Civil Litigation notes - BPP Law School - High Distinction Level notes!
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It is important to consider if the defendant is able/ will pay any judgment given, both before the
action is commenced and as it progresses. There is little point in your client incurring the costs
of obtaining a judgment if it is likely to remain unsatisfied.
Enforcement action is not automatic.
The judgment creditor must take steps to enforce - using a/ a combination of the
different methods of enforcement available.
The judgment creditor cannot recover any more than is due to it under the judgment.
Generally, the debt must be due before enforcement proceedings
o i.e. the time for payment set in the judgment
o OR - CPR 40.11 time must have elapsed without payment having been made
-
Investigating the debtor’s means-
Investigations must take place at the outset of this matter
Eg: company search, official copies from land reg or other registers
May have instructed an enquiry agent to report
Will need to update/ repeat searched at the end of the action – to establish the best method for
enforcement
Order to obtain information from the judgement debtor-
71.2(1) A judgment creditor may apply for an order requiring:
(a) a judgment debtor; or
(b) if a judgment debtor is a company or other corporation, an officer of that body
(i) to attend court to provide information about the judgment debtor’s means or (ii) any matter
about which information is needed to enforce a judgment or order:
71.2(7) - order should contain a notice with the following terms
‘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’
71.3(1) - unless otherwise ordered – the order must be served personally on the person ordered
to attend no less than 14 days before the hearing
71.2(6) The judgment debtor must then (a) attend court, (b) produce any documents referred to
in the order, and (c) answer any questions asked of him on oath
-
Means of enforcement-
Taking control of goods-
, An enforcement officer to seize a judgement debtor’s goods & sell them- use the proceeds to
satisfy the judgement debt & expenses
TCG was introduced from 6 April ‘14 (Taking Control of Goods Regulations 2013) and
replaced the previous equivalent common law process of execution against goods.
Quick and simple if debtor has goods that can be taken & sold
Must ensure there are no third party claims on the goods
Exempt goods-
The most important exemptions are tools of the judgment debtor’s trade which are exempt, but
only to an aggregate value of £1,350,
and basic domestic items, such as clothing, bedding, furniture and essential household
items.
These goods are protected against seizure so that the judgment debtor can continue to live and
work - Regulation 4(1)(b) of the Taking Control of Goods Regulations 2013
Which court?-
The High Court and County Court procedures for TCG are different and the judgment creditor
will first need to decide which court to proceed in.
High Court and County Courts Jurisdiction Order 1991
Outstanding debt sum HC or CC for TCG?
Up to £600 County Court
£600 - £5000 HC or CC
More than £5000 High Court
How to apply-
The judgment creditor commences the process of TCG by requesting the issue of the relevant
court document as follows and will also need to pay the applicable fee:
Court Document to commence TCG
High Court Writ of Control
County Court Warrant of Control
The writ/ warrant of control is addressed to the EO - it is the document that entitles the EO to
seize and sell the judgment debtor’s goods to raise funds to satisfy the judgment debt.w
It will contain any details and amount of the outstanding debt to be recovered. A fixed amount
for the costs of TCG will be added which includes the court fee.
The EO is also able to take his own charges out of the proceeds of the goods sold and
seized.
It is advisable for the judgment creditor to supply the EO with any available information
about the judgment debtor’s goods and their whereabouts to aid the recovery of items as
swiftly as possible.
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