The Civil Procedure Rules 1998

Enforcement of judgment or order against firm E+W

Rule 9—(1) Subject to paragraph (2), a judgment or order against a firm may be enforced against—

(a) any property of the firm;

(b) any person who admitted in the proceedings that he was a partner or was adjudged to be a partner;

(c) any person who was served as a partner with the claim form if—

(i) judgment was entered under CPR Part 12, in default of defence or under CPR Part 14 on admission; or

(iii) the person so served did not appear at the trial or hearing of the proceedings.

(2) A judgment or order may not be enforced under paragraph (1) against a member of the firm who was out of England and Wales when the claim form was issued unless he—

(a) was served within England and Wales with the claim formas a partner; or

(b) was, with the [F1 permission of the court under CPR rule 6.20] served out of England and Wales with the claim form as a partner,

and, except as provided by paragraph (1)(a) and by the foregoing provisions of this paragraph, a judgment or order obtained against a firm shall not render liable, release or otherwise affect a member of the firm who was out of England and Wales when the claim form was issued.

(3) A judgment creditor who claims to be entitled to enforce a judgment or order against any other person as a partner may apply to the court for permission to do so by filing an application notice in accordance with CPR Part 23.

(4) An application notice under paragraph (3) shall be served on the alleged partner, not less than three days before the hearing of the application, in the manner [F2 set out in CPR rule 6.2] and on the hearing of the application, if the alleged partner does not dispute his liability, the court may, subject to paragraph (2), give permission to enforce the judgment or order against him and, if he disputes liability, the court may order that the question of his liability be tried and determined in such a manner as the court thinks fit.

(5) The foregoing provisions of this rule shall not apply where it is desired to enforce in a county court a judgment or order of the High Court, or a judgment, order, decree or award of any court or arbitrator which is or has become enforceable as if it were a judgment or order of the High Court, and in any such case the provisions of the RSC relating to the enforcement of a judgment or order against a firm shall apply.

Textual Amendments

F1 Words in Sch. 2 CCR Order 25 rule 9(2)(b) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 32(b)(i)

F2 Words in Sch. 2 CCR Order 25 rule 9(4) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 14(b) (with rule 24)