Civil Law

Civil Law is an extensive area concerning issues and disputes between private citizens. In this instance, this area includes disputes concerning private and commercial transactions between private citizens, as well as the protection and enforcement of rights of private citizens. The civil courts hold powers which are used to resolve and enforce these disputes and individual rights; for instance, the issuance of debt orders, bankruptcy petitions, restraining orders, charging orders, money claims and enforcement orders.



Here is what Civil Law covers:

Bankruptcy

Bankruptcy is a legal process imposed by a court order, and normally initiated by a debtor who cannot afford to pay their creditors. By declaring bankruptcy, creditors are barred from seeking the repayment of their funds from the bankrupt individual, and most debts are dissolved after expiry of a statutory time limit. There are both advantages and disadvantages to declaring bankruptcy, with serious financial and legal consequences to consider.

Civil Claim

A Civil Claim is a formal claim made by an applicant between individuals or individuals and the state. The applicant can address the complaint in a civil court, and can seek remedies, injunctions, sanctions and other forms of relief if they meet certain thresholds and conditions. Generally, civil claims are used to retrieve assets, compensation or enforce personal or contractual rights.

Civil Procedure

Civil Procedure is detailed in the Civil Procedure Rules which is a framework used by courts and parties to disputes when making or dealing with a civil claim. The Rules concern matters such as time constraints, the way evidence should be handled and produced, the variety of orders available to apply for, and sanctions for non-compliance of rules and orders.

Court Enforcement

When a party refuses or fails to comply with a court order made against them, the court may put in place a further order or authorise court enforcement agents to enforce the active court order made. This includes, for instance, allowing enforcement agents to remove persons from land or property, as well as the collection or removal of funds or assets to satisfy a debt.

Interim Charging Order

An Interim Charging Order is a court order which allows a creditor to secure his debt against the debtor's property. This is made in the interim, if the court are satisfied that the debtor has a share or full ownership of the property in question. Interim orders can be made without notice, and once obtained, the creditor can register it against the debtor's property, prohibiting the sale of it until the court has made a final order. If a final order is made, the creditor could force the sale of the debtor's property to retrieve what is owed to them if certain conditions are met.

Restraining Order

A Restraining order is an order put in place by the court which prevents an individual from contacting or visiting the applicant. This type of order can be put in place against an individual for a number of reasons. While the individual has a right to appeal the court's decision, if breached, there are serious consequences, including loss of child custody, being held in contempt of court, fines and imprisonment.

Third Party Debt Order

A Third Party Debt Order is a court order which permits a creditor to take what is owed to them directly from a third party who holds the debtors funds; rather than waiting for the debtor to transfer the same to them. The creditor will need to demonstrate that the debtor has the funds available to pay the creditor, but that they are held by a third party (such as a bank or employer).

Frequently Asked Questions

Civil Claim



What is the consequence of not complying with a court order?

If a Defendant does not comply with a court order, the Defendant will be in contempt of court. The court may require the Defendant to pay a fine or have their assets confiscated as a result of their non-compliance. They can also be imprisoned for a maximum period of 2 years. The court also has other punishable orders available to it.

What is a mandatory injunction?

A mandatory injunction is an order which requires the Defendant to do something.

What is a prohibitory injunction?

A prohibitory injunction is an order which will require the Defendant to not do something.

What is a penal notice?

A penal notice is a warning notice that noncompliance to the order may be punishable by imprisonment, a fine, confiscation of assets or other punishments. If the Defendant does not comply with the order, the Claimant can make an application to the court to commit them into prison.

What is an injunction?

An injunction order is an order that will require the defendant to do or not do something.

When will a court make an injunction order?

The court will make an injunction order if, considering all the circumstances within the case, it will be just and convenient to do so.

What types of injunctions are there?

There are two types of injunctions. Mandatory injunctions require the Defendant to do something. Prohibitory injunctions require the Defendant not to do something. An injunction can be made in the interim while the case is progressing at court. This will require the Defendant to do or not do something during the case proceedings. An injunction order can be ‘final’ if the order is made at the end of the proceedings.

When does the court order take effect?

The court order will take effect on the day it is made. If the order specifies a particular date on which the order will take effect, the order will take effect on that date.

Can you ignore a court order?

The Defendant cannot ignore a court as this could lead to them being in contempt of court. The Defendant may be required by the court to pay a fine or have their assets confiscated as a result of their non-compliance. The Defendant can also be imprisoned for a maximum period of 2 years. The court also has other punishable orders available to it.

Can you ask the court to change an order?

The Defendant can apply to the court using Form N244 Application Notice which can be found on the government website to set aside or vary a judgment. The court will set aside or vary the judgment if the Defendant has good prospect of successfully defending the claim or if there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim.

What is a counterclaim?

A Counterclaim is a claim brought by the Defendant against the Claimant in response to the Claimant’s claim. The Counterclaim can be a claim for a specified or an unspecified amount of money. It can also be a claim for non-money assets or for the return of goods.

How can a Defendant make a counterclaim?

The Defendant can make a Counterclaim once they receive the Particulars of Claim from the Claimant. The Defendant will receive a Response Pack along with the Particulars of Claim in which they can either admit to the claims made by the claimant or defend the claim. Within the form for defending the claim, there is a section in which the Defendant can make their counterclaim. The completed Defence and Counterclaim must be filed at court and served on the Claimant.

What is the difference between a counterclaim and an additional claim?

A Counterclaim is a claim that is directly in response to the claim made by the Claimant. An additional claim is any claim other than a claim made by Claimant against the Defendant. The Counterclaim will be a type of additional claim.

What must be included within the counterclaim?

In brief, the Counterclaim should contain the heading with the title of the proceedings, a statement of the facts, whether the Defendant is seeking interest and a statement of the interest being claimed, a statement if aggravated damages or exemplary damages are claimed and on what basis, a statement if provisional damages are claimed and on what basis, a short summary if the counterclaim is longer than 25 pages, a statement of truth and an attachment of copie of relevant documents.

What must be included within a counterclaim for personal injury?

In brief, the Counterclaim should contain the heading with the title of the proceedings, a statement of the facts, whether the Defendant is seeking interest and statement of the interest being claimed, a statement if aggravated damages or exemplary damages are claimed and on what basis, a statement is provisional damages are claim and on what basis, a short summary if the counterclaim is longer than 25 pages, a statement of truth and an attachment of copies of relevant documents. A Counterclaim for personal injury should also include the Defendant’s date of birth, brief details of the injury, a schedule for any past and future expenses losses the Defendant is claiming and an attachment of a report from a medical practitioner if they are relying on a medical practitioner’s evidence.

How long does the Defendant have to file and serve their Counterclaim?

The Defendant must file and serve their Counterclaim in 14 days if they are intending to file it along with their Acknowledgment of Service. If not, they must file the Acknowledgement of Service within 14 days after being served with the Particulars of Claims. The Counterclaim must be filed within 14 days after filing the Acknowledgment of Service. The Counterclaim must also be delivered to the Claimant and any other relevant parties.

Can the Defendant make a Counterclaim after the Defendant has filed their defence?

The Defendant may make a Counterclaim with the permission of the court if they have already filed their defence.

How long will the Claimant have to file their response to the Counterclaim?

The Claimant will have 14 days to file their Defence to the Counterclaim after receiving the Counterclaim.

What form should the Defendant use to make a Counterclaim?

If the claim is regarding a specified amount of money, the Defendant should use Form N9B Defence and Counterclaim to file their Counterclaim. If the claim is for an unspecified amount of money or non-money asset or for the return of goods, the Defendant should use Form N9D Defence and Counterclaim to file their Counterclaim. The forms can be found on the government website.

How long can the Counterclaim be?

There are no limits as to how long the Counterclaim can be but if the Counterclaim is longer than 25 pages, the Defendant must include a short summary of the Counterclaim within the Counterclaim.

What is a third party debt order?

A third party debt order will allow the Claimant to take the money directly from someone who owes or is holding money for the Defendant.

How can you apply for a third party debt order?

The Claimant can complete Form N349 Application for Third Party Debt Order and file it at court to apply for a third party debt order. Form N349 can be found on the government website.

What happens when someone applies for a third party debt order?

When the court receives an application for a third party debt order, the court will make an interim third party debt order. The interim third debt order will require the third party to hold on to the money that is owed to the Defendant. If the third party is a bank or a building society, the order will require them to freeze the Defendant’s account until the final order is made. Usually 28 days after the interim third party debt order, the final order will be made. The final order will be made at the final hearing if, after the court has heard submissions from the Claimant and the Defendant, the court decides that a final third party debt order is necessary. If the court decides that a final third party debt order is not necessary, it will discharge the interim third party debt order.

What should be included within an application for the third party debt order?

In brief, the application for third party debt order should include the Claimant’s name and address, the name and address of the Defendant, the judgment amount, the current amount outstanding, the name and address of the third party, whether any other person has an interest in the money being claim and if the Claimant has made any previous application for a third party debt orders regarding the same judgment.

What is an interim third party debt order?

An interim third party debt order will be made while the court decides on whether to make a final third party debt order. The interim third party debt order will merely require the third party to hold on to any money owed to the Defendant. If the third party is a bank, the order will require the Defendant’s bank account to be frozen until the final order is made. The order will continue to apply until a final order is made or the order is discharged by court.

When will the final third party debt order be made?

The final third party debt order will be made after the final hearing once the court has heard the Claimant and the Defendant’s submissions. The final hearing is likely to happen 28 days after the interim third party debt order was made.

How can you find out whether a third party owes the Defendant or is holding the Defendant’s money?

The Claimant can apply to the court using the Form N316 Application for Order that Debtor Attend Court for Questioning which can be found on the government website. If the order is made, it will require the Defendant to attend court and provide details of their financial means to the senior court officer. They will need to provide evidence of their income and spending.

Who can a third party debt order be made against?

It can be made against any person that owes money to the Defendant. The order can also be made against a bank or a building society that is holding money for the Defendant.

What is the difference between Attachment of Earnings and a Third Party Debt Order?

An Attachment of Earnings order will require the Defendant’s employer to make periodic deductions from the Claimant’s wages. A Third Party Debt Order will mean that the Claimant can directly take any money from the third party who owes the Defendant money.

What should you do if you face hardship as a result of the third party debt order?

The Defendant can make an application using Form N244 Application Notice which can be found on the government website to request the court to make a hardship payment order. Along with the Form, the Defendant should provide copies of their wage slips, bank statements, mortgage account details, rent records and any other documents that will show the Defendant's financial means.

How can mistakes on a court claim be corrected?

If someone receives a claim but the name is incorrect, they can contact the Claimant to correct the mistake. They can also apply to the court using a Form N244 Application Notice which can be found on the government website to strike out the case. They can also respond to the claim by filing a Defence and within the Defence they can explain that they are not the party to the claim or there is a mistake on name of the Defendant. They will have 14 days to file their defence or 28 days if they filed an Acknowledgement of Service from the date when they received the claim. The Claimant can amend the claim form by themselves before the other party receives it. If the other party has already received it, the Defendant will need the consent of the other party or the permission of the court before amending the details in the claim form.

How can you apply for a claim to be struck out?

The other party can apply by completing Form N244 Application Notice which can be found on the government website and filing it at court for the claim to be struck out.

What should be included within the application to strike out a claim?

The application notice, in brief, should contain information on the claim and the reasons for why the claim should be struck out. The application notice should include a request for the claimant to pay for the cost of the application.

Do you have to pay for making an application to strike out a claim?

The other party will need to pay to make an application to strike out a claim. The other party can request, within their application, for the cost of the application to be paid by the Claimant.

Can you amend a claim form?

The Claimant can amend the claim form on their own if the claim form has not been received by the other party. If it has been received, the Claimant will need the permission of the other party and any other relevant party or the permission of the court to amend the claim.

Do you need the consent of the Defendant to change the name on a claim?

If the Defendant has not received the claim form, the Claimant will not need the consent of the other party to amend the name. If the other party has received it, they will need the consent of the other party and any other relevant party or the permission of the court before amending the claim.

When can a claim be struck out?

A claim can be struck out if it appears to the court that the Claimant has no reasonable grounds for bringing or defending the claim, the claim is an abuse of the court’ process or is likely to obstruct the just completion of the proceedings or there is has been a failure to comply with rule, practice direction or court order. If the claim form is not corrected or amended in accordance with the Civil Procedure Rules with the relevant permission or consent, the claim can be struck out.

What form should you use to apply for a claim to be struck out?

The other party should use the Form N244 Application Notice which can be found on the government website to apply for the claim to be struck out.

What happens after an application to strike out the claim is received by the court?

The court may decide that the claim should be struck out. In that case, the claim will be ended with that application. The court may allow the Claimant to amend the claim. This will allow the claim to continue against the correct Defendant.

What happens when a claim is struck out?

If the court decides that the claim should be struck out, the claim will be ended with that application.

What is a statute of limitations?

The statute of limitation sets out a time limit by when the Claimant must bring their claim at court. There are different time limits for different types of claims. The Claimant must ensure that the time limit has not passed when bringing their claim. The time will stop running when the Claimant delivers the claim to court even if the claim is not issued on that particular day. If the Defendant argues that the Claimant is not within the statute of limitations, it is up to the claimant to prove that they were within the time limit to bring the claim.

What is the statute of limitation for bringing a breach of contract claim?

The Claimant will have 6 years from the date when the breach occurred to bring a claim at court.

What is the statute of limitation for bringing a personal injury claim?

The time limit for bringing a personal injury claim is 3 years from the date of the accident or from the date of knowledge of the person injured. If the injured person dies before within the time limit, the time limit will become 3 years from the date of death or from the date of the personal representative’s knowledge. The court has the discretion to exclude the time limit.

Can you bring a personal injury claim if the injured person dies?

A personal representative can bring a claim on behalf of a deceased injured person. They will have 3 years from the date the person dies or from the date when they become aware that the person was wrongly injured. The court has the discretion to exclude the time limit.

What is the statute of limitation for bringing a tort claim?

The Claimant must make their claim at court within 6 years from the date when the cause of action occurred. The cause of action will be where an individual commits a wrong against another individual. The wrong could arise out of a contractual or other relationship with the individual.

What is the statute of limitations for fatal accident claims?

The time limit for bringing a claim for a fatal accident is 3 years from the date of the death or from the date of knowledge of the person who will benefit from the claim being brought. The date that will be considered will be the later date of the two. The court has the discretion to exclude time limits for fatal accident claims.

What is the statute of limitation for enforcing a court judgment?

The time limit for enforcing a court judgment is 6 years from the date when the judgment became enforceable. For any interests, the time limit for enforcing the interest will be 6 years from the date when the interest was due.

When does the statute of limitation begin?

The statute of limitation will begin when the Claimant has the relevant knowledge. The Claimant will have the relevant knowledge if they know that the injury they have suffered is significant, the injury was caused by the act or omission of someone, the identity of the person who caused the act or omission and the identity of any other person who could be responsible for the act or omission. The Claimant will be deemed as having knowledge if the Claimant could be reasonably expected to have acquired the knowledge through observation of the events or acquired the knowledge through medical or expert advice.

What is the statute of limitation if the person has a disability or is a minor?

The time limit will not start to run while the Claimant has a disability or is a minor. Once the Claimant ceases to have a disability, they will have the capacity to conduct the legal proceedings and the time limit will start from that point onwards. In the case of minors, the time will start to run on the Claimant’s 18th birthday.

What is the statute of limitation for fraud, concealment and mistake?

The time limit will start to run when the fraud, deliberate concealment or mistake is discovered by the Claimant. The time limit for fraud, deliberate concealment and mistake will be 6 years from when the Claimant becomes aware. The longstop date for any claims that do not involve personal injuries is 15 years from the date when the Defendant did the act or omission that caused injury to the Claimant. The postponement due to lack of knowledge will not apply to claims to recover property against an innocent third party who purchased the property for valuable consideration.

Who has to serve the claim?

The Claim Form will be served on the Defendant by the court unless the court orders or directs that it should be served by the Claimant. The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales.

What are the different methods of serving a claim?

The Claimant can personally serve a claim. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

How does the Claimant personally serve a claim?

The Claimant can personally serve the Claim Form by leaving it with the Defendant or individual who is to be served with it. If the Defendant is a company, the Claim Form must be served to a person holding a senior position within the company. If the Defendant is a partnership, the claim form must be served to a partner or the person who at the time of service has control or management of the partnership at its principal place of business.

Who does the Claimant have to serve the claim to?

The Claim Form must be served to the Defendant or the person who is to be served with it. If the Defendant has specified their solicitor’s address in writing and the Defendant’s solicitor has informed the Claimant in writing that they are to accept service, the Claimant must serve the claim form to the Defendant’s solicitor.

How can the claimant commence a civil court claim?

The Claimant can commence a civil claim by filling in a Claim Form N1 which can be found on the government website. If the claim is for money, the Claim Form should be sent to the County Claims Centre PO Box 527, Salford, M5 0BY unless it is a High Court Claim. If the claim is a High Court claim or the claim is for anything other than money, the Claim Form should be sent to the local court office.

When can the Claimant claim for money online?

The Claimant can claim for money online using Online Civil Money Claims Service or the Money Claims Online Service. The Claimant can claim online if the claim is for a specified amount, the Claimant and Defendant are both over 18 years of age, the Claimant does not need help with court fees, the Claimant and the Defendant have an address in the UK and the claim is not for personal injury, a tenancy deposit or against a government department. The Claimant can use the Online Civil Money Claims Service if the claim is for a specified amount of less than £10,000 and the claim is against an individual and not against an organisation. The Claimant can use the Money Claims Online Service if the claim is for a specified amount that is less than £100,000, the claim is against an organisation or against no more than two people.

Where can the Claimant commence their claim?

If the claim is for a specified amount that is more than £100,000, the claim must be made in the High Court. If the claim is for a specified amount that is less than £100,000, the claim must be made at County Court. If the claim is for a specified amount of money that is more than £50,000 and is for personal injury, the claim must be made at the High Court. If the claim is for a specified amount of money that is less than £50,000 and is for personal injury, the claim must be made at County Court.

How can the Claimant serve the claim if the Defendant does not provide an address?

If the Defendant’s address or the Defendant’s solicitor’s address is unknown, the Claimant must take reasonable steps to find the Defendant’s current address. If the Defendant is an individual, the Claim Form can be served at the Defendant’s usual or last known address. If the Defendant is a company, the Claim Form can be served at the principal office, the registered office, a place with real connection to the claim or the last known place of business. The Claim Form can also be served on someone who holds a senior position within the company.

When must the Claimant serve the Particulars of Claim?

The Particulars of Claim must be served within 14 days of service of the Claim Form and within 4 months of issue of the Claim Form or 6 months if the Defendant is not within England or Wales if it was not served with the Claim Form.

What does serving a claim mean?

Serving a claim means delivering the Claim Form to the person it must be delivered to and bringing it to their attention.

What is a pre-action notice?

Pre-action notice is a letter written to the other party to try and resolve the dispute before commencing court proceedings. The letter will be written with the intention that where the issues are not resolved, the Claimant will begin court proceedings.

What should be included within a pre-action notice?

The notice should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

What are the consequences of not providing a pre-action notice?

The court will expect that the Claimant and Defendant have taken steps to resolve the issue outside of court. These steps are referred to as the pre-action protocol. The pre-action notice is included within the pre-action protocol. If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

How long does a Defendant have to respond to a pre-action notice?

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

What is the pre-action protocol?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Why should a Claimant send a pre-action notice?

The Claimant should send a pre-action notice to attempt to resolve the issue outside of court as this would save costs. Sending a pre-action notice will also prevent any delays as if the claimant claims at court without a pre-action notice, the court can stay the proceedings until the pre-action notice has been sent. Sending a pre-action notice can help the Claimant and the Defendant narrow down the issues that are in dispute. By sending a pre-action notice, they will be complying with the pre-action protocols and will avoid sanctions.

Should the Claimant disclose any documents that are relevant to the claim?

The Claimant should communicate with the Defendant with the intention of resolving the dispute. If this requires the Claimant and Defendant to disclose documents and information with each other, they must do so. The Claimant and the Defendant do not need to disclose any documents that are not relevant to the dispute.

What are alternative dispute resolutions?

Alternative dispute resolutions are ways in which a dispute can be resolved outside of court. This can include negotiations, mediation, arbitration and early neutral evaluation. Negotiations are where the Claimant and the Defendant discuss the ways in which they can attempt to resolve the issue. Mediation is whera mediator facilitates a discussion between the Claimant and the Defendant to resolve the dispute. Mediation is not legally binding and is confidential. Arbitration is where an arbitrator decides on how the dispute should be resolved after hearing submissions from the Claimant and the Defendant. Early neutral evaluation is where an independent and impartial evaluator gives an assessment of the strengths and weaknesses of the Claimant and the Defendant’s case. The Claimant and Defendant can use this assessment to decide on how they are going to resolve the dispute.

Is a pre-action notice a legal requirement?

The pre-action notice is a legal requirement as it is required within the pre-action protocol. If the Claimant does not comply, the court may apply a sanction or stay the proceedings so that the Claimant can send the pre-action letter.

Can the pre-action notice be sent by email?

The pre-action notice can be sent by email. The Claimant must send the notice with the intention of resolving the dispute so they must ensure that they send the pre-action notice using the communication method on which the Defendant is likely to receive it promptly and respond within the deadline.

How long does the Defendant have to comply with the court judgment?

The Defendant will have 14 days to comply with the court judgment unless the court judgment specifies another date by which the Defendant must comply with the court judgment.

What can the Claimant do to enforce the court judgment?

The Claimant can apply to the court for a senior court officer to question the Defendant about their financial means under oath using Form N316 which can be found on the government website. The Claimant can apply to court to send enforcement agents to take control of the Defendant goods that can be used to pay the Claimant. The claimant can apply for an attachment of earnings order, a third party debt order or a charging order.

What is an attachment of earnings order?

An attachment of earnings order will require the Defendant's employer to make periodic deduction to the Defendant's salary to pay back the amount owed to the Claimant. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

What must be included within an application for an attachment of earning order?

The completed Attachment of Earnings Order Form N337 must be supported by a witness statement or affidavit (a written statement confirmed by oath or affirmation). Form N337 can be found on the government website. The Defendant will be served with the completed form, the witness statement or affidavit and a financial questionnaire. The court will use the responses to the financial questionnaire to decide what amount the defendant will pay.

How can the Claimant apply for the court to take the Defendant’s goods?

If the Defendant owes £5,000 or less, the Claimant must use Form N323 to apply at county court. If the Defendant owes more than £600, the Claimant must use the Form N293A to apply to the High Court. Form N323 and Form N293A can be found on the government website.

What goods can the enforcement agents take on an order to take control of Defendant's goods?

The enforcement agents cannot take control of any equipment that is used by the Defendant personally in the Defendant's employment, business, trade, profession, study or education that is valued up to £1,350. They also cannot take clothing, bedding, furniture, household equipment and items that are necessary to satisfy the basic domestic needs of the Defendant and their household. The enforcement agents cannot take any goods which are also premises and are occupied by the Defendant or another person as their main home. Any goods that do fall within what they cannot take can be taken control of.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the Defendant’s property. Charging orders can be made against the Defendant’s company shares. If the Defendant does not pay, the Claimant can apply for an order for the sale of the property. The Claimant can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is the procedure in a charging order?

When the Claimant applies for a charging order, the court will make an interim order. The interim order will prevent the Defendant from selling their property before the final order. Usually within 21 days of the interim order, a final hearing takes place. After hearing the submissions from the Claimant and the Defendant, the court can make a final order or discharge the interim order.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the procedure for third party debt order?

When the Claimant applies for a third party debt order, the court will make an interim third party order. This order will prevent the third party from paying the Defendant or require the bank holding money for the Defendant to freeze the Defendant's account until the final order. The final hearing will usually take place 28 days after the interim third party debt order. At the final hearing, the court will hear submission from the Claimant and the Defendant and decide on whether to make a final order or discharge the interim order.

What is the consequence of not complying with an injunction order?

If the Defendant does not comply with an injunction order, they will be in contempt of court. The court can order for the Defendant to pay a fine for being in contempt of court. The court can confiscate the Defendant’s assets. The court can order for the Defendant’s imprisonment for a maximum of 2 years. The court can also make any other punishable order available to it.

What is a penal notice?

A penal notice is a notice attached to the front of an order against the person the order is made. It will mean that if the order it is attached to is not followed, the Claimant can make an application to commit the Defendant for being in contempt of court. A committal order will mean that the Defendant will be imprisoned for a maximum of 2 years.

What can the Claimant do if the Defendant does not comply with the injunction order?

The Claimant can make an application for committal for not complying with the court order provided that the injunction order was served on the Defendant personally.

How can the Claimant make a committal application?

The Claimant can use the Form N244 Application Notice CPR Part 23 which can be found on the government website to apply for the Defendant to be committed at prison.

What should be included within a committal application?

The committal application must contain the title and the reference number of the claim, the full name of the Applicant if the Applicant is not party to the claim and their address, state that Applicant is seeking for an order for committal, the grounds for why the committal application is made and identify the alleged actions which were in contempt of court. The application must be supported by one or more affidavits (a written statement confirmed by oath or affirmation for use as evidence in court).

Should the committal application be served on the Respondent?

The application notice and any affidavits must be served personally on the Respondent.

