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)

For taking control of goods under a County Court money judgment, use the amount sought to be enforced. For non-CCA-regulated judgments: below £600, County Court only; £600 to below £5,000, either court; £5,000 or more, High Court only. CCA 1974 regulated-agreement judgments remain County Court-only regardless of amount (1991 Jurisdiction Order, article 8(1), (1A)). These are goods-enforcement limits, not rules for every enforcement method; article 8(3) has a specific exception for certain employment tribunal sums.

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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