Phil Roberts
Phil began his career in debt recovery over 20 years ago and went on to join national law firm Clarke Willmott LLP in 2004. He is now a partner in the firm and jointly leads the firm's Debt Recovery team. The team is one of the largest in the UK, and its client base includes government departments, local authorities, utility companies, insurance companies, commercial businesses and FCA regulated companies.
Phil leads on all complex cases and technical queries and manages a personal caseload of bespoke, complex recovery actions. He has particular expertise in insolvency action (defended and undefended), all forms of debt litigation (volume, defended and undefended), enforcement, judicial review, complex orders for sale and leasehold recoveries.
The Debt Recovery team is ranked in tier 1 by the Legal 500 and Phil has been recognised by clients previously in the directory for providing 'proactive recovery solutions', being 'calm and reassuring' and being 'Diligent and conscientious'.
Phil is recognised as an expert in the field of debt recovery litigation and is regularly invited to speak at conferences and other events.
Practice Area
Panels
- Consulting Editorial Board
- Q&A Panel
Qualified Year
- 2006
Membership
- Chartered Institute of Legal Executives
6 Contributions by Phil Roberts
PRACTICE NOTES
Case study: pre-action protections and post-judgment enforcement for suppliers—guarantees, retention of title, charging orders, writs of control and third party debt orders (England and Wales)
This Practice Note, created with Phil Roberts of Clarke Willmott, sets out a case study exploring the various routes, at both pre-action and post action stages, to safeguard a would-be or actual judgment creditor in pursuing debt recovery—in this instance a footwear supplier. It outlines core principles around guarantees, retention of title provisions, and enforcement options including charging orders, taking control of goods, and third party debt orders, with signposts to related materials on each area.
The case study
Please note: all names in this case study are entirely invented and any resemblance to real individuals, businesses or companies is purely coincidental and unintended. Pollyanna Pride has supplied shoes to Mr Cobbler of Shoes It Is for nearly three years. Her products are unique soft leather designer boots. They typically sell strongly, despite a retail tag of £295 per pair. Pollyanna takes special pride that, although her designs might be imitated, none are identical, as she hides a tiny orange parrot somewhere on the heel of every pair. Mr Cobbler operates a niche shoe boutique in Grantchester. Demand holds firm at £295 a pair, and every boot stays singular thanks to her minute orange parrot detail concealed on the heel...
Dispute Resolution
PRACTICE NOTES
Enforcing a £4,000 County Court judgment: options, debtor investigations and practical tips for judgment creditors (England and Wales)
This Practice Note, prepared with Phil Roberts of Clarke Willmott LLP, summarises the enforcement routes available to someone who has just obtained a County Court judgment for £4,000. For a visual overview, see: County Court judgment creditor—flowchart.
What are your options to enforce a County Court judgment for £4,000?
charging order—(see the Charging Orders Act 1979 (COA 1979), CPR 73 and CPR PD 73)
transfer the judgment to the High Court and obtain a writ of control (CPR 83 and the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007))
warrant of control (CPR 83, TCEA 2007, the Taking Control of Goods Regulations 2013, SI 2013/1894)
attachment of earnings (CPR 89 and the Attachment of Earnings Act 1971 (AtEA 1971))
third party debt order (CPR 72)
an order to obtain information (CPR 71)
Securing a judgment can be straightforward—recovering the funds is often the harder task. From the outset, practitioners should prioritise assessing the debtor’s assets and capacity to pay the judgment sum. Where enforcement is unlikely to succeed, the potential cost consequences must remain a key consideration...
Dispute Resolution
PRACTICE NOTES
Third Party Debt Orders in England and Wales: Identifying, Timing and Evidencing Opportunities for Effective Judgment Enforcement
This Practice Note aims to help identify opportunities to use a Third Party Debt Order (TPDO) to enforce a money judgment. For procedural guidance and answers to common queries, see the following Practice Notes:
How to apply for a third party debt order (TPDO)
Third party debt orders—flowchart
Third party debt orders—frequently asked questions
Is a TPDO worth the effort?
Once a money judgment has been obtained, if it is not paid the creditor can take enforcement steps. The choice of enforcement method rests entirely with the creditor (see CPR 70.2(2)). TPDOs are the least commonly used route. This is probably because the creditor must present the court with evidence of their knowledge or belief that a third party is indebted to the debtor (CPR PD 72, para 1.2(7)), which can be difficult. Ministry of Justice statistics for 2024 indicate that, of the total judgments made by county courts in England and Wales, the proportion that are default judgments is consistently just above 90%...
Dispute Resolution
PRACTICE NOTES
Third party debt orders: frequently asked questions on scope, process, and special assets (crypto, pensions, funds in court) under CPR Part 72 (England and Wales)
This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a Third Party Debt Order (TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes:
What is a third party debt order (TPDO)?
How to apply for a third party debt order (TPDO)
Does a TPDO have to be issued against a financial institution?
No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor.
Can a TPDO be made in respect of cryptocurrency?
Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by LexisNexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and enforced against, including via an application for a TPDO. For guidance, see News Analysis: First third-party debt order granted by the English High Court in relation to cryptocurrency.
Can a TPDO be made on a joint account?
Only where all joint account holders are also joint judgment debtors...
Dispute Resolution
FLOWCHARTS
Enforcement options for County Court judgment creditors—flowchart (England and Wales)
ARCHIVED:
This flowchart is retired and no longer under maintenance...
Dispute Resolution
FLOWCHARTS
Third party debt orders: step-by-step flowchart for enforcing money judgments
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Dispute Resolution
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