What are the consequences of being in contempt of court?

The consequences of being contempt of court could be a fine, the confiscation of the assets, imprisonment for a maximum of 2 years or other punishable orders.

What is an order for committal?

An order for committal is an order that requires the Defendant to be imprisoned for a maximum of 2 years. The order can be immediate or suspended. If the order is suspended, if the Defendant complies with the order by the date stated within the order, they will not be committed to prison.

What form should the Claimant use to apply for an order for committal?

The Claimant should use the Form N244 Application Notice CPR Part 23 which can be found on the government website to apply for an order for committal.

Will the Claimant need the permission of the court to make a contempt application?

If order is concerning the non-compliance of an injunction order, the Claimant will not need the permission to apply for the contempt application. If the contempt application is in relation to an interference of due administration of justice or allegations of knowingly making false statements in an affidavit, affirmation or other document that is verified by a statement of truth or a disclosure statement, the Claimant will need the permission of the court before making the application.

How can a Defendant settle the claim?

The Defendant can negotiate with the Claimant to arrange for the dispute to be resolved. The Defendant can also settle the dispute altogether by paying the Claimant or by arranging a periodic payment through instalments with the Claimant.

How can the Defendant respond to a money claim from court?

The Defendant has three ways of responding to a money claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant.

What form should the Defendant use to respond to the claim?

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The Forms can be found on the government website.

How long does the Defendant have to respond to a claim?

The Defendant will have 14 days from the date when the Particulars of Claim was served to respond to the claim. The Particulars of Claim could be filed and served together with the Claim Form or separately. The Defendant can file their Acknowledgement of Service within those 14 days at court and then file and serve their admission or defence within 14 days from the date when the Acknowledgement of Service was filed and served. This will give the Defendant 28 days to respond to the claim.

Can the time for filing and serving a Defence be extended?

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

What should be included within a Defence?

The Defence should contain which allegations they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

Can I ignore the money claim?

A defendant must not ignore a money claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

Can the defendant respond to the claim online?

The defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

What is a Response Pack?

The Response Pack is served along with the Particulars of Claim. This will allow the Defendant to file the Acknowledgement of Service and their admission or defence to the claims. The Response Pack includes a Form N9 Response Pack, a Form N9A Admission (specified amount), a Form N9C Admission (unspecified amount, non-money and return of goods claims), a Form N9B Defence and Counterclaim (specified amount) and a Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The Forms can be found on the government website.

How can the Defendant respond to a medical report and schedule of expenses and losses in a personal injury claim?

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

How can a Claimant start a civil court claim?

The Claimant can start their claim using the Claim Form N1 which can be found on the government website. If the claim is for a sum of money, the Claim Form should be sent by post to the County Court Money Claims Centre at PO Box 527, Salford, M5 0BY. If the claim is a High Court claim it should be sent by post to a court office. Claims for money more than £100,000 and claims for personal injury for more than £50,000 must be claimed at High Court. Claims for money less than £100,000 and claims for personal injury for less than £50,000 must be claimed at County Court.

Can a claim be started online?

The Claimant can claim for money online using Online Civil Money Claims Service or the Money Claims Online Service. The Claimant can claim online if the claim is for a specified amount, the Claimant and Defendant are both over 18 years of age, the Claimant does not need help with court fees, the Claimant and the Defendant have an address in the UK and the claim is not for personal injury, a tenancy deposit or against a government department. The Claimant can use the Online Civil Money Claims Service if the claim is for a specified amount of less than £10,000 and the claim is against an individual and not against an organisation. The Claimant can use the Money Claims Online Service if the claim is for a specified amount that is less than £100,000, the claim is against an organisation or against no more than two people.

Do Claimants have to pay to start a claim?

The Claimant will have to pay court fees when making their claim. The applicable court fees will depend on the amount they are claiming. The applicable court fees can be found on the government website.

What is a Particulars of Claim?

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

What should be included within a Particulars of Claim?

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

What is the Advisory, Conciliation and Arbitration Service?

Advisory, Conciliation and Arbitration Service (ACAS) works with employers and employees on any employment problems. They offer alternative dispute resolution to resolve any employment problem an employer or employee is facing. Before starting a claim, the employer or employee must contact ACAS and try to resolve the dispute through them. If they are unable to resolve the issue ACAS will provide a certificate which they can use to claim at the Employment Tribunal.

How long does a Claimant have to make an employment claim?

The Claimant will have 3 months and 1 day from the date the dispute arose to contact ACAS. The Claimant will have 1 month from the date they receive the certificate to make a claim to the Employment Tribunal. The Claimant has 3 month from when the dispute arose to make a claim at the Employment Tribunal. The Claimant must contact ACAS before claiming at the Employment Tribunal.

How can a claimant make a claim?

The Claimant can make a claim online using the Employment Tribunal website. The Claimant can also fill in a paper Claim Form ET1 which can be found on the government website and send it to the Employment Tribunal Central Office (England and Wales), PO Box 10218, Leicester, LE1 8EG.

What must be included within a Claim Form for the Employment Tribunal?

The Claim Form must have the Claimant’s name and address, the respondents name and address. the ACAS certificate number and a concise account of the Claimant’s complaint and the Claimant’s version of events.

How can the Respondent respond to the Employment Tribunal claim?

The Respondent can respond to the claim form using Form ET3 Response Form which can be found on the government website within 28 days from the date when the Respondent received the Claim Form.

What is a Particulars of Claim?

Particulars of Claim is a document where the Claimant provides details of their claim. This will include details on their allegations against the Defendant and a statement of events that took place.

When must the Particulars of Claim be served?

The Particulars of Claim, if sent together with the Claim Form, must be served to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Particulars of Claim was not included with the Claim Form, the Particulars of Claim must be served to the Defendant within 14 after the date when the Claim Form was served. The Particulars of Claim must file at court within 7 days of it being served to the Defendant. The Particulars of Claim must be served to the Defendant within 4 months from date of issue of the Claim Form or 6 months if the Defendant is not within England and Wales.

What must be included in the Particulars of Claim?

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

Does the Claimant have to include the Particulars of Claim along with the Claim Form?

The Claimant does not have to include the Particulars of Claim along with the Claim Form but the Particulars of Claim must be served within 14 days of service of the Claim Form and within 4 months of the Claim Form being issued at court or within 6 months of the Claim Form being issued at court if the Defendant is not within England and Wales.

Does the Claimant have to include the Particulars of Claim along with the Claim Form?

The Claimant does not have to include the Particulars of Claim along with the Claim Form but the Particulars of Claim must be served within 14 days of service of the Claim Form and within 4 months of the Claim Form being issued at court or within 6 months of the Claim Form being issued at court if the Defendant is not within England and Wales.

What should be included within a Particulars of Claim for a personal injury claim?

Alongside the requirements for Particulars of Claims, it should also include the Claimant’s date of birth, brief details of the Claimant’s personal injuries, an attachment of a schedule for details of any past and future expenses and losses which is being claimed and if the Claimant is relying on a medical practitioner’s evidence, an attachment of a report from the medical practitioner about the personal injuries.

What does filing and serving mean?

Filing means delivering a document to a court officer and the court officer accepting the document for it to be included within the proceedings as part of the Claim or Defence. Serving means delivering a legal document to the Defendant or any other relevant party.

How long can the Particulars of Claim be?

There are no limits as to how long the Particulars of Claim can be but if it is longer than 25 pages, the Claimant must provide a short summary within the Particulars of the Claim.

Where must the Particulars of Claim be served?

The Particulars of Claim can be served at the Defendant’s premises or at the Defendant’s solicitors if the Defendant has given their address and the Solicitor has informed the claimant that they will be accepting service. If the claim is against a company, it must be served on a senior officer within the company at the principal office, registered office, a place with real connection to the claim, or last known place of business.

What documents could be attached to the Particulars of Claim?

The Claimant must include any communications between the Claimant and the Defendant such as emails and posts that are relevant to the claim. The Particulars of Claim could also include any agreement, contracts or other documents which specifies the terms and conditions of the Claimant and the Defendant’s relationship. A copy of any documents mentioned within the Particulars of Claim must be attached to the Particulars of Claim.

What should be included in a statement of claim?

The Statement of Claim should address all the elements that need to be satisfied for the claim to be successful. This will depend on what basis the claim is being brought. It should contain the Claimant’s version of events while stating the provable facts of the case that would satisfy the elements. In general, it should state what the Claimant and Defendant’s relationship was and the duty of care that was owed to the Claimant. It should state how the duty was breached. The Statement of Claim should also contain what losses the Claimant suffered and what the Claimant is seeking to recover through the court proceedings.

What is a pre-action protocol?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What must be included within a pre-action letter?

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

How can a Claimant commence a civil court claim?

The Claimant can commence a civil claim by filling in a Claim Form N1 which can be found on the government website. If the claim is for money, the Claim Form should be sent to the County Claims Centre PO Box 527, Salford, M5 0BY unless it is a High Court Claim. If the claim is a High Court claim or the claim is for anything other than money, the Claim Form should be sent to the local court office. If the claim is for a specified amount that is more than £100,000, or the claim is for personal injury and the specified amount is more than £50,000 the claim must be made in the High Court. If the claim is for a specified amount that is less than £100,000 or the claim is for personal injury and the specified amount is less than £50,000, the claim must be made at County Court.

Can a civil court claim be commenced online?

The Claimant can claim for money online using Online Civil Money Claims Service or the Money Claims Online Service. The Claimant can claim online if the claim is for a specified amount, the Claimant and Defendant are both over 18 years of age, the Claimant does not need help with court fees, the Claimant and the Defendant have an address in the UK and the claim is not for personal injury, a tenancy deposit or against a government department. The Claimant can use the Online Civil Money Claims Service if the claim is for a specified amount of less than £10,000 and the claim is against an individual and not against an organisation. The Claimant can use the Money Claims Online Service if the claim is for a specified amount that is less than £100,000, the claim is against an organisation or against no more than two people.

Does the Claimant need to pay court fees for starting a claim?

The Claimant will have to pay court fees when making their claim. The applicable court fees will depend on the amount they are claiming. The applicable court fees can be found on the government website.

Who serves the Claim Form to the Defendant?

The Claim Form will be served on the Defendant by the court unless the court orders or directs that it should be served by the Claimant. The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales.

How must the Claim Form be served?

The Claimant can personally serve a claim. If the Defendant is a company, the Claim Form must be served to a person holding a senior position within the company. If the Defendant is a partnership, the claim form must be served to a partner or the person who at the time of service has control or management of the partnership at its principal place of business. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

Where should the Claim Form be served?

The Claim Form can be served at the Defendant’s premises or at the Defendant’s solicitors if the Defendant has given their address and the Solicitor has informed the Claimant that they will be accepting service. If the claim is against a company, it must be served on a senior officer within the company at the principal office, registered office, a place with real connection to the claim, or last known place of business.

What is the Particulars of Claim?

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

When must the Particulars of Claim be served on the Defendant and filed at court?

The Particulars of Claim, if sent together with the Claim Form, must be served to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Particulars of Claim was not included with the Claim Form, the Particulars of Claim must be served to the Defendant within 14 after the date when the Claim Form was served. The Particulars of Claim must file at court within 7 days of it being served to the Defendant. The Particulars of Claim must be served to the Defendant within 4 months from date of issue of the Claim Form or 6 months if the Defendant is not within England and Wales.

How can the Defendant respond to a Particulars of Claim?

The Defendant has three ways of responding to the Particulars of Claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant. The Defendant could also include a Counterclaim within their Defence. The Counterclaim will be a claim against the Claimant for money or other compensation.

Can the Defendant respond online?

The Defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

What is the Acknowledgement of Service?

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

What form should the Defendant use to respond to a Particulars of Claim?

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The forms can be found on the government website.

How long does the Defendant have to respond to a Particulars of Claim?

The Defendant must file and serve their response in 14 days if they are intending to file and serve it along with their Acknowledgment of Service. If not, they must file and serve the Acknowledgement of Service within 14 days after being served with the Particulars of Claims. The response must be filed within 14 days after filing the Acknowledgment of Service. The response must also be delivered to the Claimant and any other relevant parties.

What should be included within a Defence?

The Defence should contain which allegation they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

How should the Defendant respond to a medical report or a schedule of expenses and losses?

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

Can the time for filing the Defence be extended?

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

What is the difference between a Defence and a Counterclaim?

A Defence is where the Defendant opposes the claims made within the Particulars of Claims. A Counterclaim is where the Defendant makes a claim for money or some other relief against the claims made by the Claimant. Unlike a Defence, in a Counterclaim, the Defendant will seek some sort of relief from the Claimant.

Can the Defendant ignore a Particulars of Claim?

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

Civil Procedure



What is a summary judgment?

A summary judgment is a process which can be used to end the whole or part of the trial without a full trial. A summary judgment will end the whole or part of the trial in the middle of the proceedings.

When will the court make a summary judgment?

The court will make a summary judgment if it considers that the claim or the defence has no real prospect of succeeding. The prospect must be a realistic prospect based on the submission made by the Claimant or the Defendant. A summary judgment could also be made if there are no other compelling reasons why the case should be carried onto a full trial.

What types of proceedings can a party make an application for a summary judgment?

The court can make a summary judgment in any type of proceedings except two exceptions. Summary judgment is not available for proceedings against the possession of the Defendant’s home and proceedings concerning ships, the sea and other navigable waters that are directed to property.

When can a Defendant apply for a summary judgment?

The Defendant can make an application for summary judgment any time once the proceedings have been commenced at court. They can issue and file an application notice with any supporting evidence.

When can a Claimant apply for a summary judgment?

The Claimant can make an application for a summary judgment after the Defendant has filed an Acknowledgement of Service or a Defence. The Claimant can apply for a summary judgment before the filing of an Acknowledgement of Service or Defence if the court gives permission or if a Practice Direction allows it. The Claimant can issue and file an application notice with any supporting evidence.

Can a party use evidence during a summary judgment hearing?

If the Respondent of the summary judgment application wishes to rely on written evidence, the Respondent must file the written evidence and serve copies to every other party to the claim at least 7 days before the hearing. If the Applicant wishes to reply with written evidence, the Applicant must file the written evidence and serve a copy to the Respondent at least 3 days before the hearing.

If the summary judgment hearing was fixed by the court, the party wishing to rely on written evidence must file and serve copies to every other party to proceed at least 7 days before the hearing. If a party wishes to rely on written evidence in response to any other party’s written evidence, they must file the written evidence and serve copies on every other party to the proceedings at least 3 days before the hearing.

Who can apply for a summary judgment?

The Defendant can apply for a summary judgment any time after the proceedings are commenced. The Claimant can apply after the Defendant has filed their Acknowledgement of Service or Defence. They can apply if they have permission from the court or a Practice Direction allows them. The court can fix a summary judgment hearing on its own initiative.

Can a party reply to any written evidence given by the other party?

If a party wishes to rely on written evidence in response to any written evidence provided by the other party, they can file the written evidence and serve a copy on every other party to the proceedings at least 3 days before the date of the hearing.

What can the court decide at a summary judgment?

The court can make the summary judgment which will end the whole or part of the proceedings altogether. The court can dismiss the summary judgment. This will mean that the case will continue to trial. The court can strike out or dismiss the whole claim. This will end the proceedings at the summary judgment hearing without any judgment. The court could make an order dealing with costs. The order could require one of the parties to pay the other party’s costs. The court could make a conditional order which will require the party with the improbable case to pay a sum of money into court and/or take a specified step.

Is a summary judgment a final judgment?

A summary judgment will be a final judgment as it will stop the proceedings from carrying on. If the summary judgment was in relation to one part of the case, that part will be decided and end at the summary judgment. The rest of the issues will carry on to a full trial.

Can a court transcript be obtained?

A court transcript can be obtained by making an application court. A court transcript can be obtained if the hearing was recorded. Hearings at civil courts are normally recorded. Tribunal hearings may be recorded but not always. The Applicant wishing to obtain a transcript can contact the tribunal to ensure that the hearing was recorded.

How can someone make an application for a court transcript?

The applicant can apply for a court transcript using Form EX107 which can be found on the government website. The completed form must be sent to the court or tribunal that heard the hearing. The form contains a list of authorised transcribers the applicant can select from. Part C of the form allows the applicant to select which part of the hearing they wish to transcribe.

Is there a fee to obtain a court transcript?

The Applicant will need to pay a fee for the transcript. The first Applicant requesting the transcript will pay for the fee of producing the transcript. The subsequent copies will be at a lower cost.

Can someone obtain a court transcript if the hearing was held in private at the county court?

If the hearing was heard in private in the county court, if the Applicant was not a party to the claim, they must make an application using Form N244 which can be found on the government website to ask the court for permission to receive the court transcript.

How can someone apply for permission to make an application to obtain a court transcript?

The Applicant will normally not need permission to obtain a court transcript unless the hearing was heard in private in the county court and they are not a party to the claim. The Applicant can get permission from the court using the Form N244 which can be found on the government website.

Can the fees for obtaining a court transcript be shared?

The fees for obtaining the court transcript can be shared between different parties to lower the overall cost of the transcript. The initial fee for producing the transcript will be higher than the cost for obtaining subsequent copies so by sharing the cost for the court transcript will enable all the parties to obtain a copy at a lower cost.

Can someone get a free transcript?

The Applicant may apply for a free transcript by filling and sending by post or by email Form EX105 along with Form EX107 to the court or tribunal that heard the hearing to obtain a free copy. The forms can be found on the government website.

What is a transcript in court?

Transcripts are the written records of the court’s judgment.

How much is a court transcript?

The cost of the transcript will vary depending on the transcript’s size, whether the transcript is new or a copy and when the Applicant would like to receive the transcript. The cost of the transcript will also depend on the pricing of the authorised Transcription Company the Applicant chooses.

When will the court accept an application for a free transcript?

The court will accept an application for a free transcript if there are special circumstances such as where the Applicant needs the transcript urgently but cannot afford to pay for it.

What is an additional claim?

An additional claim is any claim other than the claim by the Claimant against the Defendant.

What is a counterclaim?

A Counterclaim is a claim brought by the Defendant against the claimant in response to the claimant’s claim. The Counterclaim will seek some sort of relief such as money or the return of goods from the Claimant.

What is the difference between an additional claim and a counterclaim?

A counterclaim is a type of additional claim. Any claim other than the one made by the Claimant against the Defendant will be considered an additional claim. A counterclaim will be a separate claim from the claim made by the Claimant against the Defendant.

How can the Defendant make a Counterclaim against the Claimant?

The Defendant can make a Counterclaim against the Claimant when responding to the Claimant’s Claim Form and Particulars of Claim. If the claim is regarding a specified amount of money, the Defendant should use Form N9B Defence and Counterclaim to file their Counterclaim. If the claim is for an unspecified amount of money or non-money asset or for the return of goods, the Defendant should use Form N9D Defence and Counterclaim to file their Counterclaim. If the Defendant did not file the Counterclaim with the Defence, the Defendant must obtain the court’s permission to make a Counterclaim. The forms can be found on the government website.

What should be included within the Counterclaim?

In brief, the Counterclaim should have a heading with the title of the proceedings, a concise state of the facts of the case, a statement of truth and an attachment of copies of relevant documents. If the Defendant is seeking interest, aggravated damages, exemplary damages or provisional damages, the counterclaim should include a statement to that effect and on what basis the damages are being claimed. If the counterclaim is longer than 25 pages, it must also include a short summary.

Can the Defendant make a Counterclaim against a person other than the Claimant?

The Defendant can make a Counterclaim against a person other than the Claimant. The Defendant must apply to the court for an order for the person to be added as an additional party to the proceedings. The court’s permission will not be needed if the Counterclaim is against someone who was already party to the claim.

How can someone bring an additional claim?

A party can begin an additional claim that is not a counterclaim using the Form N211. The additional claim must be served on the person whom it is made within 14 days after the date on which the additional claim is issued at court. If the party needs permission from the court, they can use the Form N244 to ask the court for permission before making the application. The forms can be found on the government website.

Does the party need permission to make an additional claim?

The party will need to apply to the court for an order if they wish to add an additional party to the claim. Additional claims made alongside the Defence will not require court’s permission.

If the Defendant wishes to make an additional claim for contribution or indemnity from another party and the additional claim was filed and served with the Defence, the Defendant will not need permission. If the Defendant wishes to make an additional claim for contribution or indemnity from another party and the additional claim is against a party who will be added to the claim later or within 28 days after that party files their Defence, the Defendant will not need permission. Any other additional claims will require the court’s permission.

How long does the Defendant have to make a counterclaim?

The Defendant has 14 days from the date when the Particulars of Claim was served to file and serve their Defence and Counterclaim. If the Defendant intends on filing an Acknowledgement of Service, the Defendant will have 28 days from the date when the Particular of Claim was served to file and serve their Defence and Counterclaim.

What are the formalities on filing and service of additional claims and counterclaims?

The Defendant must file and serve the Counterclaim within 14 days after the date on which the Particulars of Claim was served on them. If the Counterclaim is against a party who is not already a party to the claim, they must be served within 14 days too. Any additional claims must be filed at court and served on the person against whom it is made and all other parties of the proceedings within 14 days after the date on which the additional claim was issued at court.

What are the Civil Procedure Rules?

Civil Procedure Rules are the rules that everyone in a civil hearing must follow. This sets out the standards and procedures that apply to every civil hearing that must be followed by the court, the parties and all legal representatives of the parties.

What is the Burden of Proof?

The burden of proof refers to the responsibility and obligation one party has to prove their case. In a civil case, the burden of proof will be on the Claimant as they have to provide evidence to support the claims they make within their Particulars of Claim.

What is the Standard of Proof in civil hearings?

The standard of proof refers to the level of proof a party must establish in order to support their case. The standard of proof in civil hearings is on a ‘balance of probabilities’. This means that the Claimant or the Defendant must convince the court that their case is more probable than their opponents.

What are the standards and rules on evidence?

Facts which need to be proven by evidence of witnesses can be proved through oral evidence or evidence in writing through a witness statement. If a person submits a witness statement, they must attend to provide oral evidence at trial. If the person does not attend the trial, the witness statement can still be used but will be considered hearsay and will hold less weight. Evidence at any other hearing will usually be in writing and will generally take the form of a witness statement.

Any person may apply to cross examine the person who wrote the written evidence. Cross examination is where someone questions the person who wrote the written evidence on the written evidence. If the court gives permission to the cross-examination and the person who wrote the written evidence does not attend the hearing, their written evidence cannot be used at the hearing.

What is hearsay?

Hearsay is a statement that is made out of court and is later relied on in court as evidence. A written evidence that is not supported by the oral evidence at the hearing will be an example of hearsay.

Can hearsay be used as evidence at civil hearings?

Hearsay can be used at civil hearings. If the hearsay is within a witness statement but not supported by oral evidence, notice must be given when serving the witness# statement with reasons for why the witness will not be giving oral evidence.

What happens if a Party does not attend the hearing?

If both parties do not attend the hearing or if only the Defendant attends the hearing, the case will likely be struck out. This will mean that the proceedings will end at that hearing. If the defendant is absent at the hearing, the hearing will take place in the Defendant’s absence. The Claimant will still have to prove their case. The court can strike out the Defence if the Defendant does not attend.

What can a Party do if a judgment was made in their absence?

If a judgment is made in the absence of the party, they can apply to the court for the judgment to be set aside. The court will set the judgment aside if there was good reason for the Defendant not attending the hearing.

What will happen during a trial?

There is no single process that occurs during a trial. The trial will vary depending on the type of case, complexity of the case and the approach of the judge.

In general, the trial will begin with the Claimant making their opening statement. The Defendant will then make their opening statement. The Claimant’s and the Defendant’s witnesses will provide evidence and will be cross examined. The Defendant will make their closing statement. The Claimant will make their closing statement. The trial will end with the judge making a judgment on the case.

What is an opening statement at a civil hearing?

An opening statement is the introduction into the case. The opening statement will set the scene for the case. If the case is straightforward and the issues are clear, the judge may decide that an opening statement will not be necessary.

What is a pre-action notice?

A pre-action notice is a letter that invites the other party to resolve the dispute. The letter will be written with the intention that if the letter is not followed and the dispute is not resolved, the Claimant will make a claim at court.

What should be included within a pre-action notice?

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

What are the Pre-Action Protocols?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What is the purpose of the pre-action notice?

The Claimant should send a pre-action notice to attempt to resolve the issue outside of court as this would save costs. Sending a pre-action notice will also prevent any delays as if the claimant claims at court without a pre-action notice, the court can stay the proceedings until the pre-action notice has been sent. Sending a pre-action notice can help the Claimant and the Defendant narrow down the issues that are in dispute. By sending a pre-action notice, they will be complying with the pre-action protocols and will avoid sanctions.

What are the consequences for not complying with the Pre-Action Protocols?

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

Which Pre-Action Protocols apply?

There is a general pre-action protocol and pre-action protocols which apply to specific types of cases. There is a specific pre-action protocols for cases involving personal injury, resolution of clinical disputes, construction and engineering, defamation, professional negligence, judicial review, disease and illness, house disrepair, possession claims by social landlords, possession claim by mortgage arrears, dilapidation of commercial property, low value personal injury road traffic accident claims, low value personal injury employers’ and public liability claims and package travel claims.

Is issuing a pre-action notice a legal requirement?

