Enforcing a Money Judgment: Frequently Asked Questions

Home , Insolvency

17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Enforcing a money judgment: frequently asked questions

Resource type: Practice note Status: Maintained Jurisdictions: England, Wales

A list of frequently asked questions on enforcing a money judgment, with answers.

Practical Law Dispute Resolution

Contents

Scope of this note

Does a solicitor need a separate retainer to commence enforcement proceedings?

Can you use more than one method of enforcement?

Is limitation an issue?

When do you need permission to enforce?

Are the Crown, diplomats and foreign states immune from enforcement?

Are there any orders which will prevent enforcement action being taken?

Orders under Part 5 of the Tribunals Courts and Enforcement Act 2007

Insolvency orders

County Court Administration order

Order for stay of execution

Effect of insolvency on enforcement

Which court should I enforce in and how do I transfer the judgment to another court for enforcement?

Centralised procedure for charging orders and attachment of earnings means CCMCC must be used for County Court applications

Transfer from one County Court hearing centre to another

Transfer from County Court to the High Court

Transfer from the High Court to the County Court

General rules regarding which court to use

What do you do if your judgment is in a foreign currency?

Enforcement of English judgments abroad and the enforcement of foreign judgments in England

European Order for Payment and the European Small Claims Procedure and enforcement

What happens to interest on judgments?

What if there is more than one defendant?

Enforcement by or against nonparties

What if there is a change to the status of a party?

What if the judgment debt has been assigned?

How do you enforce when there is a partnership involved?

How do you enforce awards of bodies other than the High Court and County Court?

Court of Appeal judgments and orders

The House of Lords/Supreme Court

Other bodies

Arbitration

What if you receive payment during the enforcement proceedings?

http://uk.practicallaw.com/24223147 1/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Appropriation when more than one judgment

Effect of early recoveries on enforcement

Can I still enforce if payment is made but not according to my payment instructions?

Cost of enforcement proceedings

What you have to pay to enforce

What you can recover

Human rights and harassment

Is the law likely to change in the future?

More sections of TCEA 2007 being brought into force?

Centralisation of charging orders and attachment of earnings process

Civil courts structure review (Briggs Report)

Scope of this note

Enforcement of money judgments in litigation can give rise to a number of tricky issues and it is worth being aware of specific law and requirements. This note provides brief answers to frequently asked questions about enforcing a money judgment. Further guidance can be found in related resources.

Does a solicitor need a separate retainer to commence enforcement proceedings?

There is caselaw that if a solicitor has been retained in proceedings leading to a judgment, then he has implied authority to commence enforcement on that judgment without seeking further instructions from the client (Sandford v Porter & Waine [1912] 2 IR 551). However, that decision, although still binding, is very old and does not detract from the requirement of the solicitor to comply with rules of conduct. Also, while a contract of retainer can be implied, it is best to put it in writing to reduce the scope for dispute.

It is now common practice for solicitors to send a letter to their clients at the outset of a retainer detailing what the retainer covers (this is usually known as the client care, or retainer, letter). In such a letter, it is wise to spell out that the solicitor is retained to cover not just the substantive proceedings to judgment, but also enforcement of the judgment unless agreed with the client otherwise. The client is often sent two copies of the letter and asked to sign and return one copy to the solicitors confirming that they agree. Sending such a letter would help show compliance with the client care section (Chapter 1) of the SRA Code of Conduct 2011). You should also provide the client with the best information possible about the likely cost of the enforcement steps (see Outcome 1.13 of the Code).

Can you use more than one method of enforcement?

Unless statute, court rule or practice direction says otherwise, a judgment creditor can use more than one method of enforcement simultaneously, or one after another (CPR 70.2(2)). However, note that a judgment creditor needs the leave of the court to levy execution while an attachment of earnings ( www.practicallaw.com/33826153) order is in force (section 8(2)(b), Attachment of Earnings Act 1971).

For information on how to decide what methods of enforcement are appropriate, see Practice note, Enforcing a money judgment: an overview ( www.practicallaw.com/53865370) and Checklist, Various methods of enforcement compared ( www.practicallaw.com/4385 1095) .

If a judgment creditor uses more than one method of enforcement, and one method results in part payment from the judgment debtor, the judgment creditor should notify the court, and any enforcement agent, of the payment received.

Is limitation an issue?

A judgment of the English Courts remains enforceable without limit of time, though delay in enforcing may result in accrued interest being limited. The background to this is as follows:

Under section 24(1) of the Limitation Act 1980, an action cannot be brought on any judgment after the expiration of six years from the date on which the judgment became enforceable, subject to any extension for part payment or otherwise under Part II of the Limitation Act 1980.

http://uk.practicallaw.com/24223147 2/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

The House of Lords considered the wording of this section in Lowsley v Forbes [1998] 3 WLR 501. It held that "action" means a fresh action and does not include proceedings by way of execution ( www.practicallaw.com/01076579) . This means that enforcement proceedings are not subject to a limitation period.

However, in Lowsley v Forbes, recoverable interest was limited to six years.

Further note that permission is required to issue a writ of execution (including writs and warrants of control) on a judgment more than six years old under CPR 83.2 (see When do you need permission to enforce?). There is no equivalent provision for other methods of enforcement, such as charging orders or third party debt orders, but the court may take into account the delay in enforcing when it exercises its discretion to grant the order (see Legal update, Whether judgment could be enforced by third party debt order after six years ( www.practicallaw.com/73813460) ).

In Ridgeway Motors (Isleworth) Ltd v ALTS Ltd [2005] EWCA Civ 92, it was also held that the sixyear limitation period under section 24 of the Limitation Act 1980 did not apply to bankruptcy or windingup proceedings based on judgment debts.

These decisions fit with the court's attitude to enforcement generally set out in case law. The starting presumption is that the court should assist the judgment creditor to recover the debt due to it by all or any of the enforcement methods prescribed by rules of court (Roberts Petroleum v Bernard Kenny Ltd [1983] 2 AC 192 and Credit Lyonnais v SK Global Hong Kong Ltd [2003] HKCA 250).

For when a judgment takes effect, see Practice note, Enforcing a money judgment: an overview: Preliminaries: what you need to check before you proceed to enforce a money judgment: Is judgment debt due and enforceable? ( www.practicallaw.com/53865370) .

When do you need permission to enforce?

Leave is not required for the enforcement of a judgment except where you want to enforce by taking control of goods ( www.practicallaw.com/73825769) (using a writ of control ( www.practicallaw.com/83825764) or warrant of control) and:

Six years or more has elapsed since the date of the judgment or order.

