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...

Enforcing TOLATA 1996 Orders: Sale, Execution of Conveyance, Committal, Possession and Money Judgments (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the enforcement routes available for implementing an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It describes the steps required after an order for sale where a party refuses to execute a conveyance, sets out the procedural path to be followed, and explains the approach on an application to commit for contempt of court. Section 14 TOLATA 1996 empowers the court to declare the nature and scope of an individual’s interest in property held on a trust of land and/or to direct a sale of that property. Either a trustee or a beneficiary of the property is entitled to bring such proceedings. See Practice Note: Eligibility to apply under TOLATA 1996.

Order for sale

TOLATA 1996, s 14 grants the court a discretion to make such orders as it considers appropriate concerning the trustees’ exercise of any of their functions as it thinks fit. When deciding an application under section 14, including whether to order a sale of the property, the matters to which the court is to have regard include:

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 22/05/2026

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