See also Practice Direction
70
Part
70
GENERAL RULES ABOUT ENFORCEMENT OF JUDGMENTS
AND ORDERS
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Scope of this Part and interpretation
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70.1 |
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This Part contains general rules about enforcement of
judgments and orders.
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(Rules about specific methods of enforcement are contained
in Parts 71 to 73, Schedule 1 RSC Orders 45 to 47
and 52 and Schedule 2 CCR Orders 25 to 29)
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In this Part and in Parts 71 to 73 –
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‘judgment creditor’ means a person
who has obtained or is entitled to enforce a judgment or order;
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‘judgment debtor’ means a person
against whom a judgment or order was given or made;
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‘judgment or order’ includes an award
which the court has –
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registered for
enforcement;
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ordered to be enforced; or
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given permission to enforce
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as if it were a judgment or order of the court,
and in relation to such an award, ‘the court which made the judgment or
order’ means the court which registered the award or made such an order;
and
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‘judgment or order for the payment of
money’ includes a judgment or order for the payment of costs, but does
not include a judgment or order for the payment of money into court.
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| Rule 70.1 amended w/e from 2 December 2002. |
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Methods of enforcing judgments or
orders
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70.2 |
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The relevant practice direction sets out methods of
enforcing judgments or orders for the payment of money.
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A judgment creditor may, except where an enactment,
rule or practice direction provides otherwise –
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use any method of enforcement which is available;
and
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use more than one method of enforcement, either
at the same time or one after another.
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Transfer of proceedings for
enforcement
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70.3 |
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A judgment creditor wishing to enforce a High Court
judgment or order in a county court must apply to the High Court for an order
transferring the proceedings to that county court.
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A practice direction may make provisions about the
transfer of proceedings for enforcement.
(CCR Order 25 rule 13 contains provisions about the
transfer of county court proceedings to the High Court for enforcement.)
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Enforcement of judgment or order by or against
non-party
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70.4 |
If a judgment or order is given or made in favour of or
against a person who is not a party to proceedings, it may be enforced by or
against that person by the same methods as if he were a party.
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Enforcement of awards of bodies other than the High
Court and county courts
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70.5 |
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This rule applies, subject to paragraph (2), if
–
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an award of a sum of money or
other decision is made by any
court, tribunal, body or person other than the High Court or a county court;
and
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an enactment provides that the award may be
enforced as if payable under a court order,
or that the decision may be enforced as if it were a court order.
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This rule does not apply to –
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any judgment to which Part 74 applies;
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arbitration
awards; or
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(Part 74 provides for the registration in the High Court
for the purposes of enforcement of judgments from other jurisdictions and
European Community judgments.)
(RSC Order 115 provides for the registration in the High
Court for the purposes of enforcement of certain orders made in connection with
criminal proceedings and investigations)
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If the enactment provides that an
award of a sum of money is
enforceable if a court so orders, an application for such an order must be made
in accordance with paragraphs (4) to (7) of this rule.
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An application for an order that an award may be
enforced as if payable under a court order –
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may be made without notice; and
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must be made to the court for the district where
the person against whom the award was made resides or carries on business,
unless the court otherwise orders.
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The application notice must –
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contain the information
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required by the relevant practice direction.
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A copy of the award must be filed with the application
notice.
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The application may be dealt with by a court officer
without a hearing.
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If an enactment provides that an award or decision may
be enforced in the same manner as an order of the High Court if it is
registered, any application to the High Court for registration must be made in
accordance with the relevant practice direction.
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Alteration to 70.5(2)(b) w/e from 6 October 2003,
Alteration to 70.5(3) w/e from 6 October 2003,
Minor alteration to 70.5(2)(a) w/e from 6 October 2003,
Modifications to 70.5(1)(a) and (b) w/e from 6 October 2003,
New cross-reference added after 70.5(2) w/e from 6 October 2003,
Para 70.5(2)(c) added w/e from 6 October 2003,
Para 70.5(8) replaced w/e from 6 October 2003,
Rule 70.5 amended w/e from 2 December 2002. |
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Effect of setting aside judgment or
order
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70.6 |
If a judgment or order is set aside,
any enforcement of the judgment or order shall cease to have effect unless the
court otherwise orders.
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