The pre-action notice is a legal requirement as it is required within the pre-action protocol. If the Claimant does not comply, the court may apply a sanction or stay the proceedings so that the Claimant can send the pre-action letter.

Can a pre-action notice be emailed?

The pre-action notice can be sent by email. The Claimant must send the notice with the intention of resolving the dispute so they must ensure that they send the pre-action notice using the communication method on which the Defendant is likely to receive it promptly and respond within the deadline.

How long will the other party have to respond to the pre-action notice?

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

Can you recover the pre-action costs?

The costs that arise while taking the pre-action steps cannot be recovered during the proceedings provided that the costs were reasonably incurred in order to resolve the dispute.

What cases are allocated to the small track?

Cases will be allocated into the small track if the amount claimed is below £10,000. Personal injury claims with a value below £10,000 and a value for damages for injuries below £1,000 will also be allocated into the small track. A claim by a tenant of residential premises against landlords will be allocated to the small track if the tenant is seeking an order for the landlord to carry out repairs or other to the property, the cost of the repairs or work is below £1,000 and the value of any other claim for damages is below £1,000.

What cases are allocated to the fast track?

Cases will be allocated to the fast track if they are likely to last no longer than 1 day (5 hours) and claim is for a value between £10,000 to £25,0000. Fast track includes cases where the oral expert evidence is limited to 1 expert per party and 2 expert fields.

What cases are allocated to the multi-track?

Cases will be allocated to the multi-track if the claim is for over £25,000. Claims which do not fall within the small track and fast track allocation will be allocated to the multi-track.

What is the notice of proposed allocation?

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to serve on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

What is the directions questionnaire?

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track. The direction questionnaire will require the Claimant and the Defendant to provide information on the details of witnesses they are intending to rely on at trial, evidence and details on the claim itself.

How long do parties have to file their directions questionnaire?

For cases allocated in small track, the Claimant and the Defendant will have 14 days from the date when they received the notice of proposed allocation to file their directions questionnaire. For cases allocated into fast and multitrack, the directions questionnaire must be filed within 28 days from the date on which they received the notice of proposed allocation.

How are cases allocated?

Cases are allocated depending on the complexity of the case, the value of the amount claimed, how long the cases and hearing is likely to take, the number of witnesses who will be attending the hearing and the number of expert evidence. Complex cases are generally allocated to fast track and multi tracks. Claims for an amount between £10,000 to £25,000 will be allocated to fast track and claims for an amount over £25,000 will be allocated to multitrack. If the case is likely to be longer, it will be allocated into the fast track or multitrack.

What are the stages of a civil case?

There are generally 5 stages of a civil case however the stages will vary depending on the case. The Claimants and the Defendants can make applications during the proceedings which can add more stages to the proceedings. The first stage is the pre-action conduct and protocol stage where the Claimant and the Defendant try to resolve the dispute outside of court through negotiation and possibly alternative dispute resolutions. The second stage is the issuing the claim and exchanging statements of case stage where the Claimant will file and serve their Claim Form and their Particulars of Claim and the Defendant will file and serve their Acknowledgement of Service and Defence. The third stage is exchange of evidence where the case will be allocated to the appropriate track and Claimant and Defendant will disclose relevant documents and exchange witness statements. The fourth stage is where the case will go into trial where the court will hear the submissions, witness evidence and expert evidence and make a judgment. The fifth stage is the post trial stage where the parties can enforce the judgment if the judgment was made in their favour and the parties can appeal the decision.

When will the judge give their judgment?

The judge may give the judgment at the end of the hearing or may adjourn and give a break before they give their judgment.

What will happen at trial?

There is no single process that occurs during a trial. The trial will vary depending on the type of case, complexity of the case and the approach of the judge.

In general, the trial will begin with the Claimant making their opening statement. The Defendant will then make their opening statement. The Claimant’s and the Defendant’s witnesses will provide evidence and will be cross examined. The Defendant will make their closing statement. The Claimant will make their closing statement. The trial will end with the judge making a judgment on the case.

What are Civil Procedure Rules?

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

What are Practice Directions?

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

What is the purpose of the Civil Procedure Rules?

The purpose of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost. The objective of the Civil Procedure Rules is to ensure that the parties are on equal footing and participate fully in the proceedings. The Rules also aim to save expenses for the parties. The Civil Procedure Rules promote dealing with cases in a way which is proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party. The Rules also ensure that the cases are dealt with expeditiously and fairly and cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

Which courts do the Civil Procedure Rules apply to?

Civil Procedure Rules apply to all civil proceedings in the County Court, the High Court and The Civil Division of the Court of Appeal.

What type of cases do the Civil Procedure Rules apply to?

Civil Procedure Rules apply to all civil cases except insolvency proceedings, non-contentious or common form probate proceedings, proceedings in the High Court when acting as a Prize Court, Court of Protection proceedings, family proceedings, adoption proceedings and Election petitions in the High Court.

What aspects of a civil claim do the Civil Procedure Rules deal with?

Civil Procedures Rules deal with all aspects of a civil proceedings. The Rules deal with pre-action conduct, issuing the claim and exchanging statements of case, exchange of evidence, the hearing and appealing and enforcing a judgment. The Rules manage all aspects of the case to ensure that the case is dealt with expeditiously and fairly.

Are Practice Directions legally binding?

The Practice Directions are practical advice on how to interpret and follow the Civil Procedure Rules. It provides more guidance on how the rules could be followed.

What is a Part 36 offer?

A Part 36 offer is an offer made by either the Claimant or the Defendant to settle the claim early without the matter being taken through a final hearing. If the Part 36 offer is accepted by the other party and they do not receive a favourable decision at trial, they will need to pay the other party’s costs. The court can also apply penalties for refusing to accept an offer when they ought to have accepted it.

Are the Civil Procedure Rules a legal requirement?

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

What is the pre-action protocol?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What are the Civil Procedure Rules?

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

Which courts do the Civil Procedure Rules apply to?

Civil Procedure Rules apply to all civil proceedings in the County Court, the High Court and The Civil Division of the Court of Appeal.

What type of cases do the Civil Procedure Rules apply to?

Civil Procedure Rules apply to all civil cases except insolvency proceedings, non-contentious or common form probate proceedings, proceedings in the High Court when acting as a Prize Court, Court of Protection proceedings, family proceedings, adoption proceedings and Election petitions in the High Court.

What is the purpose of the Civil Procedure Rules?

The purpose of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost. The objective of the Civil Procedure Rules is to ensure that the parties are on equal footing and participate fully in the proceedings. The Rules also aim to save expenses for the parties. The Civil Procedure Rules promote dealing with cases in a way which is proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party. The Rules also ensure that the cases are dealt with expeditiously# and fairly and cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

What is Rule 1.1 of the Civil Procedure Rules?

Rule 1.1 of the Civil procedure Rules states the overriding objective of the Civil Procedures. The overriding objective of the Civil Procedure Rules is dealing within cases justly and at proportionate cost. Dealing with cases justly and proportionately includes ensuring that the parties are on equal footing and participate fully in the proceedings and saving expenses. The cases will be dealt with in ways which are proportionate to the amount of money in the importance of the case, the complexity of the issues and the financial position of each party. The Rule also requires that cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

Are the Civil Procedure Rules a legal requirement?

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

What are Practice Directions?

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

Are the Practice Directions legally binding?

The Practice Directions are practical advice on how to interpret and follow the Civil Procedure Rules. It provides more guidance on how the rules could be followed.

What is the pre-action protocol?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What aspects of a case do the Civil Procedure rules deal with?

Civil Procedures Rules deal with all aspects of a civil proceedings. The Rules deal with pre-action conduct, issuing the claim and exchanging statements of case, exchange of evidence, the hearing and appealing and enforcing a judgment. The Rules manage all aspects of the case to ensure that the case is dealt with expeditiously and fairly.

What is Acknowledgement of Service?

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

How long does a Defendant have to file the Acknowledgment of Service?

The Defendant has 14 days from the date on which the Claimant served their Particulars of Claim.

Can the Defence be served with the Acknowledgement of Service?

The Defence can be filed and served alongside the Acknowledgement of Service. It can also be filed and served separately. If it will be filed separately, the Acknowledgement of Service must be within 14 days from the date of which the claimant served their Particulars of Claim and the Defence must be filed within 14 days from the date on which the Acknowledgement of Service was filed and served. Filing and serving separately will give the Defendant 28 days to file their Defence.

How can the Defendant respond to Claim Form?

The Defendant has three ways of responding to the claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or some other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or some other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money or some other compensation to the Claimant.

What happens if the Defendant does nothing?

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

What happens after an Acknowledgement of Service?

After the Acknowledgement of Service is filed and served, the Defendant must file their response. Their response could be an Admission to the whole or part of the claim. Their response could be a Defence denying the whole claim. Their defence could be accompanied by a Counterclaim claiming for money or other non-money compensation from the Claimant.

Who can sign an Acknowledgement of Service?

The Acknowledgement of Service must be signed by the Defendant or the Defendant’s legal representative. If the Defendant is a company or other corporation, a person holding a senior within the company or corporation must sign the acknowledgement of service and state the position they hold within the company. A person holding a senior position in a company or corporation will be the director, treasure, secretary, chief executive, manager or other officer of the company or corporation. If the corporation is not registered, a person holding a senior position could also be the mayor, chairman, president, town clerk or similar officer of the corporation. If the Defendant is a partnership, service must be acknowledged by all the persons who were partners at the time when the event that claim happened. The Acknowledgement of Service may be signed by any of those partners or by any person who is authorised by those partners to sign it. If the Defendant is a child or a property party, the Acknowledgment of Service can be signed by their litigation friend# or their legal representative unless the court orders otherwise.

What does being served mean?

Being served means delivering a legal document such as a Claim form or Particulars of Claim on the other party and bringing the document to the other party’s attention.

Can the Acknowledgement of Service be filed by email?

The Acknowledgement of Service can be filed by emailing the court. The Defendant will still need to comply with any rule or Practice Direction. The Defendant may need to pay a fee to file the Acknowledgement of Service by email.

What does Form N9 do?

Form N9 can be found on the government website. Form N9 can be used by the Defendant to respond to a Claim Form. Form N9 is part of the Response Pack which also includes forms for admission and forms for defence and counterclaim.

What is litigant in person?

A litigant in person is an individual or a person representing a company or organisation who has to go to court without legal representation from solicitor or barrister. A litigant in person may obtain legal help without charge from an advice centre or law centre. A litigant in person conducts the proceedings by themselves.

Can a person represent themselves at court?

A person can legally represent themselves at court without a solicitor or barrister.

What are the rights of audience?

Right of the audience is the right to appear in court and to conduct the litigation. Generally, barristers, solicitors and other authorised individuals have the rights of audience. If someone who is part of a proceedings does not have legal representation, they can represent themselves and conduct the proceedings by themselves.

Will a person be penalised for representing themselves at court?

A person will not be penalised for presenting themselves at court. The court will be aware that the person is representing themselves at court so will ensure that they are placed on equal footing to the other party.

What is a McKenzie friend?

A McKenzie friend is someone who can help and advise the person self representing. They may provide assistance by providing emotional and moral support, take notes during the hearings and ensure the person self representing understood what happened during the hearing. The Mckenzie friend could be someone who has some legal experience or no legal experience at all.

Can you get legal advice from a solicitor if you represent yourself at court?

The person self-representing is free to get legal advice from a solicitor. They will still be self-representing if they continue to conduct the procedural aspects of the litigation without the help of a solicitor. The person will be self-representing if they represent themselves at the hearing.

Will the court treat a person differently for representing themselves at court?

The court will be aware that the person is self representing. The court will take steps to ensure that the person self-representing is not disadvantaged by their lack of legal representation and aim to place the person self-representing on the same footing as the other party.

Do you have to pay for a McKenzie friend?

There are different types of McKenzie friends. McKenzie friends who have a personal connection with the self representing party are unlikely to charge a fee. Professional McKenzie friends with expertise in court proceedings and legal experience are more likely to charge a fee for acting as the McKenzie friend.

What should someone representing themselves at court do to prepare?

The self representing party could research the area of law that is involved in their case using online resources and the library. The self representing party could research how the Civil Procedure Rules applies to cases and what they will need to do to ensure that they are complying with them. They could research what will happen during hearings. They could obtain some legal advice from organisations that offer free legal advice. They should try to settle the case outside of court to avoid going to court altogether. They should prepare any evidence they will be relying on at the hearing. If there are any witnesses in the case, they must prepare the witnesses.

Are there different rules for those who represent themselves at court?

There are no different rules for someone who represents themselves at court. They must follow the Civil Procedure Rule. The Court will however be aware that the person is representing themselves at court and will ensure that they are placed on equal footing with the other party.

What is the Pre-Action Protocol?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action letter, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What is the purpose of the Pre-Action Protocol?

Following the pre-action protocol will allow the party to understand each other's position and make decisions about how to proceed. Exchanging information and discussing might help the parties settle without going to court. The pre-action protocol will allow them to consider whether using an alternative dispute resolution will help them resolve their dispute. Following pre-action protocol will support the efficient management of the proceedings by narrowing the issues that are still in dispute and will reduce the overall costs of resolving the dispute.

What is the consequence for not complying with the Pre-Action protocol?

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

What should be included within a Letter Before Claim?

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

What is a Part 36 Offer?

A Part 36 offer is an offer made by either the Claimant or the Defendant to settle the claim early without the matter being taken through a final hearing. If the Part 36 offer is accepted by the other party and they do not receive a favourable decision at trial, they will need to pay the other party’s costs. The court can also apply penalties for refusing to accept an offer when they ought to have accepted it.

What is the consequence of refusing a Part 36 Offer?

If Part 36 offer is refused, the party refusing the offer is at risk of having to pay the other party’s costs. If, at the final hearing, the party who refused the offer gets a less favourable decision and the decision is less beneficial than what was offered through the Part 36 offer, they will need to pay the other party’s costs.

What should be included within the Part 36 Offer?

The Part 36 offer should make it clear that the offer is a Part 36 offer. The offer should state the period which the other side will be liable for costs. The period should be 21 days or more. The offer should state whether the offer is in relation to the whole of the claim or part of the claim. The offer should also state whether it takes into account any counterclaim made by the Defendant.

What is a ‘Without Prejudice Save As To Costs Offer’?

A without prejudice save as to costs offer is an offer on the costs in the case that cannot be referred to in court. After the judge has decided on the final judgment, the offer can be referred to when considering costs.

What is a ‘Without Prejudice Offer’?

A without prejudice offer is an offer for settlement that cannot be referred to in court at all. The offer cannot be referred to when considering costs either.

What is an open offer?

An open offer is an offer for settlement that can be referred to in court. An open offer can be used to demonstrate to the court that the party making the offer attempted to settle.

What is a Particulars of Claim?

Particulars of Claim is a document where the Claimant provides details of their claim such as on what basis they are bringing the claim. The Particulars of Claim will also include a statement of facts which will outline what happened between the parties and why the claimant is making a claim in court.

What should be included in Particulars of Claim?

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

What should be included in a Particulars of Claim for a personal injury claim?

Alongside the requirements for Particulars of Claims, it should also include the Claimant’s date of birth, brief details of the Claimant’s personal injuries, an attachment of a schedule for details of any past and future expenses and losses which is being claimed and if the Claimant is relying on a medical practitioner’s evidence, an attachment of a report from the medical practitioner about the personal injuries.

How long can the Particulars of Claim be?

There are no limits as to how long the Particulars of Claim can be but if the Particulars of Claim is longer than 25 pages, the Claimant must include a short summary of the Particulars of Claim.

Who serves the Particulars of Claim?

The Claim Form with the Particulars of Claim will be served on the Defendant by the court unless the court orders or directs that it should be served by the Claimant. The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Claimant does not include the Particulars of Claim in the Claim Form, the Claimant must serve the Particulars of Claim to the Defendant within 14 days of service of the Claim form and within 4 months of the issue of the Claim Form or within 6 months if the Defendant is not within England and Wales.

How long does the Claimant have to serve the Particulars of Claim?

The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Claimant does not include the Particulars of Claim in the Claim Form, the Claimant must serve the Particulars of Claim to the Defendant within 14 days of service of the Claim form and within 4 months of the issue of the Claim Form or within 6 months if the Defendant is not within England and Wales.

How can the Particulars of Claim be served?

The Claimant can personally serve a Particulars of Claim. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

Where can the Claimant serve the Particulars of Claim if the Defendant is a company or corporation?

If the Defendant is a company, the Particulars of Claim must be served on a person holding a senior position in the company. A person holding a senior position in a company or corporation will be the director, treasure, secretary, chief executive, manager or other officer of the company or corporation. If the Defendant is a partnership, it can be served on a partner or a person at the time of service has control or management of the partnership at its principal place of business.

Can the Particulars of Claim be served on the Defendant’s solicitor?

The Particulars of Claim must be served to the Defendant or the person who is to be served with it. If the Defendant has specified their solicitor’s address in writing and the Defendant’s solicitor has informed the Claimant in writing that they are to accept service, the Claimant must serve the Particulars of Claim to the Defendant’s solicitor.

Where can the Claimant serve the Particulars of Claim if the Defendant does not provide an address?

If the Defendant’s address or the Defendant’s solicitor’s address is unknown, the Claimant must take reasonable steps to find the Defendant’s current address. If the Defendant is an individual, the Particulars of Claim can be served at the Defendant’s usual or last known address. If the Defendant is a company, the Particulars of Claim can be served at the principal office, the registered office, a place with real connection to the claim or the last known place of business. The Particulars of Claim can also be served on someone who holds a senior position within the company.

What is a witness statement?

Witness statement is a written document that contains an honest account and record of the witness’s knowledge of the facts relevant to the issues in the claim.

What should be included in a witness statement?

In brief, the witness statement should contain the full name and the witness’ place of residence or if the witness is making a statement in their professional, business or other occupational capacity, the address at which they work and the position they hold and their employer. It should contain the witness’s occupation or a description of their occupation, whether they are party to the proceedings or they are the employee of the party and the process by which the witness statement was prepared. The statement should indicate that the statements were made from the witness’s own knowledge. If the statement contains information from other sources, it should include who or what the source is. Where a witness refers to an exhibit, they should state, “I refer to the (description of the exhibit) marked ‘...’”. The statement should end with a statement of truth.

How should the witness statement be formatted?

The witness statement should be produced on durable quality A4 paper with a 3.5cm margin. The statement must be fully legible and typed on one side of the paper only. The statement should be bound securely in a manner which would not hamper the filing. If it cannot be bound, each page should be endorsed with the case number and should have the initials of the witness. The pages should be numbered consecutively as a separate statement (or as one of several statements contained in a file). The statement should be divided into numbered paragraphs. All numbers contained within the statement, such as the dates, should be expressed in figures. If the statement mentions or refers to any other document, a reference to the document should be mentioned in the margin or in bold text in the body of the statement. The statement should be drafted in the witness’s own language in first person.

What will happen if the witness statement is not formatted correctly?

If the witness is not formatted correctly, the court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation. The party can apply to the court for permission to file the defective witness statement in order to rely on it.

What is a statement of truth?

A statement of truth confirms that the witness who wrote the statement believes the facts stated within the document are true and accurate.

Should witness statements in a foreign language be translated?

If the witness statement is in a foreign language, the party who is relying on it must have it translated and file the foreign language witness statement with the court. The translator must sign the original statement and certify that the translation is accurate.

Can the witness statement refer to other documents?

The witness can refer to other documents within their witness statements. They will, however, need to give the reference to any document within the margin or in bold text in the body of the statement. If they refer to a document within the witness statement, they may need to disclose the document to the other party.

What is the purpose of a witness statement?

The purpose of a witness statement is to provide written evidence to support a party’s case that can be used at court.

What should not be included in a witness statement?

The witness statement should not have any inadmissible, irrelevant opinion, submissions or speculations. The witness statement should merely contain a record of the events that occurred to the best of the witness’s knowledge and perspective. A witness, who is not an expert witness, should not provide opinions on the case as if they were an expert witness. A witness statement should not contain any arguments against the other party. The witness statement should contain the witness’s own version of the events, it cannot include other people’s version of events. The witness statement should be from the witness’s direct knowledge.

Does the witness have to go to court if they give a statement?

The witness can attend court to provide oral evidence in which they could be cross-examined by the other party. If the witness does not attend the court hearing to provide oral evidence, the witness statement will be considered hearsay and will not be given as much weight.

What is group or collective court action?

Group or collective court action is when a group of claimants bring a court action against a Defendant. The Defendant is usually a company or corporation. A group litigation can also be brought against multiple different Defendants.

What is a group litigation order?

A group litigation order is the main case management order which contains directions, issues managed under the group litigation order and the court which will manage the claims on the group register.

What does a group litigation order contain?

A group litigation order contains directions about creating a group register on which the claims managed under the group litigation order will be entered. The group litigation order will specify the issues which will identify the claims to be managed as a group under the group litigation order and specify which court will manage the claims on the group register.

How can a party obtain a group litigation order?

A party can obtain a group litigation order by filing an application notice with the court. The applicant notice must be made to the court or hearing centre where the claim was issued or if the claim has already been transferred, to the court or hearing centre it was transferred to. An application can be made any time, before or after proceedings have commenced.

What should be included in an application notice?

An application notice should include a summary of the nature of the litigation, the number and nature of claims already issued, the number of parties likely to be involved and the common issues of fact or law that are likely to arise in the litigation.

What is the cut-off date within a group litigation order?

The cut-off is the final date in which a claim can be added to the Group Register. Once the cut-off date has passed, a claim can only be added with the permission of the court.

What happens after the court orders a group litigation order?

Once the court makes a group litigation order, a managing judge will assume responsibility over the claim. Every claim in a case entered in the Group Register will be allocated to the multitrack unless the court orders otherwise. Any management directions that have already been given other than by the management court will be set aside. The court will vacate any hearing date already fixed otherwise than for the purpose of the group litigation.

When can a group litigation order be made?

A group litigation order will be made in the county court with the consent of the Head of Civil Justice. A group litigation order will be made in the Queen’s Bench Division with the consent of the President of the Queen’s Bench Division. A group litigation order can be made in the Chancery Division with the consent of the chancellor of the High Court.

Can the court make a group litigation order without an application?

The court can make a group litigation order without an application from the parties if there is or there is likely to be a number of claims giving rise to group litigation order issues.

How does someone join an existing group litigation order?

A claimant must make an individual claim before the cut-off date to join a group litigation claim using a Claim Form N1 in order to be added as a claimant on a group litigation order. Claim Form N1 can be found on the government website.

When will a claim be placed on the small claims track?

A claim will be allocated to the small claims track if the claim is for a value below £10,000. A personal injury claim with a value below £10,000 and a value for damages for injuries below £1,000 will be allocated to the small track.

When will a claim from a tenant be allocated to the small claims track?

A claim from a tenant of a residential premise against their landlord will be allocated to the small claims track provided that the claim meets certain qualifications. The qualifications are that the tenant is seeking an order for the landlord to carry out repair or other works to the property, the cost of the repair/work is below £1,000 and the value of any other claim for damages is below £1,000.

Can harassment and unlawful eviction claims be allocated to the small claims track?

A claim for harassment or unlawful eviction cannot be allocated to the small claims track.

Can a party in the small claims track represent themselves?

A party in a small claims track may represent themselves or instruct a solicitor or barrister to represent them. They can also instruct a non-legally qualified person to represent them. Usually parties in a small claims track represent themselves. The small claims are, therefore, heard before a District judge or a Circuit judge in the Judge’s chambers (office) and not in the courtroom. There is no strict rule of evidence and the hearings are more informal. The parties will only need to disclose the document they intend to rely on.

What is the directions questionnaire?

The directions questionnaire will allow the parties to provide the court with more information to help it decide which track the claim should be allocated to.

What is the notice of proposed allocation?

A notice of proposed allocation will state the track the court is provisionally allocating the claim to. The notice will also specify things the parties need to do. The notice will require the parties to file the completed directions questionnaire and serve it on the other parties. The notice will inform the parties on how to obtain a directions questionnaire.

How long do parties have to file their directions questionnaire?

The directions questionnaire must be filed within 14 days of receiving the notice of proposed allocation.

What will the court do once it receives the directions questionnaire?

The court will give standard directions and fix a final date for the hearing. The court will give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given. The court will fix a date for a preliminary hearing and give the parties at least 21 days notice of the hearing unless the parties agree to accept less notice.

What are standard directions?

Standard direction will direct the parties to file and serve on every other party copies of all the documents that will be relied on at the hearing at least 14 days before the final hearing. Standard directions may also require the parties to complete further actions. Standard directions will also direct the parties on what they will need to do for the final hearing.

Can a claim be dealt with without a hearing?

Claims can be dealt with without a hearing. The court will give notice that it proposes to deal with the claim without a hearing. If the proposal is agreed to by both parties, the claim will be decided without a hearing. The parties can also agree for the claim to be decided without a hearing but they will lose the right to set aside the judgment given by the court in their absence.

What are practice directions?

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

What is the purpose of practice directions?

The purpose of the Practice Directions is to provide further guidance to parties on how they can follow the Civil Procedure Rules. It provides further information on any flexible Civil Procedure Rules. Like the Civil Procedure Rules, the underlying aim of the practice directions is to deal with cases fairly and efficiently.

Are practice directions legally binding?