A change has taken place, whether by death or otherwise, in the parties entitled or liable to the execution under the judgment or order.

The judgment or order is against the assets of the deceased person coming into the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution on such assets.

Any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the court or a sequestrator.

Under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition which it is alleged has been fulfilled.

The permission sought is for a writ of control or writ of execution, and that writ is to be in aid of another writ of control or execution.

(CPR 83.2(3))

The leave of the County Court is also needed to levy execution while an attachment of earnings order is in force (section 8(2)(b), Attachment of Earnings Act 1971).

Are the Crown, diplomats and foreign states immune from enforcement?

Apart from exceptions provided by section 25(1) to (3) of the Crown Proceedings Act 1947 (which set out a special procedure to enforce judgments against the Crown), no execution, attachment or process in the nature of execution or attachment can be issued to enforce payment from the Crown of money or costs. No person can be made individually liable under any order for payment by the Crown, or any government department, or any officer of the Crown as such, for any such money or costs.

Diplomatic privilege may also protect British subjects from the process of the English courts (see the Diplomatic Privileges Act 1964). Foreign consuls' immunity is under the Consular Relations Act 1968.

For any foreign state other than the UK, there may be state immunity under the State Immunity Act 1978. The general rule under this Act is that a state is immune from the jurisdiction of the UK courts unless the Act provides otherwise. The State Immunity Act 1978 provides for several exemptions from immunity in respect of proceedings. For example, an exception to state immunity from enforcement provided for by the Act is when the proceedings relate to a commercial transaction entered into by the state (section 3(1)(a)) (for more on what constitutes a commercial transaction, see Legal update, No immunity from enforcement for sovereign borrower and Legal update, High Court upholds Iraq state immunity). If a state does not expressly waive its immunity then, unless one of the exceptions in the State

http://uk.practicallaw.com/24223147 3/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Immunity Act 1978 applies, proceedings cannot be brought in the UK against the state. In addition, unless the state specifically consents in writing (and simply submitting to the jurisdiction does not constitute such consent), a state is immune from execution against its assets.

However, in NML Capital Ltd v Argentina [2011] UKSC 31, the Supreme Court, overturning the Court of Appeal, held that Argentina could not claim sovereign immunity in England in respect of proceedings to enforce a New York judgment on a bond issue under a fiscal agreement between Argentina and NML. The majority was of the view that the enforcement proceedings were not "proceedings relating to a commercial transaction" within the meaning of section 2 of the State Immunity Act 1978 (SIA 1978). However, Argentina was excluded from state immunity under section 3 of the SIA 1978, by virtue of the terms of the waiver and jurisdiction clauses in the underlying agreement. The court also found that Argentina was precluded from claiming state immunity for the enforcement proceedings under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). The case clarifies the law on the enforcement of foreign judgments against sovereign states. It considers the ambit of section 31(1) of the CJJA and its interaction with the SIA 1978; in particular, the meaning of "proceedings relating to a commercial transaction" and submission to jurisdiction under sections 2 and 3 respectively of the SIA 1978. Note, however, that there is a distinction between the jurisdiction to determine a claim against a state and the enforceability of a judgment against the assets of a state. Enforcement of a judgment against state assets will only be allowed if the state has consented or the assets are in use for commercial purposes (section 13, SIA 1978). For further information, see Legal update, No sovereign immunity in respect of enforcement of a foreign judgment (Supreme Court).

It has been held that a foreign sovereign state does not, by initiating proceedings in England and Wales, render its property within the jurisdiction liable to execution to enforce an order for payment of costs (Duff Dev Co v Kelantan [1923] 1 Ch 385 ( www.practicallaw.com/D 0294601) and section 20, State Immunity Act 1978).

International organisations are also granted various privileges, including immunity from suit by orders in Council under the International Organisations Act 1968.

For further information, see Practice note, State immunity and arbitration ( www.practicallaw.com/23187956) .

See also Practice note, Sovereign immunity: state immunity from adjudication and enforcement.

Are there any orders which will prevent enforcement action being taken?

Orders under Part 5 of the Tribunals Courts and Enforcement Act 2007

Part 5 of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007) introduced new procedures designed to assist debtors who are unable to pay their debts. They include:

Administration orders (not to be confused with an order for administration ( www.practicallaw.com/91076363) under the Insolvency Act 1986 (see Effect of insolvency on enforcement) or a County Court Administration Order).

Enforcement restriction orders.

Debt relief orders.

Debt management schemes.

If any of these orders are made, it prevents a judgment creditor taking any enforcement action.

However, the provisions regarding administration orders, enforcement restriction orders and debt management schemes are not yet in force.

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012, which came into force in October 2012, amends a number of pieces of legislation, with the aim of making an individual subject to a debt relief order (DRO) liable to the same disqualifications and restrictions as a bankrupt. See further, Legal update, Debtor subject to a debt relief order to face same restrictions as a bankrupt ( www.practicallaw.com/75202382) .

See also Practice note, Personal insolvency procedures: overview ( www.practicallaw.com/93859094) .

Insolvency orders

Insolvency orders can also prevent enforcement (see Effect of insolvency on enforcement).

County Court Administration order

http://uk.practicallaw.com/24223147 4/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

PD 70 1.3 also says that the enforcement of a judgment or order may be affected by County Court administration orders. An Administration Order is a legally binding administrative arrangement, issued by a County Court, that enables a judgment debtor to pay only what they can afford each month (after essential expenditure) towards their judgment debts. As long as they maintain the payments that the court has deemed affordable, all interest is frozen and they will be legally protected from creditors taking any further enforcement action for the duration of the Administration Order.

Order for stay of execution

For information about stays of execution and when they can be ordered, see Practice note, Enforcing a money judgment: an overview: Is judgment debt due and enforceable? ( www.practicallaw.com/53865370)

Effect of insolvency on enforcement

You should be mindful of the risk that a judgment debtor may become insolvent during enforcement proceedings for various reasons.

If preliminary enquiries show that a judgment debtor is (or is likely to become) insolvent, it may not be worth taking steps to enforce in any event. If the debtor goes into some form of insolvency procedure (such as administration or liquidation ( www.practicallaw.com/5107 6770) for companies, or bankruptcy ( www.practicallaw.com/21076470) for an individual), and you are not a secured creditor, your debt will just rank alongside other unsecured creditors in an insolvency, behind preferential payments, the expenses of winding up and secured creditors (see sections 107 and 148, Insolvency Act 1986 and rules 4.181 and 4.182, Insolvency Rules 1986 (SI 1986/1925)). (For the order of priority of payments in a corporate insolvency, see also Flowchart, The distribution of assets to creditors in a corporate insolvency ( www.practicallaw.com/44224141) .) You are very unlikely to get back the full amount of the judgment debt as, in a formal insolvency procedure, unsecured creditors usually recover only a small percentage of their debt, if anything at all (iIf insolvency proceedings have been commenced). To start enforcement of the judgment will only, therefore, lead to wasted time and costs.

