Enforcement
Winning the case is not always the end of the story. If the losing party (the “judgment debtor”) does not pay the amount awarded by the court, the winning party (the “judgment creditor”) may need to take steps to “enforce” the judgment. There are several ways to do this, including:
- Warrant of Control (Form N323): This instructs County Court bailiffs to attend the debtor”s address to take control of goods which can then be sold. In the High Court, this is called a Writ of Control.
- Third Party Debt Order: This freezes money in the debtor”s bank account or money owed to the debtor by a third party. The court can then order the money to be paid to the judgment creditor.
- Charging Order: This secures the debt against the debtor”s property (like a house). It doesn”t get you the money straight away, but it means you will be paid if the property is sold. You can later apply for an Order for Sale.
- Attachment of Earnings Order: This orders the debtor”s employer to deduct a regular amount from the debtor”s salary and pay it to the judgment creditor.
Appeals
If a party is not happy with the decision of the court, they may be able to appeal to a higher court. This is governed by CPR Part 52.
You do not have an automatic right to appeal. You must get permission to appeal, either from the court that made the decision, or from the appeal court itself. Permission to appeal will only be given if the appeal has a real prospect of success, or there is some other compelling reason for the appeal to be heard.
Costs
The general rule in litigation is that the “loser pays the winner”s costs”. However, the court has a wide discretion on costs. The judge can decide how much of the costs should be paid, and can take into account the parties” conduct during the case, including any failure to comply with pre-action protocols. The amount of costs must be “proportionate” to the matters in issue. It is unusual for a winning party to recover 100% of their legal costs. A figure of 60-70% is more common. The process of assessing costs is governed by CPR Part 44.