Practice directions themselves are not legally binding but the rules they are attached to or accompanying will be legally binding. Not complying with a Practice Direction is likely to be a noncompliance of the Civil Procedure Rules.

Are the civil procedure rules a legal requirement?

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

Do all civil procedures rules have a practice direction?

Not all Civil Procedure Rules are accompanied by a Practice Direction.

What are civil procedure rules?

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

What is the consequence of not complying with the practice direction?

If the non-compliance is also a non-compliance of Civil Procedure Rule, the court may apply sanctions or cost implications for not following the Civil Procedure Rules . If the non-compliance did not affect the case or delay it, the court may ignore the non-compliance. The non-compliance could also mean that the other party could get a judgment in default. A judgment in default can be set aside only if the other party has a reasonable excuse for defaulting.

What is the pre-action conduct and protocols?

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action letter, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What cases does the practice directions apply to?

Practice Directions apply to all civil hearings.

Do the practice directions apply to all cases?

Practice Directions only apply to civil hearings. There are particular Practice Directions for specific types of cases. The specific types of cases are cases involving EU competition law, insolvency law, directors disqualification proceedings, civil recovery proceedings, application for a warrant under the Enterprise Act 2002, proceedings under enactments relating to equality, county court closures, solicitors’ negligence in right to buy cases and devolution issues. There are also specific Practice Directions relating to the Welsh language.

What cases are allocated to the fast claims track?

A claim will be allocated to the fast claims track if it is valued between £10,000 to £25,000 and is likely to last no longer than 1 day (5 hours) and with oral expert evidence limited to 1 expert per party and 2 expert fields.

Can a party represent themselves in a fast claims track?

A party in the fast claims track may represent themselves or instruct a solicitor or barrister to represent them.

What is the directions questionnaire?

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track.

What is a notice of proposed allocation?

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to be served on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

How long do the parties have to file their directions questionnaire?

The parties must file and serve their directions questionnaire within 28 days of receiving the notice of proposed allocation.

What will happen after the directions questionnaire has been filed?

Once the directions questionnaire has been filed, the court will allocate the claim to the fast claims track. The court will give directions and set a timetable between the date of the directions and the trial date or may fix a case management conference, pre-trial review or both. The court will fix the trial date or the period in which the trial is to take place as soon as practicable.

What is standard disclosure?

Standard disclosure will require the party to disclose documents which they will rely on, documents which will adversely affect their case. documents which will adversely affect another party’s case, documents which will support another party’s case and documents which they are required to disclose due to a Practice Direction.

What is a case management conference?

A case management conference is an initial hearing which enables the court to identify and understand the issues in the case. At the case management conference, the court may identify and narrow down the issues, identify evidence, review steps already taken by the parties,# give directions before the trial and fix a pre-trial review.

How can the parties get the court’s approval of any agreed directions?

The court may approve an agreed directions if the direction sets a timetable by reference to calendar dates, includes the date/period proposed for trial and includes provisions about disclosure, factual evidence and expert evidence. The court may approve the agreed direction or issue its own directions. The parties will be notified of the directions and the case management conference will not take place. If the case management conference is to take place the parties will be notified of the directions 3 days before the case management conference.

What is a pre-trial checklist?

A pre-trial checklist is a checklist of things the parties must complete before the trial. The things to be completed could be procedural or things they need to file to support their case. The checklist will check whether the parties have complied with the directions and if not, the parties will need to state when the direction will be complied with. The pre-trial checklist will require the parties to provide further information on their witnesses and the experts they will be relying on. The checklist will require further information on legal representation and the trial itself. The pre trial checklist must be returned no later than 8 weeks before the trial.

What is the purpose of disclosure?

The purpose of disclosure is for all the parties of a claim to be aware of each other's position and to provide an open process throughout the proceedings. Disclosure will enable all parties to be disclosed of all the relevant documents the other parties have and assess their position. The transparency may encourage the parties to settle the case outside of court.

What is standard disclosure?

Standard disclosure will require the parties to disclose documents which they rely on, documents which adversely affect their case, documents which adversely affect another party’s case, documents which support another party’s case and documents which they are required to disclose due to a Practice Direction.

What are the disclosure requirements in the small claims track?

The parties are only required to disclose documents which they will be relying on at the hearing to the other party.

What are the disclosure requirements in the fast track claims?

The disclosure requirement for claims within the fast track and personal injury multi-track claims is standard disclosure unless the court orders others. The court may decide to dispense with or limit standard disclosure. The parties may also agree in writing to dispense with or to limit standard disclosure.

What are the disclosure requirements in the multi-track claims?

Parties of multi-track claims (excluding personal injury claims) will be required to file and serve a disclosure report verified by a statement of truth no later than 14 days before the case management conference. The parties should try to agree on a proposal in relation to disclosure 7 days before the case management conference. If the parties agree on a proposal and the court considers the proposal appropriate, the court may approve the proposal without a hearing and give directions. If not, at the case management conference the court will make a disclosure order. The parties will need to follow their proposal for disclosure or the disclosure order made by the court.

What should the disclosure report contain?

The disclosure report should describe briefly what documents exist or may exist that are or may be relevant to the matters in issues in the case, describe where and with whom those documents are or may be located and describe how electronic documents are stored. The report should estimate the broad range of costs that could be involved in giving standard disclosure in the case including costs of searching for and disclosing any electronically stored documents. The report should also state which type of disclosure order is sought by the party.

Can the disclosed document be used in other proceedings?

Any disclosed document should only be used in proceedings it was disclosed in. The first exception to this is if the document was read or referred to in open court in public. However, even if it was read out in open court in public, the court may restrict or prohibit the use of the document following an application by a party or the individual the document belongs to. The second exception is if the court gives permission for the use of the document, it can be used in other proceedings. The third exception is if the party disclosing the document and the person the document belongs to agree to it being disclosed in other proceedings.

What is an order for specific disclosure?

An order for specific disclosure is an order that a party must do one or more of the following: disclose the document or classes of documents specified in the roder, carry out a search to the extent stated in the order and disclose any documents located as a result of that search.

When can a party refuse inspection?

An order for specific inspection will require the party to permit the inspection of a document which they have not permitted to inspect because it would be disproportionate to do so.

The party has the right to withhold inspection due to legal advice privilege between a lawyer and their client provided that the document is confidential, was written in professional capacity and for legal advice purposes. The party has the right to refuse due to litigation privilege if the document was between lawyer and client or third party where the document was made for use in pending contemplated or existing litigation or the main purpose of the document at the time it was created was for use in the current proceedings. The party will have the right to refuse if without prejudice principles are applicable to the document.

The party can refuse inspection if the document is no longer in their control. The party can refuse if allowing the party to inspect the document would be disproportionate to the issues in the case. The party can refuse if permitting the inspection of the document would be against the privilege against self incrimination which exempts an individual from providing a document that might expose them to criminal proceedings.

What is an order for a disclosure against a person not a party to the proceedings?

Parties can apply to the court against a person who is not party to the proceeding for a document to be disclosed when the proceedings have started, the document is likely to support their case or adversely affect another party's case and disclosure is necessary to conclude the case fairly and save costs.

What is the Particulars of Claim?

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

How can the Defendant respond to a Particulars of Claim?

The Defendant has three ways of responding to the Particulars of Claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant. The Defendant could also include a Counterclaim within their Defence. The Counterclaim will be a claim against the Claimant for money or other compensation.

Can the Defendant respond online to a claim?

The Defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

How long will the Defendant have to respond to the Particulars of Claim?

The Defendant has 14 days from the date on which the Claimant served their Particulars of Claim to file and serve their Acknowledgement of Service or their Defence. If they file and serve an Acknowledgement of Service, they will have 14 days from the date of the Acknowledgement of Service to file their Defence. In total, the Defendant could have 28 days to file and serve their Defence.

Can the time for filing and serving a Defence be extended?

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

What must be included in the Defence?

The Defence should contain which allegations they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

How should the Defendant respond to a medical report or schedule of expenses and losses attached to the Particulars of Claim?

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

Can the Defendant ignore the Particulars of Claim?

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

What is an Acknowledgement of Service?

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

What form should the Defendant use to respond to the Particulars of Claim?

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The forms can be found on the government website.

What is court jurisdiction?

Court jurisdiction refers to which court has the power to hear and decide on a claim. Jurisdiction has two aspects: territorial jurisdiction and the court’s power to try a claim. The first is based on the location where the dispute began or took place and where the parties are located. The second is based on which court will be able to decide on a case depending on the value of the claim and the complexity of the case.

What claims are heard by the High Court?

If the claim is for money more than £100,000, it will be heard in the High Court. A case can also be heard at the High Court if the financial value of the claim and the amount in dispute is very high. If the facts, legal issues, remedies and procedures involved in the case are complex, the case will be heard at the High Court. If the outcome of the claim holds particular importance to the public in general, it will be heard at the High Court. If the claim for personal injury is more than £50,000, it will be heard at the High Court.

What claims are heard by the County Court?

If the claim is for money less than £100,000 or if the case is not complex and does not hold public importance, it will be heard by the County Court. If the claim is for personal injury less than £50,000, it will be heard at the County Court.

What is the appropriate court for personal injury claims?

A claim for personal injury that is more than £50,000 will be heard at the High Court. A claim that is less than £50,000 will be heard at the County Court.

What will happen if a case is started in the wrong court?

If a case is started in the wrong court, the case will be transferred to the correct court. The court also has the power to strike out the claim.

What is territorial jurisdiction?

Territorial jurisdiction is based on whether a court within a particular location has the power to hear the case. This can depend on where the dispute took place and whether parties are located and carry on their business.

Does jurisdiction determine which law will be applicable in the case?

Jurisdiction does not determine which law will be applicable to a case. Jurisdiction merely determines which court will hear the case and the procedural rules that will apply to the management of the case. A case can be heard in one country but can apply a different country’s laws.

How can a party stop a court hearing a case?

A party can apply to the court for an order declaring that the court has no jurisdiction or should not exercise any jurisdiction to hear a dispute between the parties. This will prevent the other party from claiming at that particular court or carrying on the case at that location.

Can contracts determine the appropriate court jurisdiction?

A contract or agreement may contain a jurisdiction clause. The jurisdiction clause will determine, where there is a dispute, which court will have jurisdiction over the case.

What is the territorial jurisdiction in the UK?

The courts in England and Wales have power to try cases in relation to disputes in England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales.

What does serving a document on another party mean?

Serving a document means delivering a document to the other party and bringing the other party's attention to the document.

How can a document be personally served?

A document can be served personally by leaving the document with the individual who is to be served with it. If the other party is a company, the document can be delivered to a person holding a senior position in the company. If the other party is a partnership, the document can be delivered to a partner or a person who at the time of service has control or management of the partnership at its principal place of business.

What are the different methods of serving a document?

A party can serve a document to the other party by personal service, sending it by first-class post, sending it by document exchange, sending it through another service which provides delivery the next business day, sending it by fax or other electronic means or any other method authorised by the court.

Where should the document be served?

The document must be served at the address provided by the other party or the address for the other party’s legal representative. If the legal representative is to be served with the document, the other party should provide the legal representative's address and the legal representative should notify the party that they are instructed to receive the document in writing. The document must be served to a business address within the United Kingdom if it is a legal representative receiving the document. If the other party will be receiving the document, the party must send the document to an address within the United Kingdom at which the party resides or carries on business.

Who should serve the document?

The party who prepared the document should serve the document. If the Practice Direction provides that the court will serve the document or where the court orders for the document to be served by it, the document will be served by court.

What is deemed service for personal service?

If it was personally served on a business day before 4:30pm, it will be deemed to be served on that day. If it was not served on a business day or before 4:30pm, it will be deemed to be served on the next business day.

What is deemed service for first-class post or another next business day delivery service?

Deemed service will be the second business day it was posted. If it was not served on a business day, it will be deemed to be served on the next business day.

What is deemed service for document exchange?

Deemed service will be the second business day. If it was not served on a business day, it will be deemed to be served on the next business day after the second day.

What is deemed service for email or other electronic communication?

If it was sent on a business day before 4:30pm, it will be deemed to be served on that day. If it was not sent on a business day or before 4:30 pm. It will be deemed to be served the next business day.

What should the party do if the other did not provide an address where they can serve the document?

If the other party’s address or the other party’s solicitor’s address is unknown, the party must take reasonable steps to find the other party’s current address. If the other party is an individual, the document can be served at the other party’s usual or last known address. If the other party is a company, the document can be served at the principal office, the registered office, a place with real connection to the claim or the last known place of business. The document can also be served on someone who holds a senior position within the company.

What is a pre-action notice?

A pre-action notice is a letter that invites the other party to resolve the dispute. The letter will be written with the intention that if the letter is not followed and the dispute is not resolved, the Claimant will make a claim at court.

What is the Pre-Action Conduct and Protocol?

Pre-action Conduct and Protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What is the purpose of the Pre-Action Conduct and Protocol?

Following the pre-action protocol will allow the party to understand each other's position and make decisions about how to proceed. Exchanging information and discussing might help the parties settle without going to court. The pre-action protocol will allow them to consider whether using an alternative dispute resolution will help them resolve their dispute. Following pre-action protocol will support the efficient management of the proceedings by narrowing the issues that are still in dispute and will reduce the overall costs of resolving the dispute.

What should be included in a pre-action notice?

The notice should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

How long will the Defendant have to respond to the pre-action notice?

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

What are the consequences of not complying with the Pre-Action Conduct and Protocol?

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

Why should the Claimant send a pre-action notice?

The Claimant should send a pre-action notice to attempt to resolve the issue outside of court as this would save costs. Sending a pre-action notice will also prevent any delays as if the claimant claims at court without a pre-action notice, the court can stay the proceedings until the pre-action notice has been sent. Sending a pre-action notice can help the Claimant and the Defendant narrow down the issues that are in dispute. By sending a pre-action notice, they will be complying with the pre-action protocols and will avoid sanctions.

Is sending a pre-action notice a legal requirement?

The pre-action notice is a legal requirement as it is required within the pre-action protocol. If the Claimant does not comply, the court may apply a sanction or stay the proceedings so that the Claimant can send the pre-action letter.

Can a pre-action notice be sent by email?

The pre-action notice can be sent by email. The Claimant must send the notice with the intention of resolving the dispute so they must ensure that they send the pre-action notice using the communication method on which the Defendant is likely to receive it promptly and respond within the deadline.

Will the Claimant need to disclose any document and information to the other party?

The Claimant should communicate with the Defendant with the intention of resolving the dispute. If this requires the Claimant and Defendant to disclose documents and information with each other, they must do so. The Claimant and the Defendant do not need to disclose any documents that are not relevant to the dispute.

What is a witness summon?

A witness summon is a document issued by the court which requires a witness to attend court to give oral evidence and/or produce documents to the court on the date fixed for a hearing or any other date as the court may direct.

When can a party apply for a witness summon to be issued?

A party can apply for a witness summon if a witness is reluctant to give evidence at court. The witness summon will compel the witness to attend court to give oral evidence and/or produce documents.

Does the party need the court’s permission to issue a witness summons?

The party will need the permission of the court if they wish to have a summon issued less than 7 days before the date of the trial. The party will need the permission if they wish to have a summon issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial or for a witness to attend court to give evidence or to produce documents at any hearing except the trial.

How can a party apply for witness summon?

The party can use the Form N20 to apply for a witness summon to be issued. Two copies of the summon must be filed so that one of the copies can be served to the person who is to be summoned.

Who serves the witness summon?

The court usually served the witness summon. The party on whose behalf the witness summon is issued can, however, indicate in writing when asking the court to issue the summon that they wish to serve it. The party can, then, serve the witness with the witness summon.

When will a witness summon be binding?

If the witness summon is served at least 7 days before the date on which the witness is required to attend before the court or tribunal, the general rule is that the witness summon is binding. The court may direct that a witness summon shall be binding even if the witness summon is to be served less than 7 days before the date on which the witness is required to attend before the court or tribunal. The witness summon will be binding until the conclusion of the hearing at which the witness will attend to provide evidence.

What will be the consequence for failing to comply with a witness summon from the County Court?

If a witness fails to comply with a witness summon, the County Court may impose a fine. If the witness can demonstrate a good reason why they should not be fined, the court may direct that the witness give evidence by a witness statement, affidavit or in another way as the court may direct.

What will be the consequence for failing to comply with a witness summon from the High Court?

If a witness fails to comply with a witness summon from the High Court, they will be held in contempt of court and they may be fined or imprisoned as a result.

Can a witness refuse a witness summon?

The witness should object to the witness summon as soon as practicable. A witness can object to the witness summon on the grounds that they cannot give or produce evidence being sought or that their duties or rights such as their rights of confidentiality outweighs the issue of the summon.

At what stage of the proceedings can a party apply for a witness summon to be issued?

A party should apply for a witness summon to be issued as soon as they realise that the witness is reluctant to attend the hearing. The witness summon, in order for it to be automatically binding, must be served at least 7 days before the the date on which the witness is required to attend before the court or tribunal.

What claims are allocated to the multi-track?

Claims with a value over £25,000 are allocated to multi-track. Claims that cannot be dealt with in small track and fast track are also allocated to the multi-track. Cases that are allocated to the multi-track tend to be more complex.

What is the directions questionnaire?

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track. The direction questionnaire will require the Claimant and the Defendant to provide information on the details of witnesses they are intending to rely on at trial, evidence and details on the claim itself. The parties will have 28 days from receiving the notice of proposed allocation to file and serve their directions questionnaire.

What is the notice for proposed allocation?

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to serve on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

What happens once the court receives the directions questionnaires?

Once the court receives the directions questionnaire, the court will allocate the claim to the multi track. The court will, then, give directions and set timetables between the date of directions and the trial date or the period in which the trial is to take place. When the court fixes a trial date or period, the parties will be notified of the date or period and the court will specify the date by which the parties must file a pre-trial checklist. The court may fix a case management conference, a pre-trial or both.

How are costs managed in a multitrack claim?

parties must file and exchange budgets for the claim. The budget includes the costs that are incurred during the proceedings. The budget will be in the form of Precedent H annexed to Practice Direction 3E. If the value of the claim is less than £50,000, the budget must be filed with the directions questionnaire. If the value is more than £50,000, the budget should be filed no later than 21 days before the case management conference. If the parties file and exchange a budget, the parties should file an agreed budget discussion report no later than 7 days before the case management conference. Any litigants in person will not need to file an agreed judgment discussion report. The budget will be approved or amended at the case management conference. The court will make a cost management order if it is not satisfied that litigation can be conducted justly and at a proportionate cost.

What is the case management conference?

A case management conference is an initial hearing which enables the court to identify and understand the issues in the case. At the case management conference, the court may identify and narrow down the issues, identify evidence, review steps already taken by the parties, give directions before the trial and fix a pre-trial review. At the case management conference, the court will view the budgets submitted by the parties and may order a costs management order. The court will also decide on what will be the appropriate disclosure order for that particular case. It may approve the disclosure proposal the parties provide or amend the proposal or make its own arrangements for disclosure.

What are the requirements for disclosure in multi-track claims?

Parties of multi-track claims (excluding personal injury claims) will be required to file and serve a disclosure report verified by a statement of truth no later than 14 days before the case management conference. The parties should try to agree on a proposal in relation to disclosure 7 days before the case management conference. If the parties agree on a proposal and the court considers the proposal appropriate, the court may approve the proposal without a hearing and give directions. If not, at the case management conference the court will make a disclosure order. The parties will need to follow their proposal for disclosure or the disclosure order made by the court.

For personal injury multi track claims, the usual direction is standard disclosure unless the court orders otherwise. The court may decide to dispense with or limit standard disclosure. The parties may also agree in writing to dispense with or to limit standard disclosure.

What should be included in a disclosure report?

The disclosure report should describe briefly what documents exist or may exist that are or may be relevant to the matters in issues in the case, describe where and with whom those documents are or may be located and describe how electronic documents are stored. The report should estimate the broad range of costs that could be involved in giving standard disclosure in the case including costs of searching for and disclosing any electronically stored documents. The report should also state which type of disclosure order is sought by the party.

What is a pre-trial checklist?

A pre-trial checklist is a checklist of things the parties must complete before the trial. The things to be completed could be procedural or things they need to file to support their case. The checklist will check whether the parties have complied with the directions and if not, the parties will need to state when the direction will be complied with. The pre-trial checklist will require the parties to provide further information on their witnesses and the experts they will be relying on. The checklist will require further information on legal representation and the trial itself. The pre trial checklist must be returned no later than 8 weeks before the trial.

What cases does cost management apply to?

Cost management applies to all claims within the multi-track but there are a few exceptions. Claims that commenced on or after 22nd April 2014 and the amount of money claimed is £10 million or more and/or no full quantification is given, cost management will not apply. Cost management will not apply to claims commenced on or after 6th April 2016 and are made by or on behalf of a person under the age of 18 and even if the child is reaching 18, the exception will continue to apply unless the court orders otherwise. Cost management will not apply to claims that are subject to fixed costs or scale costs or where the court orders that cost management will not apply.

What is an affidavit?

An affidavit is a written statement which is confirmed by oath or affirmation for use as evidence in court. The person giving evidence by the affidavit is called the deponent.

What should be included in an affidavit?

In brief, the affidavit should include the title of the proceedings, the party on whose behalf the affidavit is made, the deponent’s occupation, description of their role and place of work and whether the evidence is given in their professional, business or occupational capacity. The affidavit should state whether the deponent is a party to the proceedings or employed by a party to the proceedings. The affidavit should state which statements within the affidavit are made from the deponent’s own knowledge and which are information from other sources. Information about the other sources must be included. Where the deponent refers to an exhibit in the statement, it should state “There is now shown to me marked ‘...’ the (description of exhibit)”. At the end of the affidavit, there must be a state which authenticates the affidavit.

What is the Jurat?

A Jurat is a statement which authenticates the affidavit. This statement will follow immediately from the text and not follow onto a separate page. The statement should be signed by the deponent and be completed and signed by the person before whom the affidavit was sworn. The person’s name, full address and qualification must be printed beneath their signature.

How should the affidavit be formatted?

The affidavit must be produced on durable quality A4 paper with a 3.5cm margin. The affidavit must be fully legible and should normally be typed on one side of the paper only. The affidavit must be bound securely and if this is not possible, each page should be endorsed with the case number and the initials of the deponent and of the person before whom it was sworn. The pages should be numbered consecutively. The affidavit should be divided into numbered paragraphs. Any numbers such as dates should be expressed in figures. Any reference to any document or exhibits should be mentioned in the margin or in bold text in the body of the affidavit.

Can an affidavit be signed by someone who is unable to read or sign an affidavit?

If a deponent is unable to read or sign the affidavit, the person before whom the affidavit is sworn must certify that they read the affidavit to the deponent, the deponent appeared to understand it and the deponent signed or made their mark in their presence.

When is an affidavit used?

Affidavits are used alongside witness statements to prove a party’s case in court. Affidavits will be included as part of evidence. Affidavits may be required by law or by the Civil Procedure Rules.

How long is an affidavit valid for?

Affidavits do not have an expiration date so it will be valid for as long as the party will need it to be.

What happens if someone makes a false affidavit?

If someone makes a false affidavit, they will be held in contempt of court. They could be fined or imprisoned for being in contempt.

How can an affidavit be sworn or affirmed?

An affidavit can be sworn or affirmed by a solicitor, notary or a commission for oaths (for a charge) or by an authorised member of the court staff. An affirmation is a non-religious statement that has the same legal effect as an oath sworn on a religious text.

Can someone write their own affidavit?

Someone can write their own affidavit as long as they have the mental capacity to understand the seriousness of having the affidavit be sworn or affirmed. Obtaining legal advice when drafting the affidavit will ensure that the person is including information that is necessary and relevant to the case.

What is a pre-action notice?

A pre-action notice is a letter that invites the other party to resolve the dispute. The letter will be written with the intention that if the letter is not followed and the dispute is not resolved, the Claimant will make a claim at court.

What is the Pre-Action Conduct and Protocol?

Pre-action Conduct and Protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

What is the purpose of the Pre-Action Conduct and Protocol?

Following the pre-action protocol will allow the party to understand each other's position and make decisions about how to proceed. Exchanging information and discussing might help the parties settle without going to court. The pre-action protocol will allow them to consider whether using an alternative dispute resolution will help them resolve their dispute. Following pre-action protocol will support the efficient management of the proceedings by narrowing the issues that are still in dispute and will reduce the overall costs of resolving the dispute.

How long will the Defendant have to respond to a pre-action notice?

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

What should be included in the Defendant’s response to a pre-action notice?

The reply to the notice should set out the Defendant's position in relation to the claim. It should state whether they accept the claim in full or in part or whether they deny the claim. If the Defendant accepts the claim, the Defendant should provide details on how they will settle the claim. If the claim is not settled, the acceptance can be used as evidence. If the Defendant denies the claim, they should provide an explanation as to why they deny the claim. The reply should state whether the Defendant is intending on counterclaiming and if so, on what grounds. The Defendant could propose the next steps such as intiving the Claimant to an alternative dispute resolution or requesting further information or documents to clarify particular points relating to the claim.

What is alternative dispute resolution?

