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...

2016 civil judgment enforcement and contempt: CPR 73 charging orders, CPR 89 attachment of earnings, possession enforcement forms, and committal trends and sentencing (England and Wales)

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Practice notes

ARCHIVED: this Practice Note is archived, not maintained, and provided for background only. Some links may not reflect the provisions as at the date this guidance was published.

Judgment Enforcement and contempt proceedings for those who disobey—what do you need to know?

In 2016, changes—through revised and new CPR parts—altered how judgment debts are secured or enforced via charging orders and Attachment of earnings applications. There was also a notable rise in the court’s use of contempt powers against those who ignore its orders. In this 2016 review, we consider:

the updated route for applying for charging orders under amended CPR 73, effective from 6 April 2016—see below
the new procedure for seeking an Attachment of earnings order under CPR 89, in force from 6 April 2016—see below
the court’s issue of a Senior Master’s Practice Note on the correct form to use when enforcing a land possession order—see below
the increasing trend in committal applications for contempt of court—see below

Charging

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