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Dispute Resolution > Enforcement > Flashcards

Enforcement Flashcards

(108 cards)

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1
Q

Ultimate objective of litigation

A

To succeed and obtain a judgment against the other party.

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2
Q

Necessity of enforcement action

A

If the losing party doesn’t voluntarily comply with the judgment (e.g.

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3
Q

Definition of enforcement proceedings

A

Steps taken post-judgment by the successful party to obtain payment from the judgment debtor.

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4
Q

Key focus of this topic

A

Methods to enforce judgments and how to investigate the debtor’s assets.

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5
Q

Initial consideration before litigation

A

Prospective opponent’s financial status and enforcement challenges.

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6
Q

Importance of assessing ability/willingness to pay before/during action

A

Avoid incurring costs for an unsatisfied judgment.

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7
Q

Post-judgment investigation of debtor’s means

A

Repeat/update searches and apply for a court order to obtain information (CPR 71).

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8
Q

CPR 71 application

A

Allows judgment creditor to apply for an order requiring the debtor to attend court and provide asset information.

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9
Q

Importance of verifying asset ownership

A

Ensure assets belong to the debtor and are not subject to other interests.

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10
Q

Oral examination of a debtor

A

Court procedure under CPR 71.2(1) where debtor attends court to provide asset information.

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11
Q

Forms for oral examination

A

N316 (individual debtor)

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12
Q

Notice requirement for CPR 71 application

A

May be made without notice to the judgment debtor (CPR 71.2(2)).

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13
Q

Required content of the order to attend court

A

A ‘penal notice’ warning of contempt of court for non-compliance (CPR 71.2(7)).

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14
Q

Service requirement for order to attend court

A

Must be served personally at least 14 days before hearing (CPR 71.3(1))

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15
Q

Debtor’s obligations at oral examination

A

Attend court

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16
Q

Standard aids for oral examination

A

Questionnaires (CPR online)

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17
Q

Consequences of debtor’s failure to comply with oral examination order

A

Referral to a judge who may order committal.

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18
Q

Location of general enforcement rules

A

CPR 70 and 70 PD.

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19
Q

Main methods of enforcing money judgments (70 PD 1.1)

A

Writs/warrants of control

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20
Q

Scope of this topic’s enforcement methods

A

Commonly used methods and insolvency/bankruptcy.

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21
Q

Judgment creditor’s options for enforcement methods (CPR 70.2(2))

A

Can use any available method

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22
Q

Court limitations on enforcement methods

A

Some methods are specific to County Court or High Court.

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23
Q

Example of court-specific enforcement method

A

Attachment of earnings orders (County Court only).

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24
Q

Reason for transferring County Court to High Court for enforcement

A

Use of High Court Enforcement Officers (e.g.