Alternative dispute resolutions are ways in which a dispute can be resolved outside of court. This can include negotiations, mediation, arbitration and early neutral evaluation. Negotiations are where the Claimant and the Defendant discuss the ways in which they can attempt to resolve the issue. Mediation is where a mediator facilitates a discussion between the Claimant and the Defendant to resolve the dispute. Mediation is not legally binding and is confidential. Arbitration is where an arbitrator decides on how the dispute should be resolved after hearing submissions from the Claimant and the Defendant. Early neutral evaluation is where an independent and impartial evaluator gives an assessment of the strengths and weaknesses of the Claimant and the Defendant’s case. The Claimant and Defendant can use this assessment to decide on how they are going to resolve the dispute. If the Claimant invites the Defendant for alternative dispute resolution, the Defendant should not refuse the invitation without reasonable excuse.

Can the response to the pre-action notice be used as evidence in court?

The pre-action notice and the response to the pre-action notice can both be used as evidence at court.

Can pre-action costs be recovered?

Costs that arise while completing the steps within the Pre-Action Conduct and Protocol cannot be recovered in the proceedings. Costs that arise once the claim is commenced at court are recoverable.

Is responding to the pre-action notice a legal requirement?

Responding to a pre-action is a legal requirement as it is part of the Pre-Action Conduct and Protocol. If the Pre-Action Conduct and Protocol is not followed, the court may order for costs against the Defendant. The court can also stay the proceedings and require the Defendant to respond to the pre-action notice.

Does the Defendant need to disclose their documents to the other party?

The Defendant should communicate with the Claimant with the intention of resolving the dispute. If this requires the Defendant and Claimant to disclose documents and information with each other, they must do so. The Defendant does not need to disclose any documents that are not relevant to the dispute.

What form should be used to notify change of legal representative?

The party should use Form N434 to notify the change of legal representative. The form can be found on the government website.

Does the party need to notify the change of legal representative to the court?

The party must notify the court using Form N434 if they change their solicitor, appoint a solicitor to act for them having conducted the claim as a litigant in person or acting as a litigant in person after having conducted the claim by the solicitor.

Does the party need to notify the change of legal representative to the other party?

The party will need to notify every other party to the claim that their legal representative has changed. They can notify by serving the notice they file at court.

What should be included in the notice form?

The notice form should have the court, the claim number for the case, the names of the Claimants and Defendants, the new legal representative and their address and contact details.

How can the address of service be changed from the former legal representative to the new legal representative?

If the party’s address for service was their former legal representative, the party must file and serve a notice to change the address of service. If a notice has not been filed or served, the former legal representative will be considered to be the party’s legal representative.

Can another party remove a legal representative?

Another party can apply for the removal of a solicitor who has ceased to act. This will be in circumstances where the solicitor has died, has become bankrupt, has ceased to practice or cannot be found and the application is not a notice for a change of solicitor or notice of intention to act in person. The other party must notify the party who was being represented by the legal representative.

Can a solicitor apply to stop acting for a party?

A solicitor can apply for an order declaring that they have ceased to be the solicitor for the party. A notice of the application must be given to the party they were representing. The application must be supported by evidence.

What application should another party use to remove a legal representative?

The other party should use Form N244 Application Notice CPR Part 23 to apply for the legal representative to be removed. The application form can be found on the government website.

Does a certificate of service need to be filed?

If the court makes an order on the application from solicitor to stop acting for a party to an application by another party to remove a solicitor and if the order is not served by the court, the person serving must file a certificate of service in the practice form N215. Form N215 can be found on the government website.

What is the procedure for changing your legal representative?

The party must file and serve a notice form stating that they wish to change their legal representative. The notice form should be accompanied with evidence. Once the notice has been served, the legal representative will be changed. If the solicitor is making an application or another is making an application to remove a solicitor, the court will make an order stating that they will no longer be acting for the party. The order must be served on the party and all other parties of the claim.

What are Civil Procedure Rules?

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

What are Practice Directions?

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

Are practice directions a legal requirement?

The Practice Directions are practical advice on how to interpret and follow the Civil Procedure Rules. It provides more guidance on how the rules could be followed.

What cases do the Practice Directions apply to?

Practice Directions apply to all civil cases and applications.

Do all the Civil Procedure Rules have a Practice Direction?

Not all Civil Procedure Rules are accompanied by a Practice Direction.

What is the purpose of the Practice Directions?

The purpose of the Practice Directions is to provide further guidance to parties on how they can follow the Civil Procedure Rules. It provides further information on any flexible Civil Procedure Rules. Like the Civil Procedure Rules, the underlying aim of the practice directions is to deal with cases fairly and efficiently.

Are the Civil Procedure Rules a legal requirement?

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

What are the consequences of not complying with Practice Directions?

If the non-compliance is also a non-compliance of Civil Procedure Rule, the court may apply sanctions or cost implications for not following the Civil Procedure Rules. If the non-compliance did not affect the case or delay it, the court may ignore the non-compliance. The non-compliance could also mean that the other party could get a judgment in default. A judgment in default can be set aside only if the other party has a reasonable excuse for defaulting.

What are the consequences of not complying with a Civil Procedure Rule?

If a party does not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders. The court could order against the party on costs at the final hearing. The other party could get a judgment in default if a party does not comply with the Civil Procedure Rules. The judgment can be set aside if the party has a reasonable excuse for defaulting.

Do the Practice Directions apply to all cases?

Practice Directions only apply to civil hearings. There are particular Practice Directions for specific types of cases. The specific types of cases are cases involving EU competition law, insolvency law, directors disqualification proceedings, civil recovery proceedings, application for a warrant under the Enterprise Act 2002, proceedings under enactments relating to equality, county court closures, solicitors’ negligence in right to buy cases and devolution issues. There are also specific Practice Directions relating to the Welsh language.

How can the Defendant respond to a claim?

The Defendant has three ways of responding to the claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant. The Defendant could also include a Counterclaim within their Defence. The Counterclaim will be a claim against the Claimant for money or other compensation.

Can the Defendant respond online?

The Defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

What form should the Defendant use to respond to the claim?

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The forms can be found on the government website.

How long does the Defendant have to respond to the claim?

The Defendant has 14 days from the date on which the Claimant served their Particulars of Claim to file and serve their Acknowledgement of Service or their Defence. If they file and serve an Acknowledgement of Service, they will have 14 days from the date of the Acknowledgement of Service to file their Defence. In total, the Defendant could have 28 days to file and serve their Defence.

Can the time for responding to a claim be extended?

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

What should be included in the Defence?

The Defence should contain which allegations they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

How should the Defendant respond to a claim with a medical report or a schedule of expenses and losses?

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

Can the Defendant not respond to the claim?

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

Can the Claimant reply to the Defence?

The Claimant can file and serve a reply to the Defence by filing the reply with the directions questionnaire and serving the reply on the other parties at the same time it is filed with the court. The Reply must be verified by a statement of truth.

What is the statement of truth?

A statement of truth confirms that the person who wrote the statement believes the facts stated within the document are true and accurate.


Court Enforcement



How long does the Defendant have to comply with a judgment?

The Defendant will have 14 days from the date of the court judgment to comply. If the judgment states another date by which the Defendant should comply with the order, the Defendant should comply before that date.

How can the Claimant obtain more information about the Defendant’s financial situation?

The Claimant can apply to the court for an order to make the Defendant attend court and provide information about their financial situation and assets. The Defendant will be examined by a senior court officer in a private room under oath. The Claimant and their representative will be able to attend and ask the Defendant questions. The Defendant should bring evidence of their financial situation such as their payslips when they attend court.

Can the Claimant take control of Defendant’s goods?

The Claimant can apply to the court for enforcement officers to take control over the Defendant’s goods. The goods will be sold and the proceeds will be used to pay the amount owed to the Claimant. Any amount that is in excess of what is owed to the Claimant will be paid back to the Defendant. If the amount owed is £5,000 or less, the Claimant can apply at the County Court. If the amount owed is at least £600, the Claimant can apply at the High Court.

What goods can enforcement officers take control of?

The enforcement officer will take control of any good that is not a necessity. Items or equipment for use personally by the Defendant in the Defendant’s employment, business, trade, profession, study or education that is worth up to £1,350 will not be taken. Clothing, bedding, furniture, household equipment and items as are reasonably necessary to satisfy the basic domestic needs of the Defendant and their household will not be taken. Any goods of the Defendant which are also premises and are occupied by the Defendant (or another person) as the Defendant’s (or another person’s) main home will not be taken.

What is an attachment of earnings order?

An attachment of earnings order will require the Defendant's employer to make periodic deduction to the Defendant's salary to pay back the amount owed to the Claimant. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the Defendant’s property. Charging orders can be made against the Defendant’s company shares. If the Defendant does not pay, the Claimant can apply for an order for the sale of the property. The Claimant can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the process for a third party debt order?

When the Claimant applies for a third party debt order, the court will make an interim third party order. This order will prevent the third party from paying the Defendant or require the bank holding money for the Defendant to freeze the Defendant's account until the final order. The final hearing will usually take place 28 days after the interim third party debt order. At the final hearing, the court will hear submission from the Claimant and the Defendant and decide on whether to make a final order or discharge the interim order.

What is the process for a charging order?

When the Claimant applies for a charging order, the court will make an interim order. The interim order will prevent the Defendant from selling their property before the final order. Usually within 21 days of the interim order, a final hearing takes place. After hearing the submissions from the Claimant and the Defendant, the court can make a final order or discharge the interim order.

What is the process for an attachment of earnings order?

When the Claimant makes an application for an attachment of earning orders, the court will serve the completed application and a financial questionnaire on the Defendant. The Defendant should complete and file the financial questionnaire. The court will use the information in the financial questionnaire to decide how much the Defendant will pay. If the Defendant fails to provide the information, the court may make a committal order for contempt of court. The court will make an order and the deductions will be paid directly to the Claimant.

What is an insolvent debtor?

When a company or an individual becomes insolvent, it means they are unable to pay their debts.

What can the creditor do if the insolvent debtor enters an insolvency procedure?

If the insolvent debt enters an insolvency procedure such as bankruptcy, unless the creditor is a secured creditor, the debt will rank equally with all the other unsecured creditors. The trustee in bankruptcy will pay each unsecured creditor. This may mean that the creditor may only be able to recover a percentage of the debt. The creditor should contact the trustee in bankruptcy (or whoever is responsible for dealing with the debtor’s debts) and send them a copy of the judgment so that the creditor can be added to the list of unsecured creditors.

Can the creditor take control over the debtor’s asset or property?

If the debtor becomes bankrupt, the judgment cannot be enforced against the debtor’s assets or property. If the creditor issued execution against the goods or land of the debtor before the bankruptcy, the creditor will not be able to retain the benefit of the execution unless the execution was completed before the commencement of the bankruptcy.

Can the creditor continue to benefit from an attachment order?

If an attachment order has been obtained and the debtor later becomes bankrupt, the creditor cannot continue to receive the benefit from the attachment of the debt from another person and the attachment will not continue to take effect.

Can a creditor continue an enforcement proceedings once the debt enters liquidation?

If the debtor is a company and the company enters into liquidation, creditors are not allowed to commence or continue proceedings against the company without the permission of the court.

Can a creditor continue an enforcement proceedings once the debt enters administration?

If a company enters administration, any proceedings will be stayed and permission of the court will be required to commence or continue the proceedings.

What is a trustee in bankruptcy?

A trustee in bankruptcy is an insolvency practitioner who deals with the debtor’s remaining debts. The trustee in bankruptcy takes control of the debtor’s assets and goods and pays back the debtor’s creditors. If the debtor is a company that has entered into liquidation, the person responsible for dealing with the debts will be the liquidator. If the debtor is a company that has entered into administration, the person responsible for dealing with the debts will be the administrator.

How can a creditor enter a list of creditors when a debtor becomes insolvent?

If the debtor enters an insolvency procedure, the creditor can contact the trustee in bankruptcy, liquidator or administrator to inform them of the judgment. If a copy of the judgment is provided, the person dealing with the insolvency will be unlikely to dispute a judgment. The creditor will be added to the list of creditors to be paid in accordance with an order of priority.

Can the creditor recover what they are owed through the debtor’s insurance?

If the debtor has insurance covering the money owed to the creditor, the creditor can recover the money from the insurers.

Can the creditor apply to court to complete an execution or continue to benefit from an attachment order?

The court has discretion to set aside the rule that the creditor will not retain the benefit of any incomplete execution or attachment before the debtor is made bankrupt. The court will only exercise this discretion in exceptional circumstances. The court will take into account whether it is fair, the extent of the execution or attachment and the reasons for why the creditor made the application. The Claimant will have the burden of proof to show, on a balance of probabilities, why the judgment should continue to benefit the creditor.

Can a court judgment be enforced against the partners personally?

The claimant can enforce a judgment personally against partners who were partners at the time the cause of action arose provided that they are not limited partners.

How can the judgment against the partnership be enforced?

If the judgment was in the name of the partnership, a judgment or order made against the partnership may be enforced against any property of the partnership within England and Wales without the permission. The claimant can also enforce the judgment against the partners’ non-partnership/individual assets provided that the partner is not a limited partner.

When can the Claimant enforce a judgment against an individual partner?

A judgment can be enforced against an individual partner provided that they are not a limited partner and they were a partner at the time the cause of action arose. The Claimant can enforce the judgment if the partner acknowledged the service of the claim form as a partner, were served the claim form as a partner but failed to acknowledge service of the claim form, admitted they were partner of the firm at the material time when responding to the claim or were found by the court to have been partner of the firm at the material time.

Can a judgment be enforced against a limited partner?

The Claimant cannot enforce a judgment against a limited partner as they are only liable as part of the whole partnership. However, the Claimant can enforce the judgment against a limited partner if they acknowledged service of the claim form as a partner, was served the claim form within England and Wales as a partner or was served out of the jurisdiction with the claim form as a partner with the permission of the court.

Can a judgment be enforced against a member of the partnership?

A judgment cannot be enforced against a member of the partnership if they were ordinarily resident outside of England and Wales when the claim form was issued (without the permission of the court). The judgment can be enforced against them if the member acknowledged service of the claim form as a partner, was served the claim form within England and Wales as a partner, or was served out of the jurisdiction with the claim form as a partner with the permission of the court.

What can the Claimant do if the partnership has been dissolved?

If the partnership has been dissolved and the winding up of the partnership has taken place, there will not be any assets of the partnership which the Claimant can enforce the judgment against. The Claimant can, however, enforce the judgment against partners personally provided they were partners of the firm when the cause of action arose.

What can the Claimant do if they cannot enforce the judgment against the partnership or partners?

If the Claimant is unable to enforce the judgment against the partnership or against the partners personally, the Claimant should apply to the court of permission to enforce the judgment against the partners personally.

Are partners liable for court judgments?

Partners will be liable for court judgments. If the partners are limited partners, their liability will be limited to a particular proportion or amount. A limited liability partner can be liable if they acknowledged service of the claim form as a partner or was served the claim form.

Who is liable for debts in a limited liability partnership?

A limited liability partnership is an entity of its own separate from the partners. A judgment will therefore be enforced against the limited liability partnership as the separate entity rather than enforcing the judgment personally against the partners.

Who is liable for another partner’s misconduct or negligence?

The whole partnership will be liable for one partner’s misconduct or negligence. The judgment will be enforced against the partnership itself rather than the particular partner.

What are the different ways a court order can be enforced?

There are several ways in which the Claimant can enforce the order. If they require more information about the Defendant’s financial situation, they can apply to the court for an order to make the Defendant attend court and provide information about their financial situation. The Claimant can apply for the court to send enforcement agents to take control of the Defendant's goods. The Claimant can also apply for an attachment of earning order, charging order or a third party debt order.

How can the Claimant obtain information about the Defendant’s financial means?

The Claimant can apply to the court for an order to make the Defendant attend court and provide information about their financial situation and assets. The Defendant will be examined by a senior court officer in a private room under oath. The Claimant and their representative will be able to attend and ask the Defendant questions. The Defendant should bring evidence of their financial situation such as their payslips when they attend court.

Can the Claimant take control of Defendant’s goods?

The Claimant can apply to the court for enforcement officers to take control over the Defendant’s goods. The goods will be sold and the proceeds will be used to pay the amount owed to the Claimant. Any amount that is in excess of what is owed to the Claimant will be paid back to the Defendant. If the amount owed is £5,000 or less, the Claimant can apply at the County Court. If the amount owed is at least £600, the Claimant can apply at the High Court.

What goods will the enforcement officer take control of?

The enforcement officer will take control of any good that is not a necessity. Items or equipment for use personally by the Defendant in the Defendant’s employment, business, trade, profession, study or education that is worth up to £1,350 will not be taken. Clothing, bedding, furniture, household equipment and items as are reasonably necessary to satisfy the basic domestic needs of the Defendant and their household will not be taken. Any goods of the Defendant which are also premises and are occupied by the Defendant (or another person) as the Defendant’s (or another person’s) main home will not be taken.

What is the attachment of earnings?

An attachment of earnings order will require the Defendant's employer to make periodic deduction to the Defendant's salary to pay back the amount owed to the Claimant. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the Defendant’s property. Charging orders can be made against the Defendant’s company shares. If the Defendant does not pay, the Claimant can apply for an order for the sale of the property. The Claimant can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the process for a third party debt order?

When the Claimant applies for a third party debt order, the court will make an interim third party order. This order will prevent the third party from paying the Defendant or require the bank holding money for the Defendant to freeze the Defendant's account until the final order. The final hearing will usually take place 28 days after the interim third party debt order. At the final hearing, the court will hear submission from the Claimant and the Defendant and decide on whether to make a final order or discharge the interim order.

What is the process for a charging order?

When the Claimant applies for a charging order, the court will make an interim order. The interim order will prevent the Defendant from selling their property before the final order. Usually within 21 days of the interim order, a final hearing takes place. After hearing the submissions from the Claimant and the Defendant, the court can make a final order or discharge the interim order.

What should you do if you face hardship as a result of the third party debt order?

The Defendant can make an application using Form N244 Application Notice which can be found on the government website to request the court to make a hardship payment order. Along with the Form, the Defendant should provide copies of their wage slips, bank statements, mortgage account details, rent records and any other documents that will show the Defendant's financial means.

When can an individual complain about a bailiff?

The individual can complain against a bailiff if they harass, threaten, enter the property without a warrant, charge incorrect fees or take goods belonging to another person or take items they were not authorised to take such as essential domestic items.

Can an individual complain about a private bailiff?

The individual can complain about a private bailiff. The private bailiff may be a certified enforcement agent or a High Court enforcement officer. The individual can complain to the organisation that employs the bailiff.

Can an individual complain to the organisation the bailiff is working for?

The individual can complain to the person or organisation the bailiff is working for. The organisation may have a complaints handling procedure outlined on their website. Any complaints should follow this procedure.

Can an individual complain against a High Court enforcement officer?

The individual can complain against a High Court enforcement officer to a High Court judge. Complaints can be sent to Civil Enforcement Policy, Civil Law and Justice Division, Ministry of Justice, 102 Petty France, London, SW1H 9AJ.

How can an individual complaint request the court to consider whether the bailiff should continue to operate?

If the bailiff is a certified enforcement agent, the individual should complain to the court the bailiff is registered at. The complaint will request the court to consider whether the bailiff should continue to operate. If the bailiff is a High Court enforcement officer, the individual should complain to a High Court judge. The complaint can include a request for the court to consider whether the bailiff should continue to operate.

How can an individual complain against a County Court bailiff?

The individual can complain about a County Court bailiff to the court the bailiff came from using the Complain About a Court or Tribunal Form online. The form can be found on the government website.

Who is the governing body for bailiffs?

The trade body for private bailiff firms is the Civil Enforcement Association. The individual can make a complaint about a bailiff on the Civil Enforcement Association website if the bailiff’s firm is a member of the Civil Enforcement Association.

How can an individual resolve an issue with a bailiff?

The individual can complain to the creditor. The creditor can provide a warning to the bailiff to resolve the issue. The individual can go through the complaints procedure to resolve the issue by complaining to the organisation the bailiff works for.

What should be included in the complaint?

The individual should state who they are in the complaint. The complaint should identify who the bailiffs were. The complaint should provide an account on what the bailiff did wrong and say how the creditor should deal with the complaint.

Should the individual inform the creditor about the complaint?

The individual should send a copy of the complaint to the creditor and the bailiff. The creditor should attempt to resolve the complaint before the bailiffs take any other action on the individual’s debt.

What is a warrant of control?

A warrant of control will be issued by the court following an application from a Claimant. The warrant of control will allow them to send an enforcement agent to take control of the Defendant’s assets. The assets that have been taken will be sold and the proceeds from the sale will be used to repay the Claimant for the amount owed. The proceeds will also be used to pay the enforcement officers. Any remaining amount will be paid back to the Defendant.

What is the difference between writ and warrant of control?

A writ of control and a warrant of control is the same legal document in operation. A writ of control is issued by the High Court. A warrant of control is issued by the County Court.

How can the Claimant apply for a warrant of control?

If the judgment was for at least £600, the Claimant can make an application to the High Court using Form N293A. If the judgment was for £5,000 or less, the Claimant can make an application to the County Court using Form N323. The forms can be found on the Government website. Either court can enforce judgment between £600 to £5,000.

Does the Claimant need to notify the Defendant that they are making an application for a writ or warrant of the control?

The Claimant is not required to inform the Defendant that they are making an application. Once the writ or warrant of control has been issued, the enforcement agent/officer will provide notice to the Defendant.

What will be included in the notice of enforcement?

Once the writ or warrant of control has been issued, the enforcement officer will give notice of enforcement to the Defendant to inform them that a writ or warrant of control is issued against them. The notice will contain the name and address of the Defendant, the date of the notice, the details of the court judgment, the detail of the debt, how and when the Defendant can pay the outstanding sum of the debt, contact details of the enforcement officer and the date the payment should be made to prevent taking control of the goods.

Can the Defendant pay the amount owed after the warrant of control is issued?

Once the writ or warrant of control has been issued, the enforcement officer will give notice of enforcement to the Defendant to inform them of the writ or warrant of control. Within the notice of enforcement, a date when payment should be made to prevent taking control of the goods will be stated. The Defendant should contact the Claimant to arrange repayment. The Defendant can pay the whole amount altogether or make an arrangement for the payment.

What goods can be taken by the enforcement officer?

The enforcement officer will take control of any good that is not a necessity. Items or equipment for use personally by the Defendant in the Defendant’s employment, business, trade, profession, study or education that is worth up to £1,350 will not be taken. Clothing, bedding, furniture, household equipment and items as are reasonably necessary to satisfy the basic domestic needs of the Defendant and their household will not be taken. Any goods of the Defendant which are also premises and are occupied by the Defendant (or another person) as the Defendant’s (or another person’s) main home will not be taken.

What is the process for warrant of control?

Once the writ or warrant of control has been, the enforcement officer will give a notice of enforcement to the Defendant. The Defendant will have some time to pay back the amount owed to the Claimant. Once this time expires, the goods will be taken control of by the enforcement agent within a prescribed period of hours during the day usually between 6am to 9pm. The court order may, however, order that the enforcement officers may take control of the goods outside those hours. The goods will be sold at a public auction. The proceeds will be used to pay the Claimant and any costs incurred when the goods were taken control of and sold.

How can the Claimant get more information on the asset the Defendant has?

The Claimant can apply to the court for an order to make the Defendant attach court and provide information about their financial situation and assets. The examination will be conducted by a senior court officer in a private room. The Defendant will be examined under oath. The Claimant and the Claimant's legal representative can attend the examination and ask questions to the Defendant. This will give the Claimant on the assets the Defendant possess and whether it will be enough to pay the amount owed to them.

What is a controlled good agreement?

A controlled good agreement is whether the enforcement officer and the Defendant agree terms for repayment by the Defendant of the outstanding sum under the order of the court.

How long does the Defendant have to comply with the court judgment/ order?

The Defendant will have 14 days to comply with the court judgment unless the court judgment specifies another by which the Defendant must comply with the court judgment.

How can the Claimant get information about the Defendant’s financial situation?

The Claimant can apply to the court for an order to make the Defendant attend court and provide information about their financial situation and assets. The Defendant will be examined by a senior court officer in a private room under oath. The Claimant and their representative will be able to attend and ask the Defendant questions. The Defendant should bring evidence of their financial situation such as their payslips when they attend court.

How can the Claimant apply for the court to send enforcement officers to take control of the Defendant’s goods?

The Claimant can apply to the court for enforcement officers to take control over the Defendant’s goods. The goods will be sold and the proceeds will be used to pay the amount owed to the Claimant. Any amount that is in excess of what is owed to the Claimant will be paid back to the Defendant. If the amount owed is £5,000 or less, the Claimant can apply at the County Court. If the amount owed is at least £600, the Claimant can apply at the High Court.

What goods can the enforcement officers can take control of?

The enforcement officer will take control of any good that is not a necessity. Items or equipment for use personally by the Defendant in the Defendant’s employment, business, trade, profession, study or education that is worth up to £1,350 will not be taken. Clothing, bedding, furniture, household equipment and items as are reasonably necessary to satisfy the basic domestic needs of the Defendant and their household will not be taken. Any goods of the Defendant which are also premises and are occupied by the Defendant (or another person) as the Defendant’s (or another person’s) main home will not be taken.

What is an attachment of earnings order?

An attachment of earnings order will require the Defendant's employer to make periodic deduction to the Defendant's salary to pay back the amount owed to the Claimant. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the Defendant’s property. Charging orders can be made against the Defendant’s company shares. If the Defendant does not pay, the Claimant can apply for an order for the sale of the property. The Claimant can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What must be included within an application for committal?

