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[F1PART 70E+WGENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 70 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

C3Pt. 70 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.2 (with rules 2.1, 33.1(1))

Contents of this Part

Scope of this Part and interpretationRule 70.1
Methods of enforcing judgments or ordersRule 70.2
[F2Court may order act to be done at expense of disobedient party Rule 70.2A]
Transfer of proceedings for enforcementRule 70.3
Enforcement of judgment or order by or against non-partyRule 70.4
[F3Enforcement of decisions of bodies other than the High Court and [F4the County Court] and compromises enforceable by enactment Rule 70.5]
Effect of setting aside judgment or orderRule 70.6

Textual Amendments

F2Words in Pt. 70 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(a) (with rule 41)

F3Words in Pt. 70 Table of Contents substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 12(a)

Scope of this Part and interpretationE+W

70.1—(1) This Part contains general rules about enforcement of judgments and orders.

(Rules about specific methods of enforcement are contained in Parts 71 to 73, [F581, [F683, 84 and 89, and Schedule 2 CCR Order 28])

(2) In this Part and in Parts 71 to 73—

(a)“judgment creditor” means a person who has obtained or is entitled to enforce a judgment or order;

(b)“judgment debtor” means a person against whom a judgment or order was given or made;

(c)“judgment or order” includes an award which the court has—

(i)registered for enforcement;

(ii)ordered to be enforced; or

(iii)given permission to enforce

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

(d)“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.]

Textual Amendments

Methods of enforcing judgments or ordersE+W

70.2—(1) [F7Practice Direction 70] sets out methods of enforcing judgments or orders for the payment of money.

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise—

(a)use any method of enforcement which is available; and

(b)use more than one method of enforcement, either at the same time or one after another.

Textual Amendments

[F8Court may order act to be done at expense of disobedient partyE+W

70.2A.—(1) In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.

(2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—

(a)the party by whom the order or judgment was obtained; or

(b)some other person appointed by the court.

(3) Where paragraph (2) applies—

(a)the costs to another person of doing the act will be borne by the disobedient party;

(b)upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and

(c)execution may issue against the disobedient party for the amount so ascertained and for costs.

(4) Paragraph (2) is without prejudice to—

(a)the court’s powers under section 39 of the Senior Courts Act 1981; and

(b)the court’s powers to punish the disobedient party for contempt.]

Textual Amendments

Transfer of proceedings for enforcementE+W

70.3—[F9(1) Subject to rule 83.17, a judgment creditor wishing to enforce a High Court judgment or order in the County Court must apply to the High Court for an order transferring the proceedings.]

(2) A practice direction may make provisions about the transfer of proceedings for enforcement.

( [F10Rule 83.19] contains provisions about the transfer of [F11County Court] proceedings to the High Court for enforcement.)

Textual Amendments

Enforcement of judgment or order by or against non-partyE+W

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.

[F12Enforcement of decisions of bodies other than the High Court and [F4the County Court] and compromises enforceable by enactmentE+W

70.5—(1) This rule applies, subject to paragraph (2), where an enactment provides that—

(a)a decision of a court, tribunal, body or person other than the High Court or [F13the County Court]; or

(b)a compromise,

may be enforced as if it were a court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a court order.

(2) This rule does not apply to—

(a)any judgment to which Part 74 applies;

(b)arbitration awards;

(c)any order to which RSC Order 115 applies; or

(d)proceedings to which Part 75 (traffic enforcement) applies.

(2A) Unless paragraph (3) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under Parts 71 to 73, [F1481, [F1583, 84 and 89, and Schedule 2 CCR Order 28]] and must—

(a)file with the court a copy of the decision or compromise being enforced; and

(b)provide the court with the information required by [F16Practice Direction 70].

(3) If an enactment provides that a decision or compromise is enforceable or a sum of money is recoverable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7A) of this rule.

(4) The application—

(a)may, unless paragraph (4A) applies, be made without notice; and

(b)must be made to the court for the district where the person against whom the order is sought, resides or carries on business, unless [F17an enactment, rule or practice direction provides otherwise or] the court otherwise orders.

(4A) Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings (“a conditional compromise”), an application under paragraph (4) must be made on notice.

(5) The application notice must—

(a)be in the form; and

(b)contain the information

required by [F18Practice Direction 70].

(6) A copy of the decision or compromise must be filed with the application notice.

(7) An application other than in relation to a conditional compromise may be dealt with by a court officer without a hearing.

(7A) Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice and if the respondent—

(a)does not file a response within the time allowed, the court will make the order; or

(b)files a response within the time allowed, the court will make such order as appears appropriate.

(8) If an enactment provides that a decision or compromise 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 [F19Practice Direction 70].]

Textual Amendments

Effect of setting aside judgment or orderE+W

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.]