The Civil Procedure Rules 1998

[F1 PART 70 E+W GENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS

Textual Amendments

F1 Pt. 70 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 1 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

Modifications etc. (not altering text)

C1 Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

Contents of this Part

Scope of this Part and interpretation	Rule 70.1
Methods of enforcing judgments or orders	Rule 70.2
Transfer of proceedings for enforcement	Rule 70.3
Enforcement of judgment or order by or against non-party	Rule 70.4
Enforcement of awards of bodies other than the High Court and county courts	Rule 70.5
Effect of setting aside judgment or order	Rule 70.6

Scope of this Part and interpretation E+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, Schedule 1 RSC Orders 45 to 47 F2 ... and 52 and Schedule 2 CCR Orders 25 to 29)

(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

F2 Word in rule 70.1 omitted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 27

Methods of enforcing judgments or orders E+W

70.2— (1) The relevant practice direction 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.

Transfer of proceedings for enforcement E+W

70.3— (1) 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.

(2) 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.)

Enforcement of judgment or order by or against non-party E+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.

Enforcement of awards of bodies other than the High Court and county courts E+W

70.5— (1) This rule applies, subject to paragraph (2), if—

(a) an award of a sum of money [F3 or other decision] is made by any court, tribunal, body or person other than the High Court or a county court; and

(b) an enactment provides that the award may be enforced as if payable under a court order [F4 , or that the decision may be enforced as if it were a court order].

[F5 (2) This rule does not apply to—

(a) any judgment to which Part 74 applies; F6 ...

(b) arbitration awards [F7 ; or

(c) any order to which RSC Order 115 applies]

(Part 74 provides for the registration in the High Court for the purposes of enforcement of judgments from other jurisdictions and European Community judgments.)]

[F8 (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)]

(3) If the enactment provides that [F9 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.

(4) An application for an order that an award may be enforced as if payable under a court order—

(a) may be made without notice; and

(b) 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.

(5) The application notice must—

(a) be in the form; and

(b) contain the information

required by the relevant practice direction.

(6) A copy of the award must be filed with the application notice.

(7) The application may be dealt with by a court officer without a hearing.

[F10 (8) 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.]

Textual Amendments

F3 Words in rule 70.5(1)(a) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(a)(i)

F4 Words in rule 70.5(1)(b) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(a)(ii)

F5 Rule 70.5(2) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 28

F6 Word in rule 70.5(2)(a) omitted (6.10.2003) by virtue of The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(b)(i)

F7 Rule 70.5(2)(c) and word inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(b)(ii)

F8 Words in rule 70.5(2) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(c)

F9 Words in rule 70.5(3) substituted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(d)

F10 Rule 70.5(8) substituted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(e)

Effect of setting aside judgment or order E+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.]