In brief, the application for committal should state the title and reference number of the claim. The committal application should state the full name of the Applicant and if the Applicant is not a party to the claim, the address of the applicant. The application should state that the Applicant is seeking an order for committal. The applicant should set out in full the grounds why the committal application is being made. The application should identify each alleged contempt of court including the dates of each alleged act. The application must be supported by one or more affidavits (a written statement confirmed by oath or affirmation for use as evidence in court) containing all the evidence relied on.

How can a Claimant make an application for committal?

If the Respondent does not comply with the court judgment or does not comply with any enforcement orders made by the court, the Applicant can file an application notice and written evidence in support of the application to the court that made the order. The application notice and the written evidence must be personally served on the Respondent. When the court receives the application, the court will notify the Applicant and the Respondent the time and date for the hearing for the application. At the hearing the court will make an order.

What is the consequence for not complying with a court order?

If the Defendant does not comply with a court judgment or order, they will be in contempt of court. The consequences of being in contempt of court could be a fine, confiscation of assets, imprisonment for a maximum of 2 years and other punishable orders by the court.

Who can enforce court judgments?

Court judgments can be enforced by the court. The High Court can enforce decisions through enforcement officers and certified enforcement agents. A High Court enforcement officer is authorised to enforce High court writ. The enforcement officer will make a charge for their fees and expenses. County bailiffs are authorised to enforce County court warrants and are directly employed by the County Court. Another way in which warrants and court judgments can be enforced is through the Court Enforcement Service. Court Enforcement Services is a private company that is authorised to collect debt owed to their clients.

What is a writ/warrant of control?

A warrant of control will be issued by the court following an application from a Claimant. The warrant of control will allow them to send an enforcement agent to take control of the Defendant’s assets. The assets that have been taken will be sold and the proceeds from the sale will be used to repay the Claimant for the amount owed. The proceeds will also be used to pay the enforcement officers. Any remaining amount will be paid back to the Defendant.

Is the Court Enforcement Services a private company?

The Court Enforcement Services is a private company that is authorised to collect debt owed to their clients.

Where should the Claimant make an application for the court to issue a writ/warrant of control?

Where the Claimant should make an application will depend on how much money is owed to the Claimant. The Claimant should make an application to the County Court if they are owed £5,000 or less. The Claimant should make an application to the High Court if they are owed at least £600. High Court and County Court can both enforce judgments between £600 to £5,000.

What is the process for a writ/warrant of control?

Once the writ or warrant of control has been, the enforcement officer will give a notice of enforcement to the Defendant. The Defendant will have some time to pay back the amount owed to the Claimant. Once this time expires, the goods will be taken control of by the enforcement agent within a prescribed period of hours during the day usually between 6am to 9pm. The court order may, however, order that the enforcement officers may take control of the goods outside those hours. The goods will be sold at a public auction. The proceeds will be used to pay the Claimant and any costs incurred when the goods were taken control of and sold.

What goods will be taken control of?

The enforcement agents cannot take control of any equipment that is used by the Defendant personally in the Defendant's employment, business, trade, profession, study or education that is valued up to £1,350. They also cannot take clothing, bedding, furniture, household equipment and items that are necessary to satisfy the basic domestic needs of the Defendant and their household. The enforcement agents cannot take any goods which are also premises and are occupied by the Defendant or another person as their main home. Any goods that do fall within what they cannot take can be taken control of.

How can the Claimant get more information about Defendant’s assets?

The Claimant can apply to the court for an order to make the Defendant attend court and provide information about their financial situation and assets. The Defendant will be examined by a senior court officer in a private room under oath. The Claimant and their representative will be able to attend and ask the Defendant questions. The Defendant should bring evidence of their financial situation such as their payslips when they attend court.

What will be included in a notice of enforcement?

Once the writ or warrant of control has been issued, the enforcement officer will give notice of enforcement to the Defendant to inform them that a writ or warrant of control is issued against them. The notice will contain the name and address of the Defendant, the date of the notice, the details of the court judgment, the detail of the debt, how and when the Defendant can pay the outstanding sum of the debt, contact details of the enforcement officer and the date the payment should be made to prevent taking control of the goods.

How can the goods be taken control of by the enforcement officer?

There are a number of different ways an enforcement officer can take control over goods. These include securing the goods on the premises or on a highway, removing the goods and storing them elsewhere, or entering into a controlled goods agreement. A controlled goods agreement is where the enforcement officer and the Defendant agree terms for the repayment of the outstanding sum under the order of the court.

What are the consequences if a Defendant does not attend for questioning?

If the Defendant does not attend, the matter will be referred to the judge who will usually make a committal order for contempt of court, sentencing the Defendant to prison. The sentence will, however, be suspended provided that the Defendant turns up to another appointment.

What is the attachment of earnings order?

An attachment of earnings order will require the debtor's employer to make periodic deductions to the debtor's salary to pay back the amount owed to the creditor. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

When will the court make an attachment of earnings order?

The court will make an attachment of earnings order if the employer is identifiable. No attachment of earnings can be made if the debt owed is less than £50 or the amount remaining payable under the judgment is less than £50. An attachment of earnings order cannot be made against a Defendant who is unemployed, self-employed, a firm or company, in the armed forces or a merchant seaman.

What will be included in the term salary?

The salary will include the wages the debtor receives from their employer, occupational pension and statutory sick pay. The salary will not include state pensions or self-employed income.

Can an attachment of earnings order be made against a company?

An attachment of earnings order cannot be made against a company.

What will an attachment of earnings order include?

An attachment of earnings order will state how much the debtor owes, whether the order is a priority order, how much the employer has to take from the debtor’s wages, the minimum amount they still have to take home referred to as the protected earnings rate and how often the payments have to be made.

What should be included in the attachment of earnings order application form?

The application form should include a certificate of the amount of money remaining due under the judgment or order and be supported by a witness statement or affidavit (a written statement confirmed by oath or affirmation).

What is a financial questionnaire?

When a creditor makes an application for an attachment of earnings order, the debtor will be served with the application form, any witness statement or affidavits and a financial questionnaire. The debtor must provide information about their financial circumstances within the financial questionnaire. The debtor will need to provide information on their employer and their wages. The financial questionnaire will be used by the court to decide how much the debtor will pay.

What is the process for obtaining an attachment of earnings order?

When the creditor makes an application for an attachment of earning orders, the court will serve the completed application and a financial questionnaire on the debtor. The debtor should complete and file the financial questionnaire. The court will use the information in the financial questionnaire to decide how much the debtor will pay. If the debtor fails to provide the information, the court may make a committal order for contempt of court. The court will make an order and the deductions will be paid directly to the creditor.

Can an attachment of earnings order be amended after it has been made?

The debtor can make an application to the court to reconsider the order. The debtor must make an application to reconsider within 14 days of service of the order by the court or the creditor.

What is the consequence for not complying with the attachment of earnings order?

If the court orders the debtor to make a payment to the creditor and if the debtor fails to make that payment, the court officer may issue an order directing that any further payment be made into the court rather than to the creditor. If the debtor fails to make payment into court, the court officer must transfer the application to the debtor’s home court. Upon receipt of the application transferred, the court officer must issue a notice calling on the debtor to show good reason why they should not be imprisoned.

How can a Claimant transfer a County Court judgment to the High Court?

A Claimant can transfer a judgment to the High Court in order to enforce the judgment through a writ of control. The Claimant should request a certificate of judgment from the County Court and fill in Form N293A to make an application to the High Court. Form N293A can be found on the government website. The certificate of judgment will transfer the proceedings from the County Court to the High Court.

When will the County Court transfer a judgment to the High Court?

The County Court will transfer a judgment on application unless there is an application for a variation in the date or rate of payment of money due under the judgment or order. The proceedings will not be transferred if there is a pending application to set aside or vary the judgment, a request for an administration order or an application for stay of execution.

How can the Claimant apply to the court to send enforcement agents to take control of the Defendant’s goods?

The Claimant can apply using the Form N323 to apply at a County Court if the Defendant owes £5,000 or less. The Claimant can apply using the Form N293A to apply at the High Court if the Defendant owes at least £600. The Claimant can apply to the High Court or the County Court if they are owed between £600 to £5,000.

How can the Claimant get a certificate of judgment?

The Claimant can request for a certificate of judgment at the court that made the judgment. The Claimant will be provided with the certificate of judgment which will state the judgment made by the court.

Which court can enforce judgment by taking control of the Defendant’s goods?

If the judgment was for less than £600, the judgment will be transferred to the County Court. If the judgment is for £5,000 or more, it will be transferred to the High Court. Either court can enforce judgments between £600 to £5,000. Judgments above £600 can only be transferred to the High Court for enforcement against goods.

What goods can the enforcement officers take control of?

The enforcement officer will take control of any good that is not a necessity. Items or equipment for use personally by the Defendant in the Defendant’s employment, business, trade, profession, study or education that is worth up to £1,350 will not be taken. Clothing, bedding, furniture, household equipment and items as are reasonably necessary to satisfy the basic domestic needs of the Defendant and their household will not be taken. Any goods of the Defendant which are also premises and are occupied by the Defendant (or another person) as the Defendant’s (or another person’s) main home will not be taken.

What is the warrant of control?

A warrant of control will be issued by the court following an application from a Claimant. The warrant of control will allow them to send an enforcement agent to take control of the Defendant’s assets. The assets that have been taken will be sold and the proceeds from the sale will be used to repay the Claimant for the amount owed. The proceeds will also be used to pay the enforcement officers. Any remaining amount will be paid back to the Defendant.

Can the Defendant pay what they are owed after a warrant of control is issued?

Once the warrant of control is issued, the enforcement officer will serve a notice of enforcement on the Defendant. The Defendant will have some time before they enforce the warrant. The Defendant can repay the Claimant in full or make a payment arrangement with the Claimant to prevent the enforcement officer taking control of their goods.

Does the Claimant need to notify to the Defendant about the application?

The Claimant does not need to notify the Defendant that they are making an application to the court for a warrant of control to be issued. Once the warrant of control has been issued, the enforcement officer will notify the Defendant of the warrant of control.

What is the difference between writ of control and warrant of control?

A writ of control and a warrant of control is the same legal document in operation. A writ of control is issued by the High Court. A warrant of control is issued by the County Court.

Can an English judgment be enforced in Scotland and Northern Ireland?

In order to enforce a court judgment in Scotland and Northern Ireland, the Claimant must apply for a certified copy of the judgment at the English court that provided the judgment and apply to the foreign court to register the English judgment. This procedure applies to all civil proceedings except proceedings relating to insolvency, title to administer estates, status and capacity.

Can an English judgment be enforced in an EU member state?

If the proceedings were instituted before 31 December 2020, the court judgment might be enforceable in EU member states under the European enforcement regime. The regime applies to all civil and commercial proceedings including money and non-money matters such as injunctions. It does not apply to proceedings relating to revenue, customs, administrative, personal status, matrimonial, wills, succession, insolvency and arbitration. If the proceedings were instituted on or after 1 January 2021, the European enforcement regime will not apply and if the country the Claimant is seeking to enforce the judgment in is not a signatory to the Hague Convention of Choice of Court Agreement, the Claimant may need to begin new legal proceedings in that country to enforce the decision.

What is the effect of Brexit on enforcing a English judgment in an EU member state?

The European Union regime for enforcing judgments will not apply to any judgment instituted on or after 1 January 2021. If the EU member state is a signatory to the Hague Convention of Choice of Court Agreement, the Claimant can enforce the judgment in that country. The party seeking to enforce the judgment must provide a certified copy of the judgment, the exclusive choice of court agreement documents that provide proof of enforceability in English courts. The Hague Convention of Choice of Court Agreement will not apply to any judgment that was instituted on or before 31 December 2020.

What is the European Union regime?

Before exiting the European Union, English judgments were enforceable in the EU through the Recast Brussels Regulation, 2001 Brussels Regulation and Brussels Convention. The Recast Brussels Regulation allowed English judgments to be enforceable in the EU member states if the proceedings were instituted after 10 January 2015 but before 31 December 2020. The person intending to enforce the judgment must obtain a certificate certifying the judgment is enforceable and provide details of the judgment and information about interest and costs. The judgment must be served on the Defendant/debtor with the certificate. 2001 Brussels Regulation allows English judgment to be enforceable in EU member states if proceedings were instituted after 10 January 2015 but before 31 December 2020. An application must be made to the enforcing state for declaration of enforceability. The application must include an authenticated copy of the judgment and a certificate from the English court. The Brussel Convention applied until 31 December 2020 and related to certain dependent territories of EU member states.

When did the European Union regime stop applying to English judgments?

The European Union regime stopped applying to English judgments on 31 December 2020 so any judgment instituted on or after 1 January 2021 will not fall within the European Union regime.

Can English judgments still be enforced in Iceland, Norway and Switzerland?

Before exiting the European Union, England judgments were enforceable in three EFTA states (Iceland, Norway and Switzerland) through the 2007 Lugano convention. This convention applied to enforcement of English judgment in Norway where the proceedings were instituted before 31 December 2020. The UK has not entered into an agreement with Iceland and Switzerland on the enforceability of judgments instituted before 31 December 2020. An application must be made to the enforcing state for a declaration of enforceability. The application must include an authenticated copy of the judgment and a certificate from the English court.

What is a declaration of enforceability?

A declaration of enforceability will declare that an English judgment will be enforceable in the country the Claimant has applied to enforce the judgment. The declaration will allow the Claimant to use the enforcement methods available in the country to enforce the judgment.

What is the Hague Convention of Choice of Court Agreement?

The Hague Convention of Choice of Court Agreement is a convention that the UK became signatory to on 31 December 2020. The convention allows Claimants to enforce an English judgment in a signatory country. The convention starts applying after 31 December 2020 so any judgments instituted before that will not be enforceable under this convention. The party seeking enforcement must provide a certified copy of the judgment, the exclusive choice of court agreement and documents that provide proof of enforceability in English courts.

What is the procedure for enforcing an English judgment in Scotland and Northern Ireland?

The procedure requires the Claimant to apply for a certified copy of the judgment to the English court that provided the judgment and apply to the foreign court to register the English judgment. This will allow the English judgment to be enforceable in Scotland and Northern Ireland. The procedure applies to all civil proceedings except proceedings relating to insolvency, title to administer estates, status and capacity.

How can an English judgment be enforced in a court that is not in the EU or Scotland and Northern Ireland?

If the country is not signatory to the Hague Convention of Choice of Court Agreement and does not have an agreement with the UK, direct enforcement will not be possible. The law of that country will apply so new legal proceedings may need to be commenced in order to enforce the judgment.

How long does the Defendant have to comply with the judgment?

The Defendant will have 14 days to comply with the court judgment unless the court judgment specifies another date by which the Defendant must comply with the court judgment.

How can the Claimant obtain more information about the Defendant's financial situation?

The Claimant can apply to the court for an order to make the Defendant attend court and provide information about their financial situation and assets. The Defendant will be examined by a senior court officer in a private room under oath. The Claimant and their representative will be able to attend and ask the Defendant questions. The Defendant should bring evidence of their financial situation such as their payslips when they attend court.

Can the Claimant apply to court to take control of the Defendant's goods?

The Claimant can apply to the court for enforcement officers to take control over the Defendant’s goods. The goods will be sold and the proceeds will be used to pay the amount owed to the Claimant. Any amount that is in excess of what is owed to the Claimant will be paid back to the Defendant. If the amount owed is £5,000 or less, the Claimant can apply at the County Court. If the amount owed is at least £600, the Claimant can apply at the High Court.

What goods will the enforcement agents take control of?

The enforcement agents cannot take control of any equipment that is used by the Defendant personally in the Defendant's employment, business, trade, profession, study or education that is valued up to £1,350. They also cannot take clothing, bedding, furniture, household equipment and items that are necessary to satisfy the basic domestic needs of the Defendant and their household. The enforcement agents cannot take any goods which are also premises and are occupied by the Defendant or another person as their main home. Any goods that do fall within what they cannot take can be taken control of.

What is an attachment of earnings?

An attachment of earnings order will require the Defendant's employer to make periodic deduction to the Defendant's salary to pay back the amount owed to the Claimant. The salary will include occupational pensions and statutory sick pay but will not include state pensions or self employed income.

What a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the Defendant’s property. Charging orders can be made against the Defendant’s company shares. If the Defendant does not pay, the Claimant can apply for an order for the sale of the property. The Claimant can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the consequence of not following an order?

If a Defendant does not comply with a court order, they will be in contempt of court. The consequences of being in contempt of court could be a fine, confiscations of assets, imprisonment for a maximum of 2 years or any other punishable orders by the court.

What is a penal notice?

A penal notice is a warning notice that noncompliance to the order may be punishable by imprisonment, a fine, confiscation of assets or other punishments. If the Defendant does not comply with the order, the Claimant can make an application to the court to commit them into prison.

What should be included in the committal application notice?

The committal application must contain the title and the reference number of the claim, the full name of the Applicant if the Applicant is not party to the claim and their address, state that Applicant is seeking for an order for committal, the grounds for why the committal application is made and identify the alleged actions which were in contempt of court. The application must be supported by one or more affidavits (a written statement confirmed by oath or affirmation for use as evidence in court).


Third Party Debt Order



What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the process for a third party debt order?

When the Claimant applies for a third party debt order, the court will make an interim third party order. This order will prevent the third party from paying the Defendant or require the bank holding money for the Defendant to freeze the Defendant's account until the final order. The final hearing will usually take place 28 days after the interim third party debt order. At the final hearing, the court will hear submission from the Claimant and the Defendant and decide on whether to make a final order or discharge the interim order.

Who could be a third party in a third party debt order?

The third party is the person, organisation or institution such as a bank or a building society that is holding the Defendant's money.

What should the third party do when it receives an interim third party debt order?

Where the third party is a bank or building society, they must investigate and identify any and all accounts held solely by the debtor within seven days. For all identified accounts, the bank or building society must notify the creditor and the court details on the accounts. The third party must then freeze the debtor’s account(s) until the final judgment has been made at the hearing. If the third party is not a bank or building society, on receiving the interim third party debt order, the third party must notify the creditor and the court if the third party claims they do not owe the debtor any money or if the third party admits they owe the debtor money but that it is less than the amount claimed in the order.

Can the third party object to an application for a final third party debt order?

The third party can object to a creditor’s application for a final third party debt order. The third party can apply to object to the order by filing the written evidence with the relevant court at least three days before the hearing is to take place. The creditor will receive copies of the written evidence from the debtor. If the third party raises any objections to the creditor’s application, they are expected to attend the hearing. The court will consider the written evidence before making the final order.

What should the third party do when it receives a final third party debt order?

On receiving the final third party debt order, the third party must pay the creditor the judgment debt and costs as well as the costs for making application. Where there are insufficient funds in the debtor's frozen account, the costs of making the application will be paid out first and the rest of the judgment debt will be outstanding. The court cannot make an order requiring the third party to pay more than the amount originally frozen when the interim third party debt order was served.

What should the third party do if it receives a hardship payment order?

On receiving the hardship payment order, the third party must release some of the money that has previously been frozen under the interim third party debt order to either the debtor or another named person. The third party cannot release any money from the frozen funds at the request of the debtor. If they do, they will be in violation of the interim third party debt order.

Can the third party charge for investigating the Defendant’s account?

The third party may charge the creditor for conducting the search. Any charges will be deducted from the amount owed to the creditor.

What information should the third party provide to the court and creditor on receiving the interim third party debt order?

The third party must notify the creditor and the court details of the account number (for each account), whether the account is in credit, whether the balance of the debtor’s account(s) is sufficient to cover the amount claimed by the creditor and whether the third party is entitled to retain some of the credit balance (usually as a secured creditor) to offset debit balances or other debts owed to them by the debtor. Where there is insufficient funds, the third party must provide the balance of the account when the interim is served.

What should a third party who is not a bank or building society do if they receive an interim third party debt order?

On receiving the interim third party debt order, the third party must notify the creditor and the court if the third party claims they do not owe the debor any money or if the third party admits they owe the debtor money but that it is less than the amount claimed in the order. They must hold on to the money owed and not release it to the debtor until the final third party debt order is made. The money must, then, be released to the creditor.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What must the third party do when it receives the interim third party debt order?

Where the third party is a bank or building society, they must investigate and identify any and all accounts held solely by the debtor within seven days. For all identified accounts, the bank or building society must notify the creditor and the court details on the accounts. The third party must then freeze the debtor’s account(s) until the final judgment has been made at the hearing. If the third party is not a bank or building society, on receiving the interim third party debt order, the third party must notify the creditor and the court if the third party claims they do not owe the debtor any money or if the third party admits they owe the debtor money but that it is less than the amount claimed in the order.

What is the consequence of a third party failing to comply with the final third party debt order?

If the third party fails to pay the creditor the amount ordered by the court, whether it be all or part of any instalments due, the creditor can bring enforcement proceedings against the third party to enforce the payment under the order. The creditor can ask the court to collect the payment from the third party owing the debt. The creditor must pay the court a fee when asking them to collect payment. The creditor can ask the court to issue a warrant of control and to send bailiffs to collect the money owed.

Can the creditor apply for a warrant of control against the third party for failing to comply with the final order?

The creditor can apply for the court to issue a warrant of control if the third party fails to comply with the final order. The warrant of control will allow the bailiffs to collect and take control of the third party’s assets that can be sold to pay the debt.

Can the third party pay once the creditor has applied for a third party debt order?

Before the bailiffs collect the third party’s assets, they will give the third party some time to comply with the order. If the third party complies with the order by paying the creditor, the bailiff will not take control of their goods. Before taking control of the goods, the bailiffs will also request the third party to make the payment, the third party can make their payment to the bailiffs before they take control over the goods.

Can the third party request for the warrant of control to be suspended?

The third party can pay a fee and request the warrant of control to be suspended. The creditor will receive a copy of the third party’s application to suspend the warrant from the court. The creditor can reply to the request by accepting the offer of payment, disputing the payment offered by the third party or disagreeing with the warrant being suspended.

When does the warrant of control expire?

The warrant of control will expire after one year. If the third party still has not paid the debt, the creditor can ask the court to extend the warrant.

What can the creditor do if it receives a request from the third party for the warrant of control to be suspended?

The creditor must reply to the application using Form N246A which can be found on the government website. The creditor can accept the third party’s offer of payment and agree to suspend the warrant, dispute the amount offered by the third party but agree to suspend #the warrant or disagree with the warrant being suspended and ask for the court to continue with enforcement proceedings.

What is the smallest amount the creditor can request the enforcement agent to collect when applying at the County court?

When applying to the County court the smallest amount a creditor can request the enforcement agent to collect is either one monthly instalment, four weekly instalments or £50 whichever is the highest value of the three.

What applications should the creditor use to apply for a warrant of control?

If the creditor is owed £5,000 or less, they can apply to the County court for enforcement using Form N323. If the creditor is owed at least £600, they can apply to the High Court for enforcement using Form N293A. The forms can be found on the government website.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

When should a creditor apply for a third party debt order?

Once a creditor has obtained a judgment in their favour, they can make an application for a third party debt order to the courts. An application for an order will only be considered if the debtor has failed to pay the amount of the judgment by the payment deadline or the debtor has failed to pay one or more of the instalments of the judgment by their respective deadlines.

How can a creditor apply for a third party debt order?

To apply for a third party debt order, the creditor must complete Form N349: Application for a Third Party Debt Order. Form 349 can be found on the government website. If the creditor's claim is for money and is issued by either the County Court Money Claims Centre or the County court Business Centre, the completed N349 form should be submitted to the court which is local to the debtor’s home address.

What should be included in a third party debt order application?

The creditor will need to include the debtor’s name and address, the total amount of the judgment, the third party’s name and address (which must in England and and Wales), any other creditor with an interest in the same money from the debtor and any other third party debt order applications made relating to the same judgment. IF the third party is a bank or building society, the name and address provided should be that of the institution’s Head Office. If the creditor has access to the name of the bank where the account is held, the branch address and the sort code should be provided on the application.

Does the creditor need to pay a fee for making a third party debt order application?

The creditor will need to pay a fee to the court when submitting form N349. The fees should be made by cheque or postal order with any cheques being made out to HM Courts & Tribunal Services. The applicable court fee can be found on the government website. In certain circumstances the creditor may not have to pay a fee due to their financial situation. The creditor can make a separate application to dispense with the fees for every fee that needs to be paid.

Once the account has been frozen, will any amount received into the account afterwards also be frozen?

Only the money that is in the debtor’s account on the day the third party receives the interim debt order will be frozen. If the debtor has only a small amount of money in their account when it is frozen but later receives a substantial payment several days later, the creditor will only be able to seize the small amount initially in the account.

What is the court process for a third party debt order?

Once the creditor has submitted their application to the relevant court, it will be referred to a judge. The judge will make an interim third party debt order if they are satisfied with the information provided in the application form. The judge will send the interim third party debt order. The third party must then investigate the debtor’s account and freeze the account until the court makes a final order. Usually 28 days after the interim third party debt order is made, the court will hear submissions from the creditor and the debtor and make a final order either discharging the interim order or making a final third party debt order.

Can the third party object to the third party debt order?

