Litigation law and High Court enforcement
by David Carter on 30 November 2011
Orders and judgments resulting from litigation and alternative dispute resolution
At the successful conclusion of litigation, it is likely that the claimant will be awarded a financial settlement.
Where alternative dispute resolution has been used instead of court proceedings, if damages have been agreed in the claimant’s favour, then a consent order or decree will be made, detailing the agreed damages. A Tomlin order may also be requested, permitting either party to apply to court to enforce the terms of the order without needing to start fresh proceedings.
An order for legal costs may also be made and there may also be variations to orders. In summary, there are many instances where orders are made instructing the defendant to make a payment.
Payment not made
Litigation can be a long and costly process and it is very frustrating for claimants when, having won their case, payment is then not made as agreed.
In this case, a High Court Enforcement Officer (HCEO) can be instructed by the litigator (or the claimant directly) to enforce the order that has been previously made.
The case is transferred to the High Court for enforcement, using form N293A, for a court fee of £60. The transfer can either be done by the litigator or the HCEO.
Once complete, a writ of fieri facias (fi fa) will be issued which instructs the HCEO to attend the defendant’s premises to seize goods which can be sold at auction to recover the debt. If it is not possible to enforce, for example, the defendant has no assets, then there is an abortive fee of £60 plus VAT payable by the claimant.
Should enforcement action be successful, the enforcement costs, the £60 court fee and judgment interest at 8% are recovered from the defendant.
Prompt action
We would recommend that litigators advise their clients to commence enforcement action as soon as the payment due under the order becomes overdue, particularly if the order is for a significant sum of money. This is to minimise the opportunity for assets to be moved to another legal entity or to take action before insolvency/bankruptcy if the defendant looks to be financially precarious.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
