(a) Attend court at the time and place specified in the order;
(b) Produce documents at court in his control described in the order; and
(c) Answer on oath such questions as the court may require.
Such order will contain a notice in the following terms/to substantially the same effect— “If
you the within-named [ ] do not comply with this order you may be held to be in contempt
of court and imprisoned or fined, or your assets may be seized.”
71.6 Conduct of the Hearing
The person ordered to attend court will be questioned on oath. The questioning will be
carried out by a court officer unless the court has ordered the hearing shall be before a
judge. The judgment creditor or his representative— (a) may attend and ask questions
where the questioning takes place before a court officer and (b) must attend and conduct
the questioning if the hearing is before a judge.
71.8 Failure to comply with an order
If a person against whom an order has been made under r.71.2—(a) fails to attend court
(b) refuses at the hearing to take the oath or to answer any question or (c) otherwise fails to
comply with the order, the court will refer the matter to a HC Judge or Circuit Judge. That
judge may, subject to paras (3) and (4), make a committal order against the person.
(3) A committal order for failing to attend court may not be made unless the judgment
creditor has complied with r.71.4 and 71.5.
(4) If a committal order is made, the judge will direct that—
(a) The order shall be suspended provided that the person attends court at a time and
place specified in the order and complies with all the terms of that order and the
original order and
(b) If the person fails to comply with any term on which the committal order is
suspended, he shall be brought before a judge to consider whether the committal
order should be discharged.
PD 71 Orders to obtain information from judgment debtors
Para 1 Application notice—rule 71.2
1.1 An application by a judgment creditor under r.71.2(1) must be made by filing an
application notice in –
Practice Form N316 = if the application to question an individual judgment debtor
Practice Form N316A - if the application to question an officer of a company/corporation.
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