The third party can object to a creditor’s application for a final third party debt order by filing written evidence with the relevant court at least 3 days before the hearing is to take place. The creditor and the debtor will receive the written evidence. The third party must attend the hearing to raise their objections.

What should the third party do when it receives the interim third party debt order?

Where the third party is a bank or building society, they must investigate and identify any and all accounts held solely by the debtor within seven days. For all identified accounts, the bank or building society must notify the creditor and the court details on the accounts. The third party must then freeze the debtor’s account(s) until the final judgment has been made at the hearing. If the third party is not a bank or building society, on receiving the interim third party debt order, the third party must notify the creditor and the court if the third party claims they do not owe the debtor any money or if the third party admits they owe the debtor money but that it is less than the amount claimed in the order.

What should the third party do when it receives the final third party debt order?

On receiving the final third party debt order, the third party must pay the creditor the judgment debt and costs as well as the costs for making application. Where there are insufficient funds in the debtor's frozen account, the costs of making the application will be paid out first and the rest of the judgment debt will be outstanding. The court cannot make an order requiring the third party to pay more than the amount originally frozen when the interim third party debt order was served.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the difference between appealing the order and applying for the order to be set aside?

An appeal would be heard by a judge in a higher court than the court which awarded the final third party debt order. The judge will make a judgment on whether the debtor can demonstrate that the lower court judge’s exercise of discretion was wrong in principle. An application to set aside a final third party debt order will be heard by the court which made the final order. The court will set the final order aside if the debtor can demonstrate good ground for setting aside the order. It will be easier for the debtor to succeed on an application to set aside the final order as the debtor will not need to demonstrate that the lower court judge’s exercise of discretion was wrong in principle. The debtor will merely need to demonstrate procedural mistakes or the debtor not being present during the hearing to set the final third party debt order aside.

In what circumstances can the debtor succeed when appealing a final third party debt order?

The debtor can only succeed when appealing a final third party debt order if the debtor can demonstrate that the lower court judge’s exercise of discretion was wrong in principle.

What will happen when the debtor appeals the final third party debt order?

If a debtor appeals the order, the appeal will be heard by a judge in a higher court than the court which awarded the final third party debt order. The higher court will decide whether the final order should not have been made in principle. The higher court will then make a judgment either allowing or rejecting the appeal.

Under what circumstances will a final third party debt order be set aside?

If the debtor is able to demonstrate that there are good grounds for the order to be set aside, the court will set the order aside. The debtor was not present at the hearing, new information has become available that means the order or its terms are no longer justified or the interim third party debt order and details of the hearing was not served correctly could all be reasonable grounds for the order to be set aside.

How can the debtor apply for the final third party debt order to be set aside?

The debtor can apply to the court to have the order set aside using Form N244: Application Notice which can be found on the government website. The debtor must state the ground for why the order should be set aside. The debtor not being present at the hearing, new information became available that means the order or its terms are no longer be justified or the interim third party debt order and details of the hearing were not served correctly could all be grounds for the order to be set aside.

How long will the debtor have to apply for the final third party debt order to be set aside?

The debtor must make an application to vary or set aside the final third party debt order within seven days of the date on which the order was served.

Can the creditor reapply if the final third party debt order is set aside?

If the final third party debt order is set aside, the creditor can reapply to the court to enforce payment against the third party again. The creditor will need to restart the enforcement process from the beginning.

What should the debtor do if they were not served with a copy of the creditor’s application notice prior to the final third party debt order?

If the debtor was not served with a copy of the creditor’s application notice prior to the final third party debt order, the debtor can apply to the court to have the order varied or set aside. The debtor should make an application within 7 days of the date on which the order was served.

What form should the debtor use to apply for the final third party debt order to be set aside?

The debtor should use Form N244 Application Notice to apply to set aside the order. The Form N244 can be found on the government website. The completed form must be submitted to the court which made the final third party debt order.

What is an interim third party debt order?

An interim third party debt order will be made when a creditor makes an application for a third party debt order. The interim third party debt order is a temporary that will require the third party to freeze or hold onto the amount they owe to the debtor. The interim order will apply until the final order is made.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

When should the interim third party debt order be served?

The interim third party debt order must be served at least 21 days before the date fixed for the hearing. The date fixed for the hearing will be stated on the interim order.

Once the account has been frozen, will any amount received into the account afterwards also be frozen?

Only the money that is in the debtor’s account on the day the third party receives the interim debt order will be frozen. If the debtor has only a small amount of money in their account when it is frozen but later receives a substantial payment several days later, the creditor will only be able to seize the small amount initially in the account.

Who serves the interim third party debt order?

The court will serve the interim third party debt order unless the creditor wishes to serve the order themselves. They will need to file a Form N215: Certificate of Service if they will be serving the order themselves.

What is a Certificate of Service?

A Certificate of Service certifies that the interim third party debt order was served on the third party.

What does ‘serving’ the interim third party debt order mean?

Serving an interim third party debt order means delivering a document to the other party and bringing the other party's attention to the document.

How can the interim third party debt order be served?

The creditor can personally serve the interim order. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

How can an interim third party debt order be served on a company or a partnership?

If the third party is a company, the document can be delivered to a person holding a senior position in the company. If the other party is a partnership, the interim order can be delivered to a partner or a person who at the time of service has control or management of the partnership at its principal place of business. Alternatively the interim order can be served to the address of the head office of the company or the partnership.

How long will the creditor have to file the Certificate of Service?

The creditor must file Form N215 Certificate of Service at least two days before the hearing. Form N215 can be found on the government website.

What are third party debt orders?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

Can a third party object a final third party debt order?

A third party and the debtor can object against the final third party debt order by filing their written evidence at the relevant court at least three days before the hearing is to take place.

How long does the third party or debtor have to oppose the final third party debt order?

The third party or the debtor must file their objections at least three days before the date on which the hearing is to take place.

How can a final third party debt order be opposed?

The third party or the debtor can object to a final third party debt order by filing their written evidence at the relevant court and attending the hearing to make submissions. Within the objection, they must provide reasons for why they are objecting to the final third party order being made.

What should be included in the written evidence to object to a final third party debt order?

The written evidence should state the grounds for the objections and provide details on the enforcement proceedings itself such as the name of the third party, the debtor and the creditor and references to the enforcement proceedings. Within the written evidence, the objecting party can provide more evidence on why the final third party debt order should not be made.

Does the objecting party need to attend the hearing?

The objecting party must attend the hearing. If the objecting party does not attend, the court may dismiss the objection.

What decisions can the court make on an objection?

After considering the creditor’s application and any other written evidence such as the objection, the court will make a decision. The court may decide to make a final third party debt order despite the objections. If the objection leaves the judge unsatisfied with the creditor’s application, the judge may discharge the interim third party debt order and dismiss the creditor’s application. The judge may also decide any issues disputed by the parties (such as the amount of money owed by the third party to the debtor) or between the parties and other interested parties with a claim to the money subjected to the interim order.

When can the debtor or the third party object to the final third party debt order?

The objecting party can make their objection by filing their written evidence to the court. The objection should state what grounds the objection is made on. The objection could be because the third party or the debtor is aware that a person other than the debtor has a claim to the money that has been frozen by the interim order. The other party will be informed of the creditor’s application and the hearing for the final third party debt order.

Where should the objecting party file their objections?

The objection should be filed at the relevant court. The relevant court will be the court that made the interim third party debt order.

Under what circumstances might an objection succeed?

An objection will succeed if a third party could have a claim over the money frozen by the interim order. An objection will also succeed if the objecting party has a good reason for why the final third party debt order should not be made. The objecting party should provide evidence and demonstrate why making the final third party debt order will not be justified.

What are third party debt orders?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a Bank or a Building Society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

How can a final third party debt order be varied?

A party can apply to vary the final party debt order at the relevant court within seven days of the date on which the order was served. To apply for an instalment order, the third party can apply using Form N245. If there was a court hearing or the creditor rejected the third party’s repayment offer, the third party can apply using Form N244. Form N245 and Form N244 can be found on the government website.

How long will the applicant have to make an application to vary the final third party debt order?

Any application to vary a final third party debt order should be made within seven days of the date on which the final third party debt order was served.

When can the third party make an application to vary the order?

The third party can make an application to vary the order if the party was not served with a copy of the creditor’s application notice prior to the final third party debt order being granted. The third party can also ask the court to change the terms within the order if the third party’s circumstances have changed since the date the final order was made. The third party can also apply if there was a court hearing or if the creditor rejected the third party’s repayment offer. Within the application, they must demonstrate that their circumstances has changed significantly and that they will not be able to comply with the terms within the final third party debt order.

How can a third party apply to pay the debt in instalments?

If the third party has made a repayment offer and it was accepted by the creditor or if the third party did not respond to the creditor’s claim and the order was made without a hearing, the third party can apply to vary the order to allow them to make the repayment in instalments using Form N245. If there was a court hearing or the creditor rejected the third party’s repayment offer, the third party should apply to the court using Form N244 to vary the order. Form N245 and Form N244 can be found on the government website.

What form should the third party use if the creditor rejects their repayment offer?

The third party should use Form N244 to apply. Form N244 can be found on the government website.

Does the third party need to provide evidence for their application?

The third party needs to provide financial statements to prove that their circumstances have changed since the hearing where the final third party debt order was granted.

Can a third party apply to vary the terms of the final third party debt order?

The third party can apply to vary the terms of the final third party debt order if their circumstances have changed since the final order was made. The final order can be varied to change certain terms if varying the order will enable the third party to comply with the order.

Can a third party apply to vary a final third party debt order if they were not served with the creditor’s application?

If the third party was not served with a copy of the creditor’s application notice prior to the final third party debt order being granted, the third party can apply to the court to have the order varied.

Which court should the applicant make their application to vary the third party debt order?

The applicant should make their application at the court which made the final third party debt order.

What is a third party debt order?

A third party debt order will allow the creditor to take the money owed to them directly from the third party who owes the debtor or is holding money for the debtor. This could be a bank or a building society. The Claimant can apply using Form N349 Application for Third Party Debt Order which can be found on the government website.

What is the court process for a third party debt order?

Once the creditor has submitted their application to the relevant court, it will be referred to a judge. The judge will make an interim third party debt order if they are satisfied with the information provided in the application form. The judge will send the interim third party debt order. The third party must then investigate the debtor’s account and freeze the account until the court makes a final order. Usually 28 days after the interim third party debt order is made, the court will hear submissions from the creditor and the debtor and make a final order either discharging the interim order or making a final third party debt order.

What should the third party do when they receive the interim third party debt order?

Where the third party is a bank or building society, they must investigate and identify any and all accounts held solely by the debtor within seven days. For all identified accounts, the bank or building society must notify the creditor and the court details on the accounts. The third party must then freeze the debtor’s account(s) until the final judgment has been made at the hearing. If the third party is not a bank or building society, on receiving the interim third party debt order, the third party must notify the creditor and the court if the third party claims they do not owe the debtor any money or if the third party admits they owe the debtor money but that it is less than the amount claimed in the order.

What should the third party do when they receive the final third party debt order?

On receiving the final third party debt order, the third party must pay the creditor the judgment debt and costs as well as the costs for making application. Where there are insufficient funds in the debtor's frozen account, the costs of making the application will be paid out first and the rest of the judgment debt will be outstanding. The court cannot make an order requiring the third party to pay more than the amount originally frozen when the interim third party debt order was served.

How can a final third party debt order be enforced?

A final third party debt order is enforceable in the same manner as any other order for the payment of money. If a third party fails to pay the creditor the amount ordered by the court, the creditor can bring enforcement proceedings against the third party to enforce payment under the order. The creditor can ask the court to collect the payment from the third party. The creditor can ask the court to issue a warrant of control and to send bailiffs to collect the money owed. If the third party does not make any payments, the bailiffs will take control of any assets that can be sold to repay the amount due to the creditor.

How can the creditor apply for a third party debt order?

The creditor must complete Form N349: Application for a Third Party Debt Order. Form N349 can be found on the government website. If the creditor’s claim is for money and is issued by either the County Court Money Claims Centre or the County Court Business Centre, the completed form N349 should be submitted to the court which is local to the debtor’s home address.

What should be included in the third party debt order application?

The application should include the debtor’s name and address, the total amount of the judgment, the amount still owed by the debtor, where the judgment was to paid in instalments, the total of the instalments in arrears, the third party’s name and address, any other creditor(s) with an interest in the same money and details on the other creditor(s) and any other third party debt order application made relating to the same judgment.

How can the creditor apply to the court to issue a warrant of control?

If the creditor is owed £5,000 or less, they can apply to the county court for the enforcement of an order using Form N323. If the creditor is owed at least £600, they can apply to the High Court or enforcement using Form N293A. The forms can be found on the government website. The form should include details of the date the judgment was made, the amount the order was made for and the total of any interest that has accrued on the judgment.

Can the third party apply to suspend a warrant of control?

The third party can pay a fee and request the warrant of control be suspended. The creditor will receive a copy of the third party’s application to suspend the warrant from the court. The creditor can reply and decide whether to accept the third party’s offer of payment, dispute the amount offered but agree to suspend the warrant or disagree with the application and ask the court to continue with the enforcement proceedings.

Can the third party pay after the warrant of control has been issued?

The third party can pay directly to the creditor. The enforcement officers will request the third party to make payments before they come and take control of assets. The third party can pay during this time. The third party can pay a fee and request the warrant of control be suspended. When applying to suspend, the third party should offer a payment to the creditor.


Interim Charging Order



What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the debtor’s property. Charging orders can be made against the debtor’s company shares. If the debtor does not pay, the creditor can apply for an order for the sale of the property. The creditor can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is an interim charging order?

The interim charging order is a temporary order placing a charge on the debtor’s property prior to a hearing taking place for a judge to decide whether to issue a final charging order or not. The charge will be for the amount that the debtor owes the creditor.

How long will the debtor have to object against the charging order?

The written evidence setting out their objections to the order must be filed at least seven days before the hearing for the final charging order.

Does the debtor need to attend the hearing for the final charging order?

If the debtor files written evidence setting out their objections against the order, they must attend the hearing for the final charging order.

How can the debtor remove an interim charging order?

There are two ways an interim charging order can be removed. The first way is by repaying the creditor in full. This will remove the interim charging order. The second way is by filing written evidence at the court setting out the debtor’s objections against the order. If the judge determines that the objections raised by the debtor are justified, the creditor’s application could be dismissed.

How can the debtor get the charge removed from the Land Registry?

The debtor can get the charge removed from the Land Registry by paying back the debt to the creditor in full. The application for the charging order will also be removed.

Can the debtor sell their property while there is a charging order?

The debtor cannot sell their property while there is a charge on the property. The debtor must fully repay the creditor to remove the charge on the property before selling the property.

Can the creditor force a debtor to sell their property if the court grants the interim charging order?

The interim charging order will not allow the creditor to force the debtor to sell their property. The final charging order will also not force the debtor to sell their property. If they repay the creditor, the creditor cannot force the debtor to sell their property.

Does the debtor need to pay for filing written evidence to object against the interim charging order?

The debtor can file written evidence with the court and they may need to pay a fee for filing the objection. If the judge determines that the objections are justified and dismiss the application, the debtor could recover the debtor’s costs for the hearing.

Does an interim charging order expire?

An interim charging order will only expire once the debt has been paid or once the court dismisses the creditor’s application for a charging order. The interim charging order will expire once a final charging order is made.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the debtor’s property. Charging orders can be made against the debtor’s company shares. If the debtor does not pay, the creditor can apply for an order for the sale of the property. The creditor can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

Does the charging order force the debtor to sell their property?

The charging order will not force the debtor to sell their property. If the debtor fails to comply with the terms within the charging order such as not paying back the creditor on time, the creditor can apply to the court to make an order for sale of the property. The order for sale will compel the debtor to sell their property.

Is the creditor paid before the mortgagee when the property is sold?

The charging order is an equitable charge which means that any other prior charges will rank about it. The mortgagee will therefore be paid before the creditor. Once the mortgagee has been paid, the remaining amount will be used to pay the creditor. Any remaining proceeds will be given to the debtor.

When can the creditor apply for an order for sale?

The creditor can apply for an order for sale to force the debtor to sell their property if the debtor fails to comply with the charging order. Where an application has been made for the order for sale, the debtor can attend the hearing to dispute the order being made.

What happens if the debtor does not comply with the charging order?

If the debtor does not comply with the charging order, the creditor can apply to the court to make an order for sale of the property. If the court makes the order, the property can be sold and proceeds from the sale can be used to repay the creditor.

How can a debtor use the proceeds of sale of a property to pay back the creditor?

The debtor will need to obtain the consent of the creditor and any other charges before they can sell the property. Once they have obtained the consent, the debtor can sell the property and use the proceeds to pay back the creditor and the charges. The person who will be buying the property will be receiving the property free of any charges as the proceeds will be used to deal with the charges.

Can the debtor sell the property while the property has a charge?

The debtor cannot sell the property while the property has a charge on it. The charge must be dealt with before selling the property. The debtor will need to get the consent of the creditor and any other charges before selling. The proceeds must be used to pay back the creditor and the charges.

How long does it take to remove a charging order?

A charging order can be removed as soon as the debtor repays the creditor. The debtor can ask the creditor to remove the charging order and offer to make payments. Charging order does not have a timescale by which it expires. It will only expire if the debtor pays back the creditor or negotiates a payment arrangement with the creditor.

Does a charging order expire?

A charging order does not expire. It will apply until the debtor pays back the creditor or offers a payment to have the charging order removed.

Can the creditor put a charge on the debtor's property without the knowledge of the debtor?

The creditor cannot put a charge on the debtor’s property without the knowledge of the debtor. The debtor must be served with the application and the debtor must be given the opportunity to dispute against the charging order being made.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the debtor’s property. Charging orders can be made against the debtor’s company shares. If the debtor does not pay, the creditor can apply for an order for the sale of the property. The creditor can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

Who must be served with the interim charging order?

The interim charging order must be served on the debtor, any co-owners of the land (if applicable), the debtor’s spouse or civil partner (if known) and any other creditors named in the application or by the court.

Can a charging order be made on a jointly owned land?

A charging order can be made on a jointly owned land. The charging order will only apply to the debtor’s interest.

Can the creditor apply for an order for sale if the land is jointly owned?

The creditor can apply for an order for sale even if the land is jointly owned. The land being jointly owned will not prevent an order for sale being made. Only the proportion of proceeds that belongs to the debtor will be used to repay the creditor.

Does the creditor need to register the interim charging order with the Land Registry?

The creditor needs to register the interim charging order with the Land Registry. If the creditor fails to register the charge and the debtor sells the property to a bona fide purchaser without notice of there being a charge on the order, the interest of the bona fide purchaser will defeat the creditor’s charge. The creditor’s charge will no longer be held against the land and they will have to enforce their debt using an alternative method.

Will an interim charging order force the debtor to sell the property?

An interim charging order cannot force a debtor to sell their property. If the debtor fails to comply with the terms within the charging order such as not paying back the creditor on time, the creditor can apply to the court to make an order for sale of the property. The order for sale will compel the debtor to sell their property.

When will the court make an order for sale?

The court will make an order for sale if the debtor fails to comply with the terms within the charging order. If the debtor does not default on the charging order, it is unlikely for the court to make an order for sale.

How can the creditor apply for an order for sale?

The creditor can use Form N208: Claim Form (CPR Part 8) to apply for an order for sale. The form can be found on the government website. The order for sale will grant the right to take possession of the debtor’s property and then to sell it in order to recover the debt owed and secured by their charge. The creditor can apply for an order for sale at any time. The creditor should only apply for an order for sale if the sale is likely to generate a sufficient amount of money to settle the debt owed to them.

Will a mortgagee be paid before the creditor?

A charging order is an equitable charge which means that it is subject to any prior charge on the property. Charges are registered in priority order. When the property is sold, the proceeds of the sale will be used to pay the charges in the priority order. Any creditors who have a priority above the creditor will be paid before the creditor. If the property was mortgaged, the mortgagee will be paid before the creditor.

What can the creditor do if the proceeds from the sale of the land is insufficient?

If the sale of the land does not generate sufficient funds to satisfy the debt, the creditor will need to use other methods of enforcement to recover the debt owed to them by the debtor.

What is a charging order?

A charging order is like a legal charge or a mortgage: it secures the judgment debt against the debtor’s property. Charging orders can be made against the debtor’s company shares. If the debtor does not pay, the creditor can apply for an order for the sale of the property. The creditor can apply using Form N379 Application for Charging Order on Land which can be found on the government website.

What is an interim charging order?

The interim charging order is a temporary order placing a charge on the debtor’s property prior to a hearing taking place for a judge to decide whether to issue a final charging order or not. The charge will be for the amount that the debtor owes the creditor.

When can a creditor apply for a charging order?

A creditor can apply for a charging order at any point after they have received judgment from the court regarding the debt. The judge considering the creditor’s application will only make an order if the debtor has failed to pay off the whole of the judgment by the deadline or the debtor is paying judgment debt in instalments. The debtor does not need to have defaulted on the instalment payment but this fact will be taken into account by the judge when deciding whether to issue the charging order.

How can a creditor apply for a charging order?

A creditor can apply for a charging order completing Form N379: Application for Charging Order on Land or Property. The creditor will need to submit an official copy of the Land Registry entry for the title of the property they are seeking the order against. A creditor can also seek a charging order against stocks or shares or money in court using Form N380: Application for a Charging Order on Securities. Form N379 and Form N380 can be found on the government website.

What should be included within an application for a charging order?

In brief, the application should include details of the judgment in the creditor's favour, full name and address of the debtor, amount of the judgment, address of the property or land the creditor wants to secure the charge against, details as to the ownership of the property, details of any other known creditors of the debtor, details of any other person with an interest in the property and any additional factor the creditor wants the court to consider. If the creditor is a company, corporation or firm, details of who supplied the necessary information for the application. At the end of the form, the creditor must sign a statement of truth confirming that to the best of their knowledge all the information in their application is true and correct.

How can the creditor obtain evidence of ownership?

Most land is registered at HM Land Registry. If the land is registered, the creditor can obtain a copy of the entry for that land and should attach it to their application form.

When will an application for a charging order be heard by a judge?

Applications for a charging order over the debtor’s land will be considered by a court officer except in certain circumstances. If the application is made against an interest held by a debtor as a trustee of a trust, if the interest is in an asset or an interest under another trust and the judgment was made against the debtor in their capacity as a trustee, it will be considered by the judge. If the application is made against an interest held by a debtor as a trustee of a trust, if the interest is in an asset or an interest under another trust and the whole beneficial interest of the trust is for the benefit of the debtor, or where there are two or more debtors, and they are all liable to the creditor, and they all hold the whole beneficial interest of trust for their own benefit, it will be considered by a judge. A judge will consider an application if it is made against the interest of a partner in property shared by the debtor and creditor in partnership. A judge will consider an application if an instalment order was made before 1 October 2012. A judge will consider an application if the court officer considers that the application would be better dealt with by a judge.

Does the creditor need to register the charging order at the Land Registry?

The creditor needs to register the interim charging order with the Land Registry. If the creditor fails to register the charge and the debtor sells the property to a bona fide purchaser without notice of there being a charge on the order, the interest of the bona fide purchaser will defeat the creditor’s charge. The creditor’s charge will no longer be held against the land and they will have to enforce their debt using an alternative method.

Can the debtor object against the charging order?

The debtor can object against the charging order within 10 days of being served with the interim order. the court will consider the objections made by the debtor before making the final order. If the application is transferred to a judge, the debtor can object against the final charging order by filing written evidence. The written evidence will be considered at the hearing in which the judge will consider making the final charging order.

What is the process for a charging order?

When the creditor applies for a charging order, the court will make an interim order. The interim order will prevent the debtor from selling their property before the final order. Usually within 21 days of the interim order, a final hearing takes place. After hearing the submissions from the creditor and the debtor, the court can make a final order or discharge the interim order. If a court officer considers the application, the court officer will issue the interim charging order by way of an ‘unless notice’. The final charging order will be issued unless the debtor objects within 10 days of being served with the interim order. The debtor will need to attend the final order hearing and state their objections against the order being made. The judge will then make a final charging order or dismiss the application.


Bankruptcy



How long will bankruptcy last?

Bankruptcy will last until the bankrupt individual is discharged. Discharge from bankruptcy is a statutory process whereby the bankrupt individual is released from their debts and the restrictions that come with bankruptcy. It will usually be automatically discharged 12 months after the bankruptcy order unless discharge is suspended or delayed.

Will the bankruptcy be discharged automatically?

The bankruptcy will be automatically discharged 12 months after the bankruptcy order unless discharge is suspended or delayed.

How can an individual obtain a discharge certificate?

The individual can obtain a discharge certificate by contacting the Insolvency Service.

What is suspension of discharge?

Suspension of discharge is where the date of the discharge has been delayed by a court order. A discharge can be suspended if the bankrupt individual has failed to comply with their obligations.

Who can apply for a suspension of discharge?

The Official Receiver or the Trustee in Bankruptcy can apply for a suspension of discharge before the first anniversary of the bankruptcy order.

What is the effect of discharge?

Once discharge takes place, the debtor will have no further liability for their bankruptcy debts and interest running on them. The bankrupt individual will still be liable for debts gained by fraud, debt that arise from obligations under a criminal confiscation order, money owed under family proceedings, damages payable to anyone under personal injuries, student loans, court fines and debts created after the bankruptcy order.

