Judgements and enforcements

Question 1

What is the general rule about the production of orders?

Answer 1

Will be done by the court

Question 2

When are orders not drawn up by the court?

Answer 2

When the court orders a party to draw it up

When a party agrees to draw it up with the permission of the court

Where it is a consent order

Whee it is a claim in the KB division of the RCJ

Question 3

If someone is writing the judgement when should it be filed?

Answer 3

7 days from the date the order was ordered

Question 4

Who will serve an order?

Answer 4

The court - even if produced by others it will be sealed and served by the court

Question 5

What are the criteria for a consent order to be a entered by a court officer without application?

Answer 5

Parties must be represented

approval of the court before agreement is not required by enactment or CPR

The order is for
(i) payment of money or delivery of goods
(ii) dismissal of proceedings
(iii) a stay on agreed terms
(iv) stay of enforcement (either conditional or unconditional)
(v) setting aside of a default judgment
(vi) payment of money that has been paid into court
(vii) discharge from liability
(viii) costs

Question 6

How can a consent order be awarded without the conditions being met?

Answer 6

On application by any party

Question 7

What must a consent order state?

Answer 7

By consent

Question 8

What is a Tomlin order?

Answer 8

An order to stay proceedings subject to the conditions contained in the schedule.

The schedule is a simple contract between the parties, is private, and is only enforceable on further application to the court

Question 9

What are the benefits of a tomlin order?

Answer 9

Privacy

Ability to agree terms which go beyond the nature and extent of the original proceedings

Question 10

When does a judgment take effect?

Answer 10

when it is given or made

Question 11

When does interest start to run for a judgment?

Answer 11

From the date it is given, unless the court orders otherwise

Question 12

Who may apply to have a judgment set aside or varied?

Answer 12

parties

A person not a party who is affected by the judgment

Question 13

How long do people have to comply with a court order for the payment of money?

Answer 13

14 days

Unless the order says otherwise
Unless the court has stayed the proceedings or judgment

Question 14

What is the slip rule?

Answer 14

The court may at any time correct an accidental slip or omission in a judgment or order

an application for such a change can be made without notice

Question 15

How can the court deal with a judgment for claim and counterclaim?

Answer 15

If there is a balance in favour of one of the parties, can order the balance be paid

Can then make separate order as to costs

Question 16

If the order given is not for payment of money, but requires some other act, what must be included?

Answer 16

A timeframe for compliance

An indication of the consequences of a failure to do an act within the time set out

Question 17

Can a judgment creditor use any method of enforcement?

Answer 17

Yes - can use more than one at a time

Question 18

If the order is not for money but is a mandatory order for an act to be done, what can be done to enforce it?

Answer 18

It can order that as far as possible it is done by someone else and at their expense

Question 19

If a judgment creditor wants to enforce a high court judgement in the county court , what must they do ?

Answer 19

Apply to the high court for an order transferring proceedings

Question 20

How can an order made against someone not a party to proceedings be enforced?

Answer 20

Same way as if they were a party

Question 21

If a judgment is sent aside, what is the effect on enforcement

Answer 21

It will stop unless the court orders otherwise

Question 22

What methods may be used to enforce a judgement?

Answer 22

Writ or warrant of control
Third party debt order
charging order
attachment of earnings order

Question 23

When must a judgment be enforced in the county court?

Answer 23

If the amount is less than £600 or is regulated by the consumer credit act

Question 24

When must a judgment be enforced in the high court?

Answer 24

If it is for more than £5000

Question 25

When can a judgment creditor require that a debtor attend court?

Answer 25

On application This can be done without notice, and can be dealt with by a court officer without hearing

Question 26

What can the judgment debtor who is required to attend court be asked to provide information about?

Answer 26

Their means any other matter needed to enforce an order

Question 27

What can the order requiring someone to attend court force them to do ?

Answer 27

Attend court on a specified day and at a specified day produce documents Answer questions under oath

Question 28

Can the judgment creditor or their rep attend a hearing which is for oral information?

Answer 28

They may if it is before a court officer They must if it is before a judge

Question 29

If an order to attend and give information is not complied with by a judgment debtor, what can the court do?

Answer 29

Will be referred to a high court or circuit judge - can find them in contempt

Question 30

How is a third party debt order made?

Answer 30

On application First will make an interim order Then will have a hearing and make the final order

Question 31

Can a third party debt order be made against a joint bank account?

Answer 31

No - not unless they're both debtors

Question 32

What can a charging order be made over?

Answer 32

Land Securities Interest in a fund at court Interest in partnership property

Question 33

who has jurisdiction to make a charging order?

Answer 33

Both High and County Court But they each have exclusive jurisdiction over funds held in their courts

Question 34

How is a charging order made?

Answer 34

Interim first if objections, then a hearing if no objections then likely to be a final charging order

Question 35

How is a charging order made against the home where it is jointly owned?

Answer 35

If both are judgment debtors then its a charge against the land itself (a legal charge) if only one is, then its a charge against their beneficial interest

Question 36

What are writs and warrants of control?

Answer 36

Allows the creditor to seize and sell goods to settle the debt

Question 37

When can a writ or warrant of control not be issued without the court's permission?

Answer 37

6 years have elapsed since the judgment change has taken place in the parties (i.e. a death) goods are in the hands of a receiver

Question 38

What is a controlled good agreement?

Answer 38

Where an enforcement officer takes control of goods subject to the judgment debt being repaid

Question 39

What is an attachment of earnings order?

Answer 39

allows for money to be paid from a salary for the payment of debt

Question 40

Who can make an attachment of earnings order?

Answer 40

County court

Question 41

What is the minimum debt this can apply to?

Answer 41

£50

Question 42

What is the limitation period for enforcing a Tomlin schedule?

Answer 42

6 years (simple contract)