#3717 - Judgments And Orders - BPC Civil Litigation

1. In Queen’s Bench Division, Technology and Construction Court and Commercial Court, orders are drawn up by the parties;

2. The court may order a party to draw up an order;

3. A party may, with permission of the court, agree to draw up an order;

4. The court may direct that a party draw up an order to be checked by the court before it is sealed;

5. The court may direct the parties to file an agreed statement of terms of the order before the court draws up the order; or

6. An order may be entered administratively by consent, in which case the parties submit a drawn-up version of the order.

What are the various methods of enforcement for money judgments?

What are the methods of enforcement for judgment for the delivery of goods?

What is the method of enforcement for judgment for possession of land?

Execution against goods

In the High Court this is effected through a writ of fi. fa. In the county court it is done through a warrant of execution.

Once it has been issued, the enforcement officers (High Court) or bailiffs (county court) must gain lawful entry into the JD’s property. Once there, they can seize sufficient goods to satisfy the judgment and the costs of enforcement.

‘Goods’ can include cars, money, promissory notes, furniture, etc. but cannot include:

1. Any equipment that are necessary to JD’s for use personally by him in his employment; or

2. Any clothing, bedding, furniture, household equipment or provisions that are necessary for satisfying the basic domestic needs of JD and his family.

The goods are then removed and sold by auction if JD still fails to pay the judgment.

Charging orders

This is an order that secured a charge on property for the money due.

What property may be charged?

1. Land;

2. Securities in:

1. Government stock;

2. Stock of a body incorporated in England and Wales;

3. Stock of a body not incorporated in England & Wales but registered in a register in England & Wales;

3. Funds in court.

Procedure for obtaining a charging order:

1. Issue an application notice applying for a interim charging order (requires information such as details of JD, the judgment, and details of property wishing to charge);

2. A decision is made without a hearing, and a hearing date is set for an application for a final charging order.

Although this process does not immediately obtain money, the claimant can issue a Part 8 claim for the property to be sold and debt repaid. This is permissible even if the property has additional owners other than the JD.

Attachment to earnings

This can only be done in the county court, not High Court.

This method required JD’s employer to make periodical reductions from JD’s earnings and pay them to the collecting officer of the court.

Such...