This website uses cookies to ensure you get the best experience on our website.
Learn more
#4702 - Enforcement - BPC Civil Litigation
Notice: PDF Preview
The following is a more accessible plain text extract of the PDF
sample above, taken from our
BPC Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have
odd formatting.
ENFORCEMENT
*
*
*
Where a number of enforcement procedures are available the Judgment creditor can choose which is likely to be most effective. Procedures in County Court and High Court are similar - main exception: attachment to earnings orders only available in County Court Enforcement: o High Court - carried out by enforcement officers authorised by Courts Act 2003 - independent of courts, paid on amount recovered o County Court - Bailiffs - employed by Ministry of Justice TRANSFERS
County Court to High Court
*
Claim must be transferred if: o Execution against goods sought for judgment over PS5000 o Enforcement of charging order by sale sought where amount owing over PS30,000
High Court to County Court
*
Claim must be transferred if: o Execution against goods sought for judgment under PS600 o Charging order sought where amount owing under PS5000 o Attachment to earnings order sought
To County Court where Judgment Debtor Resides/Carries on Business
*
Claim must be transferred where judgment creditor seeks: o Information from debtor in a designated money claim, o Third-party debt order in a designated money claim, o Charging order, o Attachment to earnings order, or o Judgment summons STAY OF EXECUTION
*
Judgment debtor who is unable to pay or who alleges it is otherwise inexpedient to enforce an order may apply for a stay of execution.
*
Application must be supported by written evidence substantiating the grounds relied on, plus a full statement of the debtor's means.
*
Successful application results in a stay of execution pending payment of judgment by instalments.
Since 2010, Oxbridge Notes has been a trusted education marketplace, supplying high-quality materials from top achievers at universities like Oxford, Cambridge, LSE, Harvard, and Yale.
We offer free case summaries, sample notes, and award-winning content, all curated and approved by our editorial team. Our reputation for excellence has led to features in The Guardian, Wikipedia, and the National Council for Law Reporting (Kenya Law).
Every year, millions of students utilize our free and premium notes to aid their studies.