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25
Financial thresholds for High Court enforcement
£5
26
Financial thresholds for County Court enforcement
Less than £600 or Consumer Credit Act agreements must be enforced in County Court.
27
Enforcement between financial limits
Can be in either County Court or High Court.
28
Definition of 'judgment debtor' (CPR 70.1(2)(b))
The party who owes the money (losing defendant).
29
Definition of 'judgment creditor' (CPR 70.1(2)(a))
The party who wants the money (winning claimant).
30
Court's role in automatic enforcement
Does not automatically take action; creditor must initiate.
31
Judgment creditor's recovery limit
Cannot recover more than due under the judgment.
32
Timing of enforcement proceedings
Generally starts after the debt is due (payment time elapsed per judgment/CPR 40.11).
33
Timing of debtor means investigation
At the outset
34
Initial source of debtor information
Your client's knowledge.
35
Pre-judgment investigation methods
Company search
36
Post-judgment investigation focus
Updating previous investigations and deciding on enforcement methods.
37
Enquiry agents
Private investigators for detailed information on individuals/companies (expensive
38
Alternative to enquiry agents
Client information
39
Company searches provide information on
General solvency
40
Registers useful for enforcement
Land Charges Registry
41
Land Charges Registry information
Restrictions/prohibitions on property use
42
Individual Insolvency Register information
Bankruptcies
43
Attachment of Earnings Order Index information
Debtors with existing attachment of earnings orders.
44
Register of Judgments
Orders and Fines (County Court)
45
Register of Judgments
Orders and Fines (High Court)
46
Use of the Register of Judgments
See if debtor has other unsatisfied judgments and who holds them.
47
Considerations about the opponent
Legally aided status (cost/damages recovery)
48
Order to obtain information from judgment debtor (CPR 71)
Post-judgment court procedure to get debtor's asset information.
49
Enforcing against overseas assets
Requires considering jurisdiction and applicable regimes.
50
Enforcing foreign judgment in England/Wales
Requires using English courts.
51
Enforcement regimes
UK is signatory to conventions/treaties facilitating reciprocal enforcement. Often based on registration.
52
Post-Brexit EU judgment enforcement (after 31 Dec 2020)
Many reciprocal agreements ceased
53
Common law enforcement (no relevant regime)
More difficult than under a regime.
54
Enforcing English judgment abroad (common law)
Governed by foreign country's common law; need local lawyer.
55
Enforcing foreign judgment in England/Wales (common law)
Treat foreign judgment as debt
56
First step for cross-jurisdiction enforcement
Identify the foreign jurisdiction and applicable regime (if any).
57
Procedure for cross-jurisdiction enforcement
Follow relevant regime or common law and CPR 74.
58
Initial step to enforce UK judgment abroad
Apply for a certified copy of the judgment (CPR 74.12).
59
Supporting evidence for certified judgment application (CPR 74.13)
Claim form
60
Content of supporting evidence
Grounds for judgment
61
Next step after obtaining certified judgment copy
Follow applicable regime or common law procedure in the foreign country.
62
Summary of investigating debtor's means
Necessary before
63
Summary of investigation methods
Registers
64
Summary of penal notice in information order
Warns of committal/fine for non-compliance.
65
Summary of enforcing English judgment overseas
Identify applicable regime (or common law)
66
Common methods of enforcing money judgments
Taking control of goods
67
Taking Control of Goods (TCG)
Enforcement officer seizes and sells debtor's goods to satisfy debt (replaces execution against goods from April 2014).
68
Prerequisites for effective TCG
Debtor owns the goods
69
Exempt goods from TCG
Tools of trade (up to £1
70
Court for TCG (up to £600)
Must use County Court.
71
Court for TCG (£600 - £5000)
Can use either High Court or County Court.
72
Court for TCG (over £5000)
Must use High Court.
73
Initiating TCG (High Court)
Request Writ of Control and pay fee.
74
Initiating TCG (County Court)
Request Warrant of Control and pay fee.
75
Contents of Writ/Warrant of Control
Debt details/amount
76
EO's additional charges in TCG
Taken from proceeds of sold goods.
77
Judgment creditor's role in TCG
Provide EO with information about debtor's goods/location.
78
Three stages of TCG
Giving notice
79
Notice period for TCG
At least 7 clear days before taking control.
80
EO's timeframe to take control after notice
12 months.
81
EO's powers to enter premises
Reasonable force (not against persons)
82
Actions after entering premises (TCG)
Secure/remove goods
83
Controlled goods agreement
Debtor retains custody/use of goods pending payment
84
Sale of goods (TCG)
EO sells for best reasonable price (usually public auction)
85
Third Party Debt Order
Requires third party owing money to debtor to pay creditor directly.
86
Examples of third-party debts
Bank accounts (not joint with spouse)
87
Court's power for Third Party Debt Order
Can order third party to pay some/all of debt to creditor.
88
Procedure for Third Party Debt Order
Third party discloses information
89
Charging Order
Charge over land/specified assets securing debt (doesn't produce immediate money).
90
Effect of final Charging Order
Remains until property sale
91
Procedure for Charging Order
Interim order followed by final order (CPR 73).
92
Action after final Charging Order for payment
Separate application for Order for Sale (can be lengthy).
93
Attachment of Earnings Order
County Court only (judgment transfer needed if High Court)
94
Minimum debt for Attachment of Earnings
£50 outstanding.
95
Attachment of Earnings procedure
Creditor applies (form
96
Problems with Attachment of Earnings
Debtor changing jobs (order may be discharged)
97
TCG suitability
Moveable assets (transfer to High Court if needed).
98
Third Party Debt Order suitability
Debts owed to debtor by others.
99
Charging Order suitability
Real property (requires separate sale order for payment).
100
Attachment of Earnings Order suitability
Debtor with earnings but limited assets (transfer to County Court needed).
101
Order to obtain information suitability
Unclear debtor assets (use with enquiry agent if budget allows).
102
Insolvency Proceedings
Bankruptcy (individuals
103
Insolvency Procedure
Petition issued/presented to local court
104
Consequences of bankruptcy/winding up
Debtor loses asset control
105
Statutory Demand
Precursor to insolvency
106
Effectiveness of Statutory Demand
Simple
107
Overall effectiveness of Insolvency
Highly effective if assets available
108
Summary of enforcement methods
Depends on debtor's assets: TCG (moveable)

Dispute Resolution (22 decks)

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