Will the bankrupt individual still be liable for student loans?

The bankrupt individual will still be liable for student loans after discharge. The bankrupt individual will still be liable for debts gained by fraud, debts that arise from obligations under a criminal confiscation order, money owed under family proceedings, damages payable to anyone under personal injuries, student loans, court fines and debts created after the bankruptcy order.

Can the Trustee in Bankruptcy continue to pay back debts after the bankruptcy has been discharged?

The bankruptcy estate will still vest in the Trustee in Bankruptcy who will investigate the bankrupt individual’s financial situation and realise the bankrupt individual’s assets to pay back the bankruptcy creditors until their release from office.

Can the bankrupt individual apply to lift the suspension of discharge?

If the bankrupt individual considers that the period of suspension has ended or that they have fulfilled the specified conditions attached to the suspension, they may apply for an order to lift the suspension. If the suspension is lifted, the one-year period will begin to run again from the time the discharge was suspended.

How long will the Trustee in Bankruptcy have to deal with the bankrupt individual’s debts?

The Trustee in Bankruptcy will have 3 years from the bankruptcy order to deal with the primary residence of the bankrupt individual. After the Trustee’s release, the Official Receiver may re-appoint the Trustee in Bankruptcy if necessary.

How can a debtor apply to set-aside a statutory demand?

The debtor can use Form IAA Application Notice to apply for the statutory demand to be set aside within 18 days from the date the statutory demand was served on them. Form IAA can be found on the government website.

How long does the debtor have to dispute a statutory demand?

The debtor will have 18 days from the date the statutory demand was served on them to apply to set-aside the statutory demand.

What should be included in an application form to set-aside a statutory demand?

The application should identify who the debtor is, state that the application is for an order that the statutory demand be set-aside, state the date of the statutory demand and be dated and authenticated by the debtor or by a person authorised to act on the debtor’s behalf (such as their legal representative). The debtor’s application must be accompanied by a copy of the statutory demand if it is in the debtor’s possession and a witness statement.

What should be included within the witness statement to set aside the statutory demand?

The witness statement should contain the date on which the debtor became aware of the statutory demand, the grounds on which the debtor claims that it should be set-aside and any evidence in support of the application.

Can the application to set aside the statutory demand be made electronically?

The application to set aside the statutory demand can be made electronically if the court uses electronic filing. If it does not, the debtor must provide three copies of each of the documents.

Which court should the debtor file their application to set-aside a statutory demand?

The debtor should file the application at the county court hearing centre local to where the debtor lives or carries on business. The court can be found by search on the Court and Tribunal finder on the government website.

What is the consequence of not providing copies of the documents?

If the debtor does not lodge copies of the document with the application, any order made by the court fixing a venue will be conditional on copies of the documents being lodged on the next business day after the Court’s order. If the copies are not filed, the application will be deemed to have been dismissed.

What can a debtor do if the creditor has filed a petition for the debtor’s bankruptcy?

The debtor can contact the petitioning creditor or their legal representative and invite them to withdraw the bankruptcy petition or adjourn the first hearing until the dispute has been looked into. The debtor can file a notice of opposition against the petitions. The debtor can attend the first hearing of the bankruptcy petition and explain to the judge that the debt is disputed and invite the court to make directions to file and serve evidence to properly determine the dispute.

How can the debtor oppose a creditor’s petition at court?

The debtor can file a notice of opposition at court setting out the ground on which the debtor disputes the bankruptcy petition not less than five business days before the hearing. The notice must also be delivered to the petitioning creditor or their lawyers no less than five business days before the hearing. The debtor can attend the first hearing of the bankruptcy petition and explain to the judge that the debt is disputed and invite the court to make direction to resolve the dispute.

How long will the debtor have to file their notice of opposition?

The notice of opposition must be filed no less than five business days before the hearing. The debtor must also deliver a copy of the notice to the petitioning creditor or their lawyers no less than five business days before the hearing.

What is a statutory demand?

A statutory demand is a formal written demand served on the debtor for payment of a debt within 21 days. If the debtor does pay their debt or make a payment arrangement with the creditor, the creditor can commence court proceedings to make the debtor bankrupt.

How can a creditor apply for a statutory demand?

The creditor will need to complete and serve the statutory demand on the debtor. The form they will need to use will depend on when they want their debt to be repaid. If the creditor wants the debt to be repaid immediately, they must complete the Form SD2. If the creditor wants the debt to be repaid immediately following a judgment or court order, the creditor should use Form SD4. If the creditor wants the debt to be paid some time in the future, the creditor should use Form SD3. If the debtor is a limited company, the creditor should use Form SD1. If the debtor is a business partnership, each partner should be served with the demand. The forms can be found on the government website.

What can the creditor do if the debtor does not pay their debt?

If the debtor does not pay their debt within 21 days after being served with the statutory demand, the creditor can apply to the court for a bankruptcy order provided that the debt is more than £750 (for companies) or £5,000 (for individuals). The creditor can use the unpaid statutory demand as evidence of the debtor’s inability to pay its debt.

Does statutory demand commence proceedings?

A statutory demand does not commence proceedings but it is a formal way of warning the debtor to pay their debts.

Under what circumstances can the creditor make a bankruptcy petition?

The creditor can make a bankruptcy petition if the debtor is unable or has no reasonable prospect of being able to pay their debt. The unpaid statutory demand can be used at court to show that the debtor is unable to pay back their debts. The debt (or minimum total debts) must equal to or exceed the bankruptcy level. The bankruptcy level is currently £5,000. The debt or each of the debts is for a liquidated sum payable to the petitioning creditor(s) either immediately or at some certain future time and is unsecured. There is no outstanding application to set aside a statutory demand served in respect of the debt (or any of the debts).

Can the debtor apply to set aside the statutory demand?

The debtor will have 18 days from the date the statutory demand was served on them to make an application to have it set aside. If the creditor has not applied for a bankruptcy petition, the debtor will be able to make an application to have the statutory demand set aside. The debtor will need to apply for an extension of time for not making the application within the 18 days.

How long will the debtor have to apply to set aside the statutory demand?

The debtor will have 18 days from the date the statutory demand was served on them to make an application to have it set aside. If the creditor has not applied for a bankruptcy petition, the debtor can apply to set the statutory demand aside along with an application for an extension of time.

What must be included in an application to set aside a statutory demand?

The application should identify who the debtor is, state that the application is for an order that the statutory demand be set-aside, state the date of the statutory demand and be dated and authenticated by the debtor or by a person authorised to act on the debtor’s behalf (such as their legal representative). The debtor’s application must be accompanied by a copy of the statutory demand if it is in the debtor’s possession and a witness statement.

The witness statement should contain the date on which the debtor became aware of the statutory demand, the grounds on which the debtor claims that it should be set-aside and any evidence in support of the application.

What is the minimum amount for a statutory demand?

The minimum amount for a creditor to apply for a statutory demand against a company will be £750. The minimum amount for an individual will be £5,000. The creditor cannot apply to the court for a bankruptcy petition if the amount owed is below that.

How long is a statutory demand valid for?

A statutory demand is valid for 4 months. The creditor will have 4 months from the date on which they served the statutory demand to make a bankruptcy petition if the debtor fails to pay the debtor within 21 days.

Who is the Trustee in Bankruptcy?

The Trustee in Bankruptcy will take control of the bankrupt individual’s assets and will be responsible for repaying the creditors.

What possession must be delivered to the Trustee in Bankruptcy?

The bankrupt individual must fully cooperate with the Trustee in Bankruptcy and deliver to them the possession of the assets and property which forms their bankruptcy estate, a complete list of their assets and property and all books, papers and records relating to their financial circumstances.

How are the creditors repaid?

The Trustee in Bankruptcy will sell the individual's assets and inform the creditor on how the money will be shared. The creditors must then make a formal claim. The bankrupt individual cannot and should not make payments directly to unsecured creditors. The Trustee in Bankruptcy will be responsible for equally distributing the bankrupt individual's assets between the unsecured creditors in proportion to the debts due to each creditor. The Trustee in Bankruptcy will pay their own costs and expenses before distributing to the creditor. Any money left over will be returned to a bankrupt individual.

Can the bankrupt individual pay anyone directly?

The bankrupt individual can only make direct payments for secured creditors, debts which are not included in the bankruptcy known as “non-provable debts” and money owed after 19 March 2012 to the Department for Work and Pensions for budgeting or crisis loans. Non-provable debts are debts such as court fines, maintenance payments and student loans.

What is the bankruptcy estate?

The bankruptcy estate includes all assets and property which the bankrupt individual has a beneficial interest in at the date of their bankruptcy order. The assets and property can be used to repay the creditors.

Will the income of the bankrupt individual be included in the bankruptcy estate?

A bankrupt individual’s income or salary does not fall within the bankruptcy estate therefore the Trustee can only claim if there is an Income Payments Order or an Income Payments Agreement in place. If the bankrupt individual has an income or salary beyond the amount needed for everyday needs, the Trustee in Bankruptcy will require regular payments toward the debts from the income through an Income Payments Agreement.

If the bankrupt is unemployed and does not have an income, they will not be required to pay. They must inform the Trustee in Bankruptcy if there is any change to their income. The court will only make an Income Payment Agreement or an Income Payment Order if the bankrupt individual will have enough money to meet their everyday needs.

Will the bankrupt individual’s bank account be included in the bankruptcy estate?

The money in the bankrupt individual’s bank account will be included in the bankruptcy estate. The Trustee in Bankruptcy will have full control over the bank account. The Trustee in Bankruptcy will inform the bank of the bankruptcy order, request that no further transactions take place from the account without authorisation from the Trustee in Bankruptcy and arrange for the transfer of any funds belonging to the bankrupt individual into the bank account of the bankruptcy estate.

Will the debtor’s home be included in the bankruptcy estate?

If the bankrupt individual is the sole owner of their home, it can be sold to pay the debts. If the bankrupt individual owns the property with someone else, it can be sold to pay debts and the Trustee in Bankruptcy will receive the bankrupt individual’s share of the home. The Trustee in Bankruptcy will have 3 years from the bankruptcy order to deal with the primary residence of the bankrupt individual. If the Trustee in Bankruptcy does not do anything with the primary residence after 3 years, the home will be returned to the bankrupt individual.

Will all of the debtor’s belongings be included in the bankruptcy estate?

Almost all of the bankrupt individual’s assets and property will be included in the bankruptcy estate. The assets that will not be included are the tools of trade used for work, basic household items like clothing and furniture, assets to which the bankrupt individual has legal title only and property held under an assured tenancy, protected tenancy, secured tenancy or protected occupancy of a dwelling house.

When will the bankruptcy end?

Bankruptcy will usually be automatically discharged 12 months after the bankruptcy order. The discharge can be delayed if the bankrupt individual does not comply with their obligations.

Will the Trustee in Bankruptcy investigate past transactions?

Part of the Trustee in Bankruptcy’s role includes investigating the bankrupt individual’s previous and current financial affairs. The Trustee in Bankruptcy will review the bankruptcy estate before the bankruptcy order is made.

Can the Trustee in Bankruptcy compel the bankrupt individual to provide information on past transactions?

The Trustee in Bankruptcy can apply to the court to summon the bankrupt, their current/former spouse/civil partner or business partner or any other person who is able to give information concerning the bankrupt individual’s financial affairs. This includes a power for the court to request production of any relevant documents in their possession or under their control.

When will a transaction be at undervalue?

If the bankrupt individual transferred an asset to another person as a gift, in consideration of marriage/civil partnership or for significantly less than the asset’s value, the transaction will be a transaction at undervalue. Transactions will be considered transactions undervalue if the transaction happened within 5 years of the date of the presentation of the petition or the date of the bankruptcy application and the bankrupt individual was insolvent at the time of the transaction, or became insolvent as a result of the transaction. If the transaction happened within 2 years of the date of the presentation of the petition (or the date of the bankruptcy application), it will be an undervalue transaction. There is no need to prove the bankrupt individual was insolvent at the time of the transaction, or became insolvent.

What is a preference transaction?

Preference transaction is a transaction that puts the creditor in a better position that they would have otherwise been in had the transaction not taken place. If the transaction took place while the bankrupt individual was insolvent at the time of the transaction or became insolvent as a result of the transaction, it will be a preference transaction. If the bankrupt individual was influenced by the desire to prefer the creditor, the transaction will be a preference transaction. A transaction will be a preference transaction if it took place during the 6 month period before the presentation of the petition or the date of the bankruptcy application. If the transaction was with an associate and took place within 2 year of the presentation of the petition or the date of the bankruptcy application, it will be a preference transaction.

An associate includes the husband/wife/civil partner of the bankrupt individual, relative of the bankrupt individual’s, relative of the bankrupt individual’s husband/wife/civil partner, the husband/wife/civil partner of the bankrupt individual’s relative, and any person with whom the bankrupt individual is in partnership with (or their partner’s husband/wife/civil partner/relative).

What are extortionate credit transactions?

Extortionate credit transactions are transactions which provide credit to the bankrupt individual, the terms of the transaction requires the bankrupt individual to make grossly high payments or is grossly against the ordinary principles of fair agreements and the transaction was made in the three years before the bankruptcy order.

How long will the Trustee in Bankruptcy have to challenge a past transaction?

If the claim is for a sum of money, the title limit to make an application is 6 years. If the claim is not for money, the limitation period is 12 years.

What pension contributions can the Trustee in Bankruptcy investigate?

Pension contributions will be investigated if the bankrupt individual interests to put assets beyond the reach of the creditors. Any pension contributions that were excessive when taking into account the bankrupt's circumstances and any pension contributions which prejudice the creditors unfairly will be investigated.

How long will the Trustee in Bankruptcy have to challenge pension contributions?

If the claim is for a sum of money, the title limit to make an application is 6 years.

What transactions will be considered transactions that defraud creditors?

A transaction will be a transaction defrauding creditors if the transaction was entered into at an undervalue. A transaction will also be a transaction defrauding creditors if the transaction was entered into for the purpose of putting assets beyond the reach of a creditor to make it difficult for the creditor to claim against the bankrupt individual.

How long will the Trustee in Bankruptcy have to challenge transactions defrauding creditors?

If the claim is for a sum of money, the title limit to make an application is 6 years. If the claim is not for money, the limitation period is 12 years.

What is bankruptcy?

Bankruptcy is the formal insolvency procedure for individuals in England and Wales who are unable to pay debts they owe to creditors. The purpose of bankruptcy is to grant relief to the bankrupt individual and fairly distribute their assets among their unsecured creditors.

What is the bankruptcy process?

Bankruptcy process commences with a bankruptcy order which is made against a person who cannot pay their debts. The bankruptcy of an individual will continue until the individual is discharged. The bankruptcy order can be obtained by the bankrupt individual or by a creditor who presented a bankruptcy petition to the court. Once a bankruptcy order is made, the court or adjudicator will pass the bankrupt individuals file to the Trustee in Bankruptcy. The Trustee in Bankruptcy will take control of the bankrupt individual’s assets and is responsible for repaying creditors. The Trustee in Bankruptcy will sell the bankrupt individual’s assets and inform the creditors on how the money will be shared. The creditors must then make a formal claim. The bankrupt individual cannot and should not make direct payments. The Trustee in Bankruptcy will pay their own costs and expenses and then distribute the assets between the unsecured creditors in proportion to the debts due to each creditor. Any money left over will be returned to the bankrupt individual. The administration of the bankrupt individual’s estate will continue beyond the bankrupt individual’s discharge.

What will form the bankruptcy estate?

The bankruptcy estate includes all assets and property (such as money, goods, land etc) in which the bankrupt individual has a beneficial interest at the date of their bankruptcy order.

Will all the bankrupt individual’s belongings be included in the bankruptcy estate?

The bankruptcy estate will include all assets and property the bankrupt individual has beneficial interest at the date of their bankruptcy order. There are exceptions to this. Tools of trade, basic household items required for the bankrupt individual and his family, assets to which the bankrupt individual has legal title only and property held under an assured tenancy, protected tenancy, secured tenancy or protected occupancy of a dwelling house will not be included in the bankruptcy estate.

Can the bankrupt individual make repayments?

The bankrupt individual can only make direct payments for secured creditors, debts which are not included in the bankruptcy known as “non-provable debts” and money owed after 19 March 2012 to the Department for Work and Pensions for budgeting or crisis loans. Non-provable debts are debts such as court fines, maintenance payments and student loans.

Will the bankrupt individual’s home become part of the bankruptcy estate?

If the bankrupt individual is the sole owner of their home, it can be sold to pay the debts. If the bankrupt individual owns the property with someone else, it can be sold to pay debts and the Trustee in Bankruptcy will receive the bankrupt individual’s share of the home. The Trustee in Bankruptcy will have 3 years from the bankruptcy order to deal with the primary residence of the bankrupt individual. If the Trustee in Bankruptcy does not do anything with the primary residence after 3 years, the home will be returned to the bankrupt individual.

Will the bankrupt individual’s bank account become part of the bankruptcy estate?

The money in the bankrupt individual’s bank account will be included in the bankruptcy estate. The Trustee in Bankruptcy will have full control over the bank account. The Trustee in Bankruptcy will inform the bank of the bankruptcy order, request that no further transactions take place from the account without authorisation from the Trustee in Bankruptcy and arrange for the transfer of any funds belonging to the bankrupt individual into the bank account of the bankruptcy estate.

Will the bankrupt individual need to pay into the bankruptcy estate from their income?

If the individual is unemployed and does not have an income, they will not be required to pay. The bankrupt individual is required to inform the Trustee in Bankruptcy of any changes to their income. The Trustee in Bankruptcy will only require payments from income if the bankrupt individual has an income or salary beyond the amount needed for everyday needs. The Trustee in Bankruptcy will apply for an Income Payment Order to get regular payments from the bankrupt individual’s income.

Will the bankrupt individual’s motor vehicle be included in the bankruptcy estate?

The bankrupt individual’s motor vehicle is included in the bankruptcy estate and may be sold to pay debts. The motor vehicle will not be included if it is required for work or vocation or for basic domestic needs where alternative transport is not practicable.

When will bankruptcy end?

Bankruptcy will usually be automatically discharged 12 months after the bankruptcy order. The discharge can be delayed if the bankrupt individual does not comply with their obligations.

How can a bankruptcy petition be withdrawn?

A bankruptcy petition can be withdrawn with the court’s permission. The creditor must file a witness statement with the court in support of the application to withdraw specifying the reasons for the application.

What will be included in order to withdraw the bankruptcy petition?

The order of dismissal or granting permission to withdraw a bankruptcy petition will contain the identification details for the proceedings, the date of the filing of the bankruptcy petition, the name postal address and description of the applicant, a statement that the petition has been heard and the order that the petition be dismissed or that with the permission of the court, the petition is withdrawn. The order will also contain details of any further terms of the order, the date and reference number of the registration of the petition as a pending action with the Chief Land Registrar, an order that the entry relating to the petition in the register of pending action be vacated on the debtor's application and the date of the order.

When can the creditor seek permission to have a bankruptcy petition withdrawn?

The creditor can seek permission to have the bankruptcy petition withdrawn when the debtor has paid or is able to pay the debt owed by the date of the hearing, a debtor has made reasonable arrangements to pay back their debts or agreeing to an Individual Creditor Agreement with the debtor.

Does the petitioning creditor need to attend the hearing?

The petitioning creditor will not need to attend the hearing but if they do not attend, they will need the permission of the court for any future petition against the same debtors for the same debt.

Does the creditor need the permission for withdrawing a bankruptcy petition?

A bankruptcy petition can only be withdrawn with the permission of the court.

Can the withdrawing creditor be substituted with another petitioning creditor?

If the court gives permission to withdraw the bankruptcy petition, the court may substitute another creditor for the petitioning creditor. The other petitioning creditor will ‘take over’ the petition for another debt.

What application should the creditor use to withdraw the bankruptcy petition?

If the bankruptcy petition has been served on the debtor, the petitioner’s application is usually for an order to dismiss the bankruptcy petition. If the bankruptcy petition has not been served on the debtor, the application is for an order to withdraw the bankruptcy petition.

Can the withdrawing creditor petition against the same debtor about the same debt?

The withdrawing creditor can petition again with the permission of the court.

Can the petitioner apply to withdraw the bankruptcy if the bankruptcy petition has been served?

If the bankruptcy petition has been served on the debtor, the petitioner can make an application for an order to dismiss the bankruptcy petition.

Can the petitioner apply to withdraw the bankruptcy if the bankruptcy petition has not been served?

If the bankruptcy petition has not been served on the debtor, the petitioner can make an application for an order to withdraw the bankruptcy petition.

What is bankruptcy?

Bankruptcy is the formal insolvency procedure for individuals in England and Wales who are unable to pay debts they owe to creditors. The purpose of bankruptcy is to grant relief to the bankrupt individual and fairly distribute their assets among their unsecured creditors.

What is the bankruptcy process?

Bankruptcy process commences with a bankruptcy order which is made against a person who cannot pay their debts. The bankruptcy of an individual will continue until the individual is discharged. The bankruptcy order can be obtained by the bankrupt individual or by a creditor who presented a bankruptcy petition to the court. Once a bankruptcy order is made, the court or adjudicator will pass the bankrupt individuals file to the Trustee in Bankruptcy. The Trustee in Bankruptcy will take control of the bankrupt individual’s assets and is responsible for repaying creditors. The Trustee in Bankruptcy will sell the bankrupt individual’s assets and inform the creditors on how the money will be shared. The creditors must then make a formal claim. The bankrupt individual cannot and should not make direct payments. The Trustee in Bankruptcy will pay their own costs and expenses and then distribute the assets between the unsecured creditors in proportion to the debts due to each creditor. Any money left over will be returned to the bankrupt individual. The administration of the bankrupt individual’s estate will continue beyond the bankrupt individual’s discharge.

How can a bankruptcy order be obtained?

The bankruptcy order can be obtained by the bankrupt individual through an online application or by a creditor who presented a bankruptcy petition to the court. The debtor’s creditors, the supervisor or creditor of the debtor’s failed Individual Voluntary Arrangement or the Financial Conduct Authority where the debtor owes a debt in relation to a regulated activity will be able to present bankruptcy petition. An Individual Voluntary Arrangement is an arrangement with creditors to settle outstanding unsecured debts.

Can the bankrupt individual make repayments?

The bankrupt individual can only make direct payments for secured creditors, debts which are not included in the bankruptcy known as “non-provable debts” and money owed after 19 March 2012 to the Department for Work and Pensions for budgeting or crisis loans. Non-provable debts are debts such as court fines, maintenance payments and student loans.

Will all the bankrupt individual’s belongings be included into the bankruptcy estate?

The bankruptcy estate will include all assets and property the bankrupt individual has beneficial interest at the date of their bankruptcy order. There are exceptions to this. Tools of trade, basic household items required for the bankrupt individual and his family, assets to which the bankrupt individual has legal title only and property held under an assured tenancy, protected tenancy, secured tenancy or protected occupancy of a dwelling house will not be included in the bankruptcy estate.

What is the bankruptcy estate?

The bankruptcy estate includes all assets and property which the bankrupt individual has a beneficial interest in at the date of their bankruptcy order. The assets and property can be used to repay the creditors.

Will the bankrupt individual’s income be included in the bankruptcy estate?

A bankrupt individual’s income or salary does not fall within the bankruptcy estate therefore the Trustee can only claim if there is an Income Payments Order or an Income Payments Agreement in place. If the bankrupt individual has an income or salary beyond the amount needed for everyday needs, the Trustee in Bankruptcy will require regular payments toward the debts from the income through an Income Payments Agreement.

If the bankrupt is unemployed and does not have an income, they will not be required to pay. They must inform the Trustee in Bankruptcy if there is any change to their income. The court will only make an Income Payment Agreement or an Income Payment Order if the bankrupt individual will have enough money to meet their everyday needs.

Will the bankrupt individual’s bank account be included in the bankruptcy estate?

The money in the bankrupt individual’s bank account will be included in the bankruptcy estate. The Trustee in Bankruptcy will have full control over the bank account. The Trustee in Bankruptcy will inform the bank of the bankruptcy order, request that no further transactions take place from the account without authorisation from the Trustee in Bankruptcy and arrange for the transfer of any funds belonging to the bankrupt individual into the bank account of the bankruptcy estate.

Will the bankrupt individual’s home be included in the bankruptcy estate?

If the bankrupt individual is the sole owner of their home, it can be sold to pay the debts. If the bankrupt individual owns the property with someone else, it can be sold to pay debts and the Trustee in Bankruptcy will receive the bankrupt individual’s share of the home. The Trustee in Bankruptcy will have 3 years from the bankruptcy order to deal with the primary residence of the bankrupt individual. If the Trustee in Bankruptcy does not do anything with the primary residence after 3 years, the home will be returned to the bankrupt individual.

When will bankruptcy end?

Bankruptcy will usually be automatically discharged 12 months after the bankruptcy order. The discharge can be delayed if the bankrupt individual does not comply with their obligations.

What is discharge from bankruptcy?

Discharge from bankruptcy is a statutory process where the bankrupt individual is released from their debts and the restrictions that come with bankruptcy.

Will the bankruptcy be automatically discharged?

Usually, bankruptcy will be automatically discharged 12 months after the date the bankruptcy order was made. The bankruptcy will carry on after 12 months if discharge gets suspended or delayed.