To determine whether a company is in financial difficulties, see Practice note, How to identify a company in financial difficulty ( www.practicallaw.com/93853638) .

Moreover, there are statutory restrictions on pursuing claims against insolvent debtors that may prevent you enforcing your judgment:

If the judgment debtor becomes bankrupt, there is a restriction on commencing legal proceedings or pursuing remedies against the debtor or his property (section 285(3), Insolvency Act 1986).

If a bankruptcy order is made against the judgment debtor when you have started execution or attachment proceedings that are not complete before the bankruptcy, you will not (unless in exceptional circumstances) be entitled to retain the benefit (section 346, Insolvency Act 1986). This has been held to mean the benefit of the charge obtained by the judgment creditor by the enforcement process, not monies already received (Re Andrew [1937] Ch 122). (For further information, see Tagore Investments SA v The Official Receiver [2008] EWHC 3495 (Ch), as discussed in Practice note, Litigation and insolvency: claiming against an insolvent defendant: Enforcement and bankruptcy ( www.practicallaw.com/13840980) ; and Nationwide v Wright [2009] EWCA Civ 811, as discussed in Legal update, Can charging orders survive bankruptcy? ( www.practicallaw.com/93874966) ).

If a company goes into compulsory liquidation, it is not possible to commence or pursue any action or proceeding against the company or its property (section 130(2), Insolvency Act 1986) without first having obtained the permission of the court. (If the company goes into voluntary liquidation, there is no automatic stay; instead, the court has the power to order that any proceedings are stayed, under section 112 of the Insolvency Act 1986.)

If a company has gone into administration, any litigation against it or its property will be automatically stayed and you will need to consider whether there are sufficient grounds on which to seek the administrator's consent, or the court's permission, to continue the litigation. Such consent is granted only in limited circumstances, in accordance with the principles laid down in AIB Capital Markets plc and another v Atlantic Computer Systems plc and others [1990] EWCA Civ 20. These principles require a balancing exercise between the interests of the claimant and those of the creditors generally.

If there is not yet an administration order, but either an application for an administration order or a notice of intention to appoint an administrator has been filed at court, the company will have the protection of an interim moratorium under paragraph 44 of Schedule B1 to the Insolvency Act 1986. While the moratorium applies, it is not possible to proceed with the litigation against the company; the claim is automatically stayed. The moratorium also prevents anyone issuing a windingup petition or administration application.

Where the judgment debtor is in a formal insolvency procedure, it is best to contact the relevant officeholder (that is, the trustee in bankruptcy, administrator or liquidator as the case may be). You should provide details of the debt to the officeholder, with a copy of the judgment and any other relevant documents. The officeholder will then assess your claim in the course of the insolvency. In practice, an officeholder is unlikely to challenge a court decision, so the full amount of the judgment debt will probably be agreed. To the extent that your claim is agreed, you will be entitled to a payment in accordance with the statutory order of priorities (see above).

http://uk.practicallaw.com/24223147 5/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

For further information, see Practice note, Litigation and insolvency: claiming against an insolvent defendant ( www.practicallaw.com/1384 0980) .

If an insolvent judgment debtor has insurance apparently covering his liability to you, instead of taking enforcement proceedings against him, you may be able to claim against the insurers under the Third Parties (Rights Against Insurers Act 2010 (for more information, see Practice note, General principles of insurance law: Third parties (Rights Against Insurers) Act 1930 ( www.practicallaw.com/32039754) ). Be aware that issues may arise as to the terms of the insurance policy and this may mean satellite litigation (see also Omega Proteins Ltd v Aspen Insurance UK Ltd [2010] EWHC 2280 (Comm)).

Which court should I enforce in and how do I transfer the judgment to another court for enforcement?

Centralised procedure for charging orders and attachment of earnings means CCMCC must be used for County Court applications

For applications on or after 6 April 2016, the processing of applications for charging orders in the County Court and all attachment of earnings applications were centralised so such applications must be made at the County Court Money Claims Centre (CCMCC). See Legal update, 83rd CPR update: Civil Procedure (Amendment) Rules 2016 and practice direction making document ( www.practicallaw.com/16237147) and the section, Which court? in Practice notes, Charging orders ( www.practicallaw.com/73770347) and Attachment of earnings ( www.practicallaw.com/63825232) .

Where the charging order was made at the CCMCC, a claim for an order for sale must be to the judgment debtor's home court (defined in CPR 73.1(2)(c)).

Transfer from one County Court hearing centre to another

It may be necessary to transfer a County Court judgment to a different County Court hearing centre. This is usually because, in the County Court, it may be necessary to carry out enforcement proceedings in the hearing centre of the County Court local to where the debtor resides.

The procedure for transfer (if it does not happen administratively through the court system) is as follows:

Judgment creditor writes to the County Court hearing centre in which judgment was given, requesting transfer to another hearing centre.

The court gives notice of transfer to all parties in the proceedings.

Action then proceeds in the hearing centre to which transferred.

(See Practice direction 70.2.1.)

Transfer from County Court to the High Court

Proceedings are usually transferred from the County Court to the High Court for enforcement when a judgment creditor wants to enforce his judgment by taking control of goods (formerly execution against goods) using a writ of control (formerly writ of fieri facias), which is a High Court procedure. There is a County Court equivalent (warrant of control (formerly warrant of execution), but it is sometimes considered that High Court enforcement officers are more effective, and County Court bailiffs can only get back up to £5,000. Note that under the High Court and County Courts Jurisdiction (Amendment) Order (SI 1999/1014), a County Court judgment over £600 can be transferred to the High Court for enforcement against goods. You cannot ask the County Court to issue a warrant of control for more than £5,000, although this limit does not apply to Consumer Credit Act 1974 regulated agreements which can only be enforced in the County Court.

There are two distinct ways of transferring to the High Court for enforcement and which you use depends on whether you want just to enforce by writ of control or by that and other methods:

If you are wanting to subsequently enforce by writ of control then you request a certificate of judgment under CPR 40.14A (which from 6 April 2014 replaced CCR Order 22 rule 8(1)) by filling in Form N293A ( www.practicallaw.com/33821042) . That form is a combined certificate of judgment and praecipe for writ of control. See also CPR 83.19 which rule applies where the creditor makes a request for a certificate of judgment under rule 40.14A(1) for the purpose of enforcing the judgment or order in the High Court by taking control of goods.

