FLK1 · Dispute Resolution

Enforcement of judgments

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

DR.12 — Enforcement of Judgments

A money judgment is not self-executing. The creditor must take separate enforcement steps. Obtaining information first: apply under CPR Part 71 for an order to obtain information from the debtor (oral examination before a court officer). Choose the right method against the debtor's known assets.

The main methods (CPR Parts 70–73, 83, 84, 89)

Taking control of goods (writ/warrant) — CPR Parts 83 & 84 (TCE Act 2007 + Taking Control of Goods Regulations 2013). An enforcement officer (High Court HCEO; County Court bailiff) seizes and sells the debtor's goods. Writ of control (High Court) vs warrant of control (County Court).
Third party debt order — CPR Part 72. Freezes money a third party owes the debtor (typically a bank account); interim order then final order directing payment to the creditor. Joint accounts generally can't be reached unless the judgment is against all account holders.
Charging order — CPR Part 73. Secures the debt against the debtor's land or securities; interim then final charge. Can be followed by an order for sale (a separate application). Mercantile Credit v Ellis; proportionality is key for owner-occupied homes.
Attachment of earnings order — CPR Part 89 (County Court only). Employer deducts from wages. Not available against the self-employed.
Insolvency (bankruptcy/winding up) — pressure tactic, not strictly enforcement; statutory demand needs a debt of £5,000 (bankruptcy) / £750 (company winding up).

Allocation between courts (jurisdiction trap)

Judgments £600+ may be enforced by taking control of goods in the High Court; judgments £5,000+ under a regulated agreement (CCA 1974) generally must transfer up. Under £600 stays in the County Court. High Court HCEOs are often faster/more effective for goods.

Common traps

Enforcement is not automatic and the creditor bears the risk the debtor has no assets (a judgment ≠ payment).
Pick the method to the asset: TPDO for cash, charging order for property, attachment of earnings for employed debtors.
A single judgment debt cannot be split to use both a County Court and High Court route simultaneously for control of goods.
Interest runs at 8% on High Court money judgments with no minimum (s.17 Judgments Act 1838). For County Court money judgments, 8% interest runs only on debts of £5,000+ (County Courts Act 1984 s.74 / County Courts (Interest on Judgment Debts) Order 1991).
Standard enforcement limitation: take steps within 6 years (permission needed after that).

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A supplier delivered industrial machinery to a manufacturer under a commercial sale contract. The machinery was defective and caused a fire that injured a factory worker employed by the manufacturer. The worker suffered burns and knew at once that the defective machine had caused his injuries. He wishes to bring a personal injury claim. Separately, the manufacturer wishes to sue the supplier under their contract for the financial loss it suffered when the fire damaged its factory premises. The breach and the fire both occurred on 3 March 2024. Which statement best describes the relevant primary limitation periods?

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