Jurisdiction(s):
United Kingdom

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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)

Published by a LexisNexis Dispute Resolution expert

Practice notes

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...

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Phil Roberts

Clarke Willmott

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...

Web page updated on 29/05/2026

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