If you are applying to transfer a County Court judgment to the High Court to seek various methods of enforcement and not just writ of control/taking control of goods, then you first need to make an application under CPR 23 relying on section 42(2) of the County Courts Act 1984. Your application form is N244 . Having issued the application, the judgment creditor should then request a certificate of judgment from the County Court (in writing it seems that you can just send a letter – there is no form for the request):

http://uk.practicallaw.com/24223147 6/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Stating that the certificate is required for the purpose of enforcing the judgment in the High Court.

Confirming that an application has been made under section 42 CCA 1984 and attaching a copy of the application to the request.

The court will not issue a certificate of judgment (and accordingly will not transfer to the High Court) where any of the following is pending:

An application to vary the date or rate of payment of money due under the judgment or order.

An application under CPR 39.3(3) (to set aside judgment where a party failed to attend trial).

An application under CPR 13.4 (to set aside default judgment and the matter is being transferred to another court).

A request for a County Court administration order (see Are there any orders which will prevent enforcement action being taken?).

An application for a stay of execution ( www.practicallaw.com/72055228) (see also Practice note, Enforcing a money judgment: an overview ( www.practicallaw.com/53865370) ).

Transfer from the High Court to the County Court

Proceedings are transferred from the High Court to the County Court usually when a judgment creditor wants to use a method of enforcement that is only available in the County Court, for example, attachment of earnings ( www.practicallaw.com/33826153) .

The procedure for transfer is as follows:

Judgment creditor makes an application to the High Court, asking that proceedings be transferred to the County Court (see CPR 70.3). The application notice is Form N244 ( www.practicallaw.com/82056543) and should have the following attached:

a copy of the judgment or order;

a certificate verifying the amount due;

a copy of the enforcement officer's return to the writ, if a writ of execution has previously been issued in the High Court, to enforce the judgment;

a copy of the draft order transferring proceedings to the County Court; and

High Court orders transfer

CPR 83.17 governs the position when it is desired to enforce by taking control of goods in the County Court using a warrant of control or enforcing by warrant of delivery in the County Court a judgment or order of the High Court.

Regarding enforcement by charging order/order for sale, an application for an order for sale should be made in the court that made the prior charging order unless the court lacks jurisdiction to make an order for sale. This means that if the amount owed exceeds the County Court limit (section 23, County Courts Act 1984), the application should be made in the High Court. However, case law has confirmed that the High Court can, unless it considers that the case merits being heard in the High Court, order the transfer of the proceedings to an appropriate County Court hearing centre, which will then have jurisdiction to hear the case even though the County Court limit is exceeded (National Westminster Bank plc v King [2008] EWHC 280) (for further information, see Legal update, Power of High Court to transfer to county court unrestricted by county court jurisdiction ( www.practicallaw.com/93808033) ). This may be of less importance since the increase to the County Court limit (see Legal update, Correction to the 69th CPR update and The County Court Jurisdiction Order 2014 published ( www.practicallaw.com/15603165) )

For further information on which court to use for orders for sale, see General rules regarding which court to use.

General rules regarding which court to use

Where you propose to enforce against goods:

Enforcement must take place in the High Court where the sum sought to be recovered is £5,000 or more (meaning total of judgment debt, costs and interest).

Where the sum being recovered is £600 or less (meaning total of judgment debt, costs and interest), you can only enforce in the County Court.

http://uk.practicallaw.com/24223147 7/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

For judgments between £600 and £5,000, the judgment creditor can choose which court to enforce in (High Court and County Courts Jurisdiction Order 1991 and County Courts Act 1984).

Judgments under the Consumer Credit Act 1974 can only be enforced in the County Court.

Money claims issued in the County Court Northampton Hearing Centre will be managed in the County Court Business Centre up to the filing of allocation questionnaires, including applications for judgments. However, this hearing centre will not carry out any function in relation to the enforcement of a judgment (except for the issue of warrants). Where a judgment has been entered in the County Court Business Centre in respect of a money claim, applications for an order to obtain information or to enforce the judgment must be made in accordance with section 2 of Practice direction 70. This provides for the automatic transfer of proceedings from the County Court Business Centre to the hearing centre for the district in which the judgment debtor or the judgment creditor either resides or carries on business.

If you are enforcing by applying for an attachment of earnings order, the application can only be brought in the County Court and on or after 6 April 2016 only at the County Court Money Claims Centre (CCMCC) (CPR 89.3).

Section 1(2) of the Charging Orders Act 1979 sets out when applications are to be made to the County Court and when they are to be made to the Family Court or the High Court. This includes:

The County Court has concurrent jurisdiction to make a charging order for High Court judgments. The exception is where the property to be charged is a fund in the High Court.

Where the judgment concerned is a County Court judgment, the application for a charging order must be made in the County Court.

All claims for charging orders in the County Court on or after 6 April 2016 (unless for a charge over a fund in court) are to be brought in the CCMCC (CPR 73.3(2)) In the High Court, the general rule is that an application for a charging order must be issued in the court in which the judgment or order being enforced was obtained..

An application for an interim third party debt order should generally be issued in the court that made the judgment or the court where the proceedings have since been transferred (CPR 72.3(1)(b)).

If you are commencing enforcement proceedings in the High Court, you can generally use the Chancery or Queen's Bench Division. However, note that:

Judgments of the Commercial Court are enforced in the Queen's Bench Division (unless the court orders otherwise, which is rare), and enforcement proceedings are automatically directed to that Division. (See PD 58.1.2(2).) The Commercial Court is not an enforcement court.

The Technology and Construction Court (TCC) is concerned with the enforcement of judgments and orders given by the TCC, and with the enforcement of adjudicators' decisions and arbitrators' awards.

Parties must begin proceedings for the enforcement of a charging order by sale of the property charged with a Part 8 claim form issued out of the Chancery Division of the High Court or a Chancery district registry (unless the High Court has no jurisdiction, in which case application should be made to the appropriate County Court hearing centre) (PD 73.4.2). However, CPR 73.10 suggests that an order for sale can be made by any division of the High Court. Recognising the tension between these two provisions, in Packman Lucas Ltd v Mentmore Towers Ltd and Charles Street Holdings Ltd [2010] EWHC 1037 (TCC), Coulson J said that, although it will usually be appropriate to seek such orders in the Chancery Division, there will be cases where it is sensible and proportionate for orders for sale to be made by other divisions of the High Court. The Chancery Guide ( www.practicallaw.com/62054012) states "Subject to jurisdiction (see CPR rule 73.3(2)), applications to enforce charging orders are now issued in the court in which the charging order was made. Proceedings to enforce charging orders made in any Division of the High Court and the Court of Appeal are issued in the Chancery Division" (para 9.1).

