Judgments, Orders and Enforcement

Question 1

Generally, who will draw up the judgment or order?

Answer 1

The Court

Question 2

In what circumstances might a party draw up a judgment/order?

Answer 2

• where it is a consent order
• where court orders/agrees party shall
• no need for one

Question 3

Where an order is to be drawn up by a party, what is the time limit for doing so?

Answer 3

• NLT 7 days after ordered/permitted to do so
• failure = any other party may draw it up

Question 4

How and to whom must judgments be served?

Answer 4

• copy filed at court
• court serves copy on all parties

Question 5

When may a court officer enter and seal an agreed judgment/order?

Answer 5

It is an order for
- payment of a sum of money or the delivery of goods
- order for dismissal/stay of proceedings/enforcement of judgment
- setting aside of Default judgment
- payment of money out of court
- discharge from liability of any party
AND
- none of the parties is a litigant in person
- the approval of court is not required

Question 6

What is a Tomlin Order

Answer 6

A consent order agreed between parties where there is an open/public part which deals with:
- stay of proceedings
- right to compel compliance
- payment and assessment of costs

AND a private schedule (contract between parties) which may impose further conditions on a party than the court has scope to enforce.

Question 7

When does judgment or order takes effect ?

Answer 7

from the day given or made, or at a later date if specified by court

Question 8

When will interest on a judgment begin to run?

Answer 8

from date judgment given unless otherwise specified (could be pre-judgment!)

Question 9

What time do parties have to comply with a judgment or order?

Answer 9

within 14 days unless otherwise specified by order/PD/rule OR proceedings for judgment stayed

Question 10

Can errors in judgment be corrected, if so, when?

Answer 10

yes an accidental slip/omission , at any time without notice
party may apply for this to be corrected.

Question 11

What may a court do when giving judgment both on a claim and a counterclaim?

Answer 11

Order the party whose judgment for lesser amount to pay the balance, and make separate orders for costs against each party.

Question 12

What methods of enforcement may a judgment creditor use?

Answer 12

• any method available
• more than one, at the same time or one after another

Question 13

Where a party has failed to comply with a mandatory order - what can court order?

Answer 13

that the act be done at the expense of the disobedient party

Question 14

What happens of judgment is made in favour of/against a non-party?

Answer 14

can be enforced by/on them by same methods

Question 15

What is the effect on enforcement if judgment is set aside?

Answer 15

judgment/order ceases to have effect

Question 16

What are the 5 types of enforcement?

Answer 16

• Taking Control of Goods Order - Writ (CC), Warrant (HC)
• third party debt order
• charging order
• attachment of earnings order
• appoint receiver

Question 17

Who/How may a judgment creditor order to attend court?

Answer 17

• judgment debtor (individual or rep of company) to provide info about debtor’s means
• application without notice in CC hearing centre where judgment/order made
• containing notice alerting them of consequence of non-attendance

Question 18

How will a hearing for information be conducted?

Answer 18

• carried out by a court officer (unless ordered before a judge)
• where court officer creditor MAY attend to ask questions
• where judge creditor MUST attend and conduct questioning

Question 19

consequence of non-attendance/compliance at/after information hearing

Answer 19

• matter referred to HC/Circuit Judge
• contempt of court, fine, imprisonment, confiscation of assets
• order suspended if attends on time and complies with terms of new and og order

Question 20

What is a third party debt order?

Answer 20

• where parties who owe the judgment debtor money, pay this directly to the judgment creditor.
  A BANK ACCOUNT

Question 21

What are the four kinds of charging order?

Answer 21

• on land
• on securities
• on interest in a fund in court
• interest in partnership property

Question 22

Can a charging order be made over land which is jointly owned?

Answer 22

yes - will be on beneficial interest rather than the land itself

Question 23

How can application for a charging order be made?

Answer 23

• without notice - to CC money centre unless over fund in court
• can be a single order against multiple judgment and vice versa

Question 24

Who do rules on enforcement not apply against?

Answer 24

the crown

Question 25

How is priority of writs/warrants decided?

Answer 25

writs = when delivered to relevant enforcment officer
warrant = date of issue

Question 26

Threshold for transfer of claim to either CC/HC?

Answer 26

CC < 600
600 < CC/HC < 5000
5000 < HC

Question 27

When is permission of court required to issue a writ or warrant?

Answer 27

• 6 or more years have elapsed since date of judgment
• change has taken place = death
• against assets of deceased person
• goods to be siezed are in the hands of a receiver

Question 28

What form must an application take?

Answer 28

• in accordance with Part 23
• ID judgmnet or order to which it relates
• reasons for delay
• details of change
• show demand has been made of person able
• necessary info

Question 29

TCG process

Answer 29

• notice of enforcment to debtor served
• debtor either pays debt /enters arrangement for payment
• goods taken control of where defaulting (On highway, on premises, removing goods, controlled goods agreement)
• goods sold at public auction
• proceeds of sale used to pay outstanding amount

Question 30

What is the minimum amount for an attachment of earnings order?

Answer 30

£50 outstanding

Question 31

conditions for AoE

Answer 31

debtor in employment with sufficient earnings

Question 32

Where to apply for an AoE

Answer 32

County Court Money Claims Centre

Question 33

Which court has exclusive power to order an AoE

Answer 33

County Court

Question 34

Is it possible to obtain a third party debt order over a bank account in joint names?

Answer 34

no

Question 35

at are a lawyers responsibilties when it comes to settlement?

Answer 35

• terms comprehensive
• each term clear and sufficiently detailed
• client understands the agreement
• client accepts agreement
• terms recorded
  -terms enforceable