Jurisdiction(s):
United Kingdom

Related legal acts

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...

Contempt and enforcement in the Court of Protection: committal, civil restraint, CPR methods and procedural safeguards (England and Wales)

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Practice notes

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Orders issued by the Court of Protection do not invariably need enforcing—for instance, a declaration about P’s capacity, or lack of capacity, or a ruling that a specific course of conduct is lawful or unlawful. Nevertheless, there are many situations in which enforcement of the court’s orders becomes necessary, such as where P’s property and financial affairs have suffered financial abuse, or where personal contact with P has to be regulated, as appropriate in the circumstances. The Court of Protection (CoP) holds wide-ranging powers to enforce its orders, by the court when required, under the Mental Capacity Act 2005 (MCA 2005) and the Court of Protection rules 2017 (COPR 2017), SI 2017/1035. Under s 47(1) MCA 2005, the CoP is given enforcement powers equivalent to those of the High Court. In the same way as the civil procedure rules 1998 (CPR 1998), the COPR 2017 adopt an overriding objective, enabling the CoP to deal with cases justly and at proportionate cost, and they require the court to promote that objective by actively managing cases at all times (including when considering enforcement steps, such as committal). Before the COPR 2017 took effect on 1 December 2017, the COPR 2007 contained very...

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Adam Carvalho

Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand. Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice....

Web page updated on 21/05/2026

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