See also, Checklist, Which court do I use to enforce my money judgment? ( www.practicallaw.com/25091659)

For more information on transfer, see Practice note, Case management: transfer of proceedings ( www.practicallaw.com/63812786) .

See further, Arbitration and How do you enforce awards of bodies other than the High Court and County Court?

What do you do if your judgment is in a foreign currency?

A court in England and Wales can give judgment for a sum of money in a foreign currency rather than sterling. Such a judgment is still an English judgment and can be enforced as such. It is not a foreign judgment; foreign judgments are judgments of foreign courts. For information about enforcement of foreign judgments, see Practice notes, Enforcement of foreign judgments in England ( www.practicallaw.com/75917865) and Enforcement of English judgments in other jurisdictions ( www.practicallaw.com/05917147) .

http://uk.practicallaw.com/24223147 8/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Orders usually provide for payment in foreign currency or the sterling equivalent "at the time of payment". If the defendant fails to pay in the foreign currency, the date for conversion into sterling should be when the judgment creditor is given leave to levy execution for a sum in sterling.

Enforcement of English judgments abroad and the enforcement of foreign judgments in England

Practice note, Enforcing a money judgment: an overview covers enforcement within England and Wales of judgments of courts and other bodies within England and Wales.

For the rules and procedure for the enforcement of English judgments abroad, and the enforcement of foreign judgments in England, see Practice notes, Enforcement of English judgments in other jurisdictions ( www.practicallaw.com/05917147) and Enforcement of foreign judgments in England ( www.practicallaw.com/75917865)

The enforcement of UK judgments in other parts of the UK is governed by the Civil Jurisdiction and Judgments Act 1982, section 18, and Schedules 6 and 7. The procedural rules are contained in CPR 74.1418.

It will be necessary to check with local lawyers what methods of enforcement are available.

See also, Blog post, Enforcing foreign judgments: traps for the unwary ( www.practicallaw.com/26138745) .

For information on small uncontested debts and crossborder enforcement, see also European Order for Payment and the European Small Claims Procedure and enforcement.

European Order for Payment and the European Small Claims Procedure and enforcement

Council Regulation 1896/2006/EC (EOP Regulation) created a European Order for Payment (EOP) procedure, the purpose of which is to simplify, speed up and reduce the costs of crossborder litigation involving uncontested debts. The EOP Regulation applies if at least one party is resident or domiciled in an EU member state (except Denmark). The regulation allows EOPs to be recognised and enforced throughout member states without the need for intermediate proceedings (Article 1(b), EOP Regulation). For more information on enforcement of EOPs, see Practice note, European Order for Payment: Enforceability and enforcement: Enforcement ( www.practicallaw.com/33827355) .

Council Regulation 861/2007/EC (ESCP Regulation), establishing a European Small Claims Procedure (ESCP), came into force on 1 January 2009. It contains a standardised procedure for crossborder civil and commercial claims of modest value (under EUR2,000) and is intended to facilitate access to justice by simplifying and speeding up lower value crossborder litigation and by reducing its cost. The ESCP Regulation applies to all EU member states (except Denmark). An ESCP judgment should be recognised and enforced in another member state without the need for a declaration of enforceability and without any possibility of its recognition being opposed (Article 20(1), ESCP Regulation). For more information on enforcement of ESCP judgments, see Practice note, European Small Claims Procedure: Enforcement ( www.practicallaw.com/13828600) .

What happens to interest on judgments?

You should ensure that you know the exact amount of a judgment debt for enforcement purposes, including the amount of accrued interest, and bear in mind that interest continues to accrue until payment of all sums due, unless the court has ordered otherwise.

PD 70.6 states that:

"If a judgment creditor is claiming interest on a judgment debt, he must include in his application or request to issue enforcement proceedings in relation to that judgment details of:

(1) the amount of interest claimed and the sum on which it is claimed;

(2) the dates from and to which interest has accrued; and

(3) the rate of interest which has been applied and, where more than one rate of interest has been applied, the relevant dates and rates.."

A High Court judgment or order carries interest at the Judgments Act 1838 rate (section 17, Judgments Act 1838). This rate is not open to variation by the courts (Thomas v Burn [1991] 1 AC 362), but they can vary the starting date (CPR 40.8). Generally, the "incipitur rule" applies so that interest should run from the date of the judgement or order giving an entitlement to the judgment sum (Hunt v RM Douglas

http://uk.practicallaw.com/24223147 9/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

(Roofing) Ltd [1990] 1 AC 398). The Commercial Court has further held that interest under the Judgments Act 1838 on both the principal sum and the prejudgment interest should run from the date judgment was given for the principal sum, and not from a later date when interest was assessed (see Legal update, Date from which Judgments Act interest runs (High Court) ( www.practicallaw.com/75242986) ).

The rate of interest on judgment debts since April 1993 has been 8%, under the Judgment Debts (Rate of interest) Order 1993 (SI 1993/564).

The court also has power to award interest on costs "from or until a certain date, including a date before judgment" (CPR 44.2(6)(g)).

County Court judgments for not less than £5,000 also carry interest under section 74 of the County Courts Act 1984 and the County Court (Interest on Judgment Debts) Order 1991 (SI 1991/1184). Again, this is at the Judgments Act rate.

Alternatively, if the proceedings were founded on contract and the contract itself provides for interest to run after judgment (and the court goes on to order this), then interest will run at the contractual rate, whether this is higher or lower than 8%.

Although enforcement proceedings are not subject to a limitation period, the court may take into account the delay in enforcing, and recoverable interest may be limited to six years (see Is limitation an issue?).

A reminder to a judgment debtor that interest continues to accrue on a judgment debt may encourage him to make prompt payment as he should be keen to stop interest running. If a judgment debtor attempts to pay only the judgment debt and not the accrued interest, an application can be made to court for an order with sanction in the event of further default. This often then results in payment of the interest, since parties do not wish to be criticised by the court.

For more information, see Practice note, Interest on judgment debts and costs.

What if there is more than one defendant?

An order against more than one defendant for payment of a sum of money (whether or not deemed to be joint and several) can be enforced against any defendant separately (Land Credit Co of Ireland v Fermoy [1870] Lr 5 Ch 323). Where there is joint and several liability, recovery goes to reduce the sum payable by all. Where the position is not so straightforward, the claimant may be able to justify appropriation to particular defendants accordingly.

