6.1 Introduction to enforcement

Question 1

Which Part of the CPR deals with general rules about enforcement of judgments and orders?

Answer 1

Part 70

Question 2

Which Part of the CPR deals with orders to obtain information from judgment debtors?

Answer 2

Part 71

Question 3

Why might a judgment creditor apply for an order for a judgment debtor to attend court to provide information?

Answer 3

CPR 71.1

… for the purpose of enabling a judgment creditor to enforce a judgment or order against him.

Question 4

How is a hearing conducted where a judgment debtor is ordered to attend court to provide information?

Answer 4

CPR 71.6
(1)
The person ordered to attend court will be questioned on oath.
(2)
The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.
(3)
The judgment creditor or his representative –
(a)
may attend and ask questions where the questioning takes place before a court officer; and
(b)
must attend and conduct the questioning if the hearing is before a judge.

Question 5

Must a judgment creditor serve notice on the judgment debtor of its intention to apply for an order to obtain information?

Answer 5

CPR 71.2(2)
An application under paragraph (1) -
(a)
may be made without notice

Question 6

When and how must the order to attend court be served on the judgment debtor?

Answer 6

CPR 71.3(1)
An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.

Question 7

What are the consequences if the judgment debtor fails to comply with the order?

Answer 7

CPR 71.8
(1)
If a person against whom an order has been made under rule 71.2 –
(a)
fails to attend court;
(b)
refuses at the hearing to take the oath or to answer any question; or
(c)
otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or Circuit Judge.
(2)
That judge may… hold the person in contempt of court and make an order punishing them by a fine, imprisonment, confiscation of assets or other punishment under the law.

Question 8

How can money judgments be enforced?

Answer 8

70 PD 1.1
A judgment creditor may enforce a judgment or order for the payment of money by any of the following methods:
(1)
a writ of control or warrant of control;
(2)
a third party debt order;
(3)
a charging order, stop order or stop notice;
(4)
in the County Court, an attachment of earnings order;
(5)
the appointment of a receiver.

Question 9

What is a judgment debtor?

Answer 9

CPR 70.1(2)(b)

‘judgment debtor’ means a person against whom a judgment or order was given or made;

Question 10

What is a judgment creditor?

Answer 10

CPR 70.1(2)(a)

‘judgment creditor’ means a person who has obtained or is entitled to enforce a judgment or order;