SQE2 Disputes Resolution Enforcement of Money Orders Flashcards
Is interest payable on court judgement? When?
Interest Provision
Judgements carry interest running from date of judgement, in addition to interest court awards on value of claim as part as judgement
High Court
- 8% pa
County Court
- 8%
- only if above £5k
- if OVER £600 can transfer to High Court (so interest does apply)
What is an Oral Examination?
Creditor (winning party) can apply for order requiring debtor to attend examination in court to provide info on their means and assets. Useful to find out best method of enforcement.
Who can take control of good to enforce money order? What is needed?
Who
- high court enforcement officer
- count court enforcement agent
Need
- Writ of Control (high Court)
- Warrant of Control (county court)
What goods cannot t be seized in a Control of Goods
- equipment of use of trade
- household items for basic domestic needs
What is a Controlled Goods Agreement
- debtor can retain custody of goods on understanding that enforcement officer is taking control of them
- debtor cannot dispose of them before debt is paid
What is a Third Party Debt Order?
Creditor can obtain order that 3rd party (ie debtors bank) pays money to them instead of debtor
Can apply in commercial cases where debtor is owed money by 3rd party, or in regards to debtors bank
What is a Charging Order on Land? Is this limited?
Creditor may obtain charge on debtors property
Ranks as equitable mortgage (gives creditor right to apply for order to sell land)
Can apply even if land is in joint ownership
- only against their share of beneficial ownership
Enforcing money orders: What is an Attachment of Earnings and when can it be used?
Only for County Court and only against individuals
If debtor is in regular employment this compels employer to make regular deductions from earnings and pay them into court.
Once made either party can apply on notice for terms to be reconsidered
Meathods of enforcement in other countries
Inside EU
- if contract stipulates English legal system to be used, creditor can issue claim in UK
Outside EU
- if reciprocal agreement creditor can trace debt and enforce claim there (WITH COURTS PERMISSION)
- otherwise very difficult
Can enforcement methods be used together
Yes
Exception
- permission of court to enforce control of goods while an attachment of earning order is in force
Freezing order may also be used if creditor believes debtor is going to dispose of their assets
What is the process for an oral examination? What are consequences for not attending?
- personal service on debtor (by creditor) 14 days before oral examination
- creditor to file affidavit 2 days before hearing providing details of service and stating how much is outstanding
- failure to attend = judge may make committal order
Is there a minimum amount needed to enforce judgments (high court vs county court)?
High court
- £600
County Court
- no
How to get a Writ of control or Warrant of control
Writ
- creditor file request to execute judgment
- including copy of judgment and any order granting permission
- Court issues Writ and send to officer
Warrant
- creditor to certify amount due
- court to seal order and send it to enforcement agent
Procedure for Taking Control of Goods
- writ / warrant granted
- creditor to give debtor 7 days notice of intention to take goods
- taking goods must be in 12 months of notice
- agents can only enter stated address
- agents to provide inventory of goods seized
- agents to sell goods within 7 days to satisfy debt
Is county court claim is under £5k is there a way to claim interest?
Can transfer it to High Court for enforcement if OVER £600