For more information, see Practice note, Joint, several and joint and several liability ( www.practicallaw.com/12004741) .

Enforcement by or against nonparties

If a judgment or order is in favour of, or against, a person who is not a party to the proceedings (for example, a wasted costs order against solicitors or a costs order against a nonparty), it can be enforced by, or against, that person by the same methods as if he were a party (see CPR 70.4).

What if there is a change to the status of a party?

If there has been a change to the status of a party, either through death or some other reason, then leave is required to enforce by way of execution (including taking control of goods) under CPR 83.2. The deceased's personal representative will need to seek the necessary leave. The application is made without notice to the other party.

Retirement of a partner in a judgment creditor firm does not constitute such a change (Re Hill [1921] 2 KB 831).

The court can also add parties to, or even remove them from, enforcement proceedings if it considers it necessary under CPR 19.

Claims and causes of action (and the benefit of them such as a judgment) can be assigned (see further, What if the judgment debt has been assigned?).

What if the judgment debt has been assigned?

Where a claim or cause of action has been assigned, it will be important to construe the particular assignment documentation and consider the law on assignment carefully (see Practice note, Assignment of a claim or cause of action ( www.practicallaw.com/15227861) ). Note that in Adedeji and another v Patahania [2015] EWHC 1434 (Ch), the High Court held that enforcement action (application for orders for sale to enforce charging orders) was covered by an assignment of the cause of action against the defendant from the claimant's trustee in bankruptcy to the claimant, which assignment was after judgment and charging orders had been obtained. Nugee J noted that the modern approach to construction of documents was to try to give practical effect to them so far as possible. He considered that it would completely emasculate the deed of assignment not to treat it as carrying with it the benefit of the judgment that had already been

http://uk.practicallaw.com/24223147 10/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

obtained, notwithstanding the curiously restrictive words of the relevant clause of the deed of assignment which referred to assignment benefits after the date of the deed. The judgment was the content of the assigned cause of action. Further, the effect of assigning the benefit of the judgment and such right, title or interest as the assignor had in the judgment, included the steps already taken to turn the judgment into money by way of enforcement, and so carried the benefit of the charging order. (See Legal update, High Court considers whether assignee of cause of action can enforce charging orders ( www.practicallaw.com/96141725) .)

If the whole of a judgment debt has been assigned, the assignee needs to apply for leave to enforce by way of execution, since there has been a change in the parties entitled or liable to execution under the judgment or order (see CPR 83.2.) The application is made without notice. An assignment of only part of a judgment debt, however, does not amount to such a change. Execution can only be levied in respect of a whole judgment (Forster v Baker [1910] 2 KB 636).

For more on assigment, see Practice note, Assignment of a claim or cause of action ( www.practicallaw.com/15227861) .

How do you enforce when there is a partnership involved?

PD 70.6A.1 governs how you can enforce when there is a partnership:

A judgment (or order) against a partnership may be enforced against any property of the partnership within the jurisdiction. Enforcement is not affected by the retirement of a partner, death of a partner or the fact that a partner may be outside the jurisdiction.

A judgment (or order) against a partnership can be enforced against any person who is not a limited partner if he:

acknowledged service of the claim as a partner of the firm;

was served with the claim form as a partner, and failed to acknowledge service;

admitted in the response to the claim form that he was a partner in the firm at a material time; or

was found by the court to have been a partner at the relevant time.

A judgment (or order) made against a partnership may not be enforced against a limited partner or a member of the partnership who was ordinarily resident outside the jurisdiction when the claim form was issued unless he:

acknowledged service of the claim form as a partner;

was served within the jurisdiction with the claim form as a partner; or

was served out of the jurisdiction with the claim form, as a partner, with the permission of the court given under Section IV of CPR 6.

A judgment creditor wishing to enforce a judgment (or order) against a person in any other circumstances must apply to the court for permission.

As to being a partner at the relevant time, see Blog post, Kommalage v Sayathakumar: back to first principles which considers Kommalage v Sayanthakumar [2014] EWCA Civ 1832, in which the Court of Appeal considered the enforceability of a costs order against a partner who was not a partner either at the time the cause of action accrued, or when the proceedings were issued. See also, Legal update, Circumstances in which costs order enforceable against a partner (Court of Appeal) ( www.practicallaw.com/26136906) .

How do you enforce awards of bodies other than the High Court and County Court?

Court of Appeal judgments and orders

Under section 15(4) of the Supreme Court Act 1981 (now called the Senior Courts Act 1981), any enactment authorising or requiring the taking of any steps for enforcement of orders or judgments of the High Court applies similarly in relation to orders or judgments of the Court of Appeal. Therefore, Court of Appeal judgments are essentially treated the same as High Court judgments for enforcement purposes. No special or further steps are required. However, note that the Court of Appeal is not an enforcement court so you bring enforcement proceedings in the High Court.

The House of Lords/Supreme Court

There was no equivalent provision to section 15(4) of the Supreme Court Act 1981 (now called the Senior Courts Act 1981) for the House of Lords, and the CPR did not apply to appeals to the House of Lords (see Practice note, Appeals to the House of Lords [based on the rules in force until 30 September 2009] ( www.practicallaw.com/62167976) ). Where a judgment creditor sought to enforce a judgment of the

http://uk.practicallaw.com/24223147 11/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

House of Lords, he had to make an application in the High Court for an order that the House of Lords' judgment be made an order of the High Court. The application had to give details of the order, the subject of the appeal to the House of Lords and the decision of the Lords, and annex a copy of the latter. The application also had to include details of the assessment of costs of the Lords' appeal. Presumably, this will still apply to enforcement of judgments of the Lords for as long as such enforcement is possible, even though the Supreme Court has now replaced the House of Lords (see below).

In the Supreme Court (which replaced the House of Lords from 1 October 2009), there is now clear guidance that an order of the court may be enforced in the same manner as an order of the court below, or of the "appropriate superior court". In England and Wales, "the appropriate superior court" is the High Court (rule 29(3)(a), Supreme Court Rules). The Registrar will prepare and seal every court order and he may invite written submissions as to its form (rule 29(5), Supreme Court Rules and PD 7.7.4.2). PD 40B deals with the enforcement of the court's orders, and supplements CPR 40 (PD 8.8.18.18.8.18.4). For more information about the Supreme Court, see Practice note, Appeals to the United Kingdom Supreme Court ( www.practicallaw.com/63867241) .

Other bodies

Some statutes provide for orders or awards of bodies other than the High Court and County Court (or a compromise) to be either:

Enforced as if they were a judgment or order of the High Court or the County Court.

