Enforcement of Court Orders in the UK

England, Wales & Northern Ireland Scotland

In the first instance you will need to make application to your county court or the court that granted the decree for a Certificate of Monies Provision under schedule 6 to the Civil Jurisdiction Judgements Act 1982. You should note that orders from a Magistrates Court cannot be enforced under the 1983 Act.

The Certificate of Monies Provision is then forwarded to us. We will register this for you in the Registers of Scotland in Edinburgh. There is a fee payable to the Registers of £11.00, which is chargeable against the debtor.

Once registered the Judgment is enforced by a messenger-atArms. A brief guide to the available diligences can be found on our Enforcement Page.

The general rule is that expenses are recovered from the specific diligence instructed. It should be borne in mind that if the diligence is unsuccessful, the expenses will be irrecoverable. Our own expenses are payable whether or not the diligence is successful.

To avoid unnecessary diligence expenses we can provide background information by way of pre-sue reports, debtor profile reports or decree history to enable clients to make the most cost effective decisions. Contact us if you require furter details of the services we can offer

Scotland England, Wales & Northern Ireland

Payment of Money

There is one step a Sheriff Officer can take to enforce a decree elsewhere in the UK which is service of a charge by post. A charge is a formal warning document that further enforcement steps will follow if payment is not made within a specified time. After service of the charge the Sheriff Officer cannot take any direct action to enforce the decree and a creditor must follow the procedure below.

Where you hold a decree for payment of money that has to be enforced against a debtor elsewhere in the UK you must follow the procedures set out in the Civil Jurisdiction and Judgments Act 1982. In the first instance a Certificate of Money Judgment must be obtained from the Scottish Court which granted the decree. That certificate must then be lodged with the High Court in London. The certificate is lodged with Action Department of the Central Office of the Supreme Court, Royal Courts of Justice, Strand, London WC2A 2LL telephone 020 7947 6000. Detailed rules can be found in the High Court Practice direction 74

Once registered, the certificate is passed to a High Court Enforcement Officer to take the appropriate action. Select an appropriate officer from the Directory of High Court Enforcement Officers A guide to the methods of enforcement can be found at the High Court Enforcement Officers Association

Alex M Adamson can arrange registration and instruction of High Court Enforcement Officers on your behalf, Contact Us for further information.