Enforced as such if the court orders.

If this is the case, CPR 70.5 and PD 70.4 sets out the relevant procedure.

An application is made to court for an order for a specific method of enforcement, or for an order allowing enforcement. The application can be made without notice to the party who is to be the judgment debtor. The court to whom the application is made should be the court for the district where that person resides or carries on business, unless the court otherwise orders. The application notice must be completed in Form N322A. It must state the name and address of the person against whom it is sought to enforce, and how much of the order or award remains unpaid. A copy of the award or order of the relevant body must be filed with the application notice.

PD 70.5 deals with applications to the High Court under an enactment to register a decision for enforcement.

CPR 70.5 does not apply to the following:

Any judgment to which CPR 74 applies (enforcement of judgments in different jurisdictions).

Arbitration awards.

Any order to which RSC Order 115 applies (confiscation and forfeiture in connection with criminal proceedings).

Proceedings to which CPR 75 (traffic enforcement) applies.

For more information about options for enforcing magistrates courts judgments, see Practice note, Magistrates' courts: enforcement of judgments ( www.practicallaw.com/15201286) .

Arbitration

For information on arbitration enforcement, see Practice note, Enforcing arbitration awards in England ( www.practicallaw.com/13633952) .

What if you receive payment during the enforcement proceedings?

You should guard against double recovery. It is particularly important to remember that if a judgment creditor uses more than one method of enforcement and one method results in part payment from the judgment debtor, the judgment creditor should keep a good record of payment received and the amount outstanding (note that interest may have accrued on the judgment debt and will still be accruing on amounts outstanding) and notify the court and any enforcement agent of the payment received.

If a judgment creditor receives payment of the whole (or part) of a judgment debt after he has issued an application or made a request to enforce it, but the application has not yet been heard and no writ or warrant of control has been executed, the judgment creditor must immediately notify the court (or where the application was for a writ or warrant of control, the relevant enforcement officer) in writing.

Appropriation when more than one judgment

Where a judgment creditor has more than one High Court judgment against the same judgment debtor, if part payment is made towards the total amount due, the law of appropriation applies. This means that the debtor, when making the payment, can decide how to allocate the payment regarding the judgments (that is, appropriate it) whichever way he wants, and the creditor must apply it that way. If the debtor

http://uk.practicallaw.com/24223147 12/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

does not make any appropriation when he makes payment, then the creditor can appropriate.

Unless the judgment debtor specifies otherwise, part payment goes to discharge the interest element of a judgment debt before going to the principal sum due.

In the County Court, the County Courts (Interest on Judgment Debts) Order 1991 applies:

"Where the debtor is indebted to the same judgment creditor under two or more judgments or orders, money paid by him shall be applied to satisfy such of the judgments as the debtor may stipulate or, where no such stipulation is made, according to their priority in time" (article 6(1)).

"Money paid by the debtor in respect of any judgment debt shall be appropriated first to discharge or reduce the principal debt and then towards the interest" (article 6(2)).

Effect of early recoveries on enforcement

The Commercial Court has expressed a view on whether credit for recoveries made before judgment should be given upon judgment or later during enforcement. It has held that there is no hard and fast rule but ordinarily, if relevant recoveries are made prior to judgment, they operate to reduce the damage suffered by the claimant and thereby reduce the amount of any judgment that the claimant is entitled to.

On allocation of recoveries, the court further said that this would depend on the nature of the claims and the defendants' liability. Where defendants were jointly and severally liable, the position would be straightforward. There was to be no appropriation. Where the position was not so straightforward, the court thought that it might be correct that the claimants had a choice as to how recoveries were to be appropriated, provided that what they proposed was not "obviously unsustainable".

See Legal update, Effect of early recoveries on judgment and enforcement (High Court) ( www.practicallaw.com/45621945) .

Can I still enforce if payment is made but not according to my payment instructions?

A case concerning payment of liability under an arbitration has confirmed that purported payment to an unauthorised agent will not discharge the liability under the award, and will leave the award debtor exposed to an application for enforcement (see Legal update, Payment to unauthorised agent does not discharge liability under arbitration award). Arguably, the same result could apply when payment instructions have been ignored regarding a judgment debt.

Cost of enforcement proceedings

What you have to pay to enforce

There are fees for various methods of enforcement through the courts. The fees are set out in the latest Civil Proceedings Fees Order and any amendment orders (see Practice notes, High Court fees: a quick guide ( www.practicallaw.com/32058040) and County Court fees: a quick guide ( www.practicallaw.com/83764020) ).

There are also fees for using insolvency as a method of enforcement. For the fees for bankruptcy and company insolvency, see the latest Insolvency Proceedings (Fees) Order and any amendment orders. (See Legal update, Petition costs and OR fees in bankruptcy and compulsory liquidation will rise from 16 November 2015 ( www.practicallaw.com/26197754) .)

A High Court enforcement officer will make a charge for his fees and expenses. He will take this out of the proceeds of sale of the goods taken control of if possible. He should obtain from sale of the goods enough to satisfy the judgment debt, its costs and interest, and his own charges. If there is no sale of the debtor's goods, because the debtor pays the judgment debt or execution is stopped, either the creditor (or the person at whose insistence the execution was stopped) must pay the enforcement officer's fee.

Enforcement officer's fees are governed by Taking Control of Goods (Fees) Regulations 2014. The Regulations set out when enforcement agents can recover their fees and disbursements from the debtor in proceedings to take control of goods under Schedule 12 TCEA, and how those fees are to be calculated. Fees are recoverable at a fixed rate, based on the stage of the enforcement procedure (as specified in the Schedule to the Regulations). Additional fees can be recovered as a percentage of the value of the goods over which control is taken

What you can recover

At the end of court enforcement proceedings in which you have been successful, in addition to the judgment debt and interest (see What happens to interest on judgments?), you can recover the following costs from the judgment debtor (provided that he has sufficient funds):

The relevant fee you paid to enforce (see What you have to pay to enforce).

http://uk.practicallaw.com/24223147 13/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

An amount of costs that is either fixed, assessed or agreed.

Fixed costs apply for certain enforcement procedures (set out in CPR 45.8).

If fixed costs do not apply, if you cannot agree them, costs will have to be assessed by the court. It will therefore save time and money if you can agree costs with the judgment debtor rather than have costs assessed. For more information about the basis of assessment and the process, see Practice notes, Detailed assessment: what it is and the basis of assessment ( www.practicallaw.com/32031338) and Detailed assessment: the procedure ( www.practicallaw.com/22049980) .

Recovery of costs of previous enforcement

Section 15(3) of the Courts and Legal Services Act 1990 enables a person taking steps to enforce a money judgment in the High Court to recover the costs of any previous attempt to enforce that judgment. However, section 15(4) excludes costs that the court considers to have been unreasonably incurred. The application for an enforcement costs order is made to a Master ( www.practicallaw.com/52056238) and should be made in accordance with CPR 23, but the application notice need not be served on the judgment debtor. The application will normally be dealt with without a hearing and must be supported by evidence substantially as set out in Form PF 205. The deponent should exhibit sufficient vouchers, receipts or other documents as are reasonably necessary to verify the amount of the costs of previous attempts to enforce the judgment.

If the Master is satisfied that such an order is appropriate, he will make an order for payment of the amount of such costs as he considers may be recoverable under section 15(3). If the amount of such costs is less than that claimed by the judgment creditor, the Master can either disallow the balance or give directions for a detailed assessment or other determination of the balance. If, after assessment or other determination, it appears that the judgment creditor is entitled to further costs beyond those originally allowed, he can issue a further writ of control or take other lawful steps to enforce those costs. Interest on the costs runs either from the date the Master made the enforcement costs order, or from the date of the costs certificate.

Insolvency costs

If you are enforcing using an insolvency procedure, you should ensure that any fees and costs are also added to your claim in the insolvency.

Human rights and harassment

When considering enforcement proceedings, the courts must consider the Human Rights Act 1998 (see Practice note, Human Rights Act 1998: overview ( www.practicallaw.com/93848048) ).

Bringing proceedings to enforce a judgment debt is not harassment of a debtor (see section 40(3), Administration of Justice Act 1970).

Is the law likely to change in the future?

More sections of TCEA 2007 being brought into force?

There have been some significant changes to enforcement law in recent times through the Tribunals Courts and Enforcement Act 2007 (TCEA 2007), notably the codification of the law regarding bailiff enforcement through the introduction of the statutory process of taking control of goods (which replaces execution against goods). (See further, Practice note, Enforcing a money judgment by taking control of goods with writs and warrants of control ( www.practicallaw.com/13809649) .) Further changes may include:

Introduction of information orders and department information requests under TCEA. These are procedures that enable creditors to obtain information from third parties and government departments about debtors and their assets. This may assist enforcing by third party debt order, which is currently difficult because the evidence to support an application can be hard to find (that a debtor is owed money by a third party and has a bank account). They are not yet in force.

Amendment of the procedure for obtaining charging orders in certain respects. Section 93, TCEA 2007 (which is in force) allows a charging order to be granted even if the debtor is not in default of instalments. However, the creditor will still be prevented from obtaining an order for sale unless the debtor is in default of an instalment. Section 94 (also in force) gives power for a new minimum financial threshold, below which the judgment creditor would be unable to apply for a charging order and an order for sale, to be imposed. The Lord Chancellor has set financial thresholds for applications for orders for sale (see Legal update, The Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2013 published ( www.practicallaw.com/35250737) ). However, in December 2012, the Ministry of Justice confirmed that it does not plan to introduce a threshold for charging orders under its power under TCEA. See further, Practice note, Charging orders ( www.practicallaw.com/73770347) . It remains to be seen if this position changes.

http://uk.practicallaw.com/24223147 14/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions

Amendment of the procedure for obtaining attachment of earnings orders under TCEA. A new scheme of fixed deductions for attachment of earnings orders may be introduced, along with a system making it easier for creditors to track employees who change jobs (a gateway for HM Revenue & Customs to provide the court with new employer's details). See further, Practice note, Attachment of earnings ( www.practicallaw.com/63825232) .

NOTE: although the TCEA 2007 is on the statute book, regulations are required to implement many of its reforms and those for these are still awaited. The legislators' delay in producing regulations may be for various reasons, including the economic climate and failure to agree on the nature of the regulations. There is currently no clear indication as to when (or indeed if) these regulations will be made. For more information, see Legal update, Government ditches implementation of Part 4 of the Tribunals, Courts and Enforcement Act 2007 ( www.practicallaw.com/23853552) .

Centralisation of charging orders and attachment of earnings process

From 6 April 2016, in the 83rd update to the CPR, the process for obtaining attachment of earnings orders and charging orders (in the County Court) was centralised. CPR 89 also replaced CCR 27 as the rule regarding attachment of earnings orders. See further, Legal update 83rd CPR update: Civil Procedure (Amendment) Rules 2016 and practice direction making document ( www.practicallaw.com/1623 7147) .

Civil courts structure review (Briggs Report)

On 27 July 2016, the Judicial Office published Briggs LJ's Civil Courts Structure Review: Final Report, following on from his interim report published on 12 January 2016 (see Legal update, Civil courts structure review (Briggs LJ) interim report published ( www.practicallaw.com/16217663) ).

Briggs LJ took the view that there were serious weaknesses regarding the enforcement service of the civil courts. His recommendations about how the deficiencies might be remedied followed a large measure of agreement with those consulted for his review. Briggs LJ recommends that the County Court should be responsible for enforcement of judgments and orders of all civil courts. Failing that, there should be centralisation, harmonisation, rationalisation and digitisation of enforcement procedures.

It will be for the government to decide which recommendations should be implemented, and how.

See further, Legal update, Briggs LJ's Civil Courts Structure Review: Final Report and recommendations ( www.practicallaw.com/8631 5783) .

(Note that ahead of Briggs LJ's Report, centralisation of the procedure for obtaining charging orders and attachment of earnings orders in the County Court was introduced in April 2016 by the 83rd update to the CPR (see Legal update, 83rd CPR update: Civil Procedure (Amendment) Rules 2016 and practice direction making document ( www.practicallaw.com/16237147) ).)

Resource information

Resource ID: 24223147 Products: PLC UK Dispute Resolution, PLC UK Law Department

This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

Resource history Briggs Final Report We have updated the section of this note, to reflect the Final Report published July 2016.

83rd update to CPR We have updated the section of this note, to refer to this update. Our materials will reflect the update from 6 April when it comes into force.

Revised Chancery Guide February 2016 We have updated this note to reflect the revised guide published in February 2016. See .

Centralisation of procedure for attachment of earnings orders and charging orders We have updated the section of this note, to note that changes to the rules were approved by the CPRC at their December 2015 meeting and are due to come into force in April 2016.

Adedeji and another v Patahania [2015] EWHC 1434 (Ch) We have updated the section of this note, to reflect this case which considered whether an assignment deed covered enforcement action.

http://uk.practicallaw.com/24223147 15/17 17/08/2016 PLC Enforcing a money judgment: frequently asked questions