Enforcement of judgments
A judgment is only valuable if it can be enforced against the debtor's assets. SQE1 tests the main enforcement methods and how to select the right one based on what assets the debtor has.
What "Enforcement of judgments" covers
- Before enforcing, the creditor may obtain information about the debtor's assets by an order to attend court for questioning (CPR 71).
- Taking control of goods allows an enforcement agent to seize and sell the debtor's goods under a writ of control (High Court) or warrant of control (County Court).
- A third party debt order freezes money owed to the debtor by a third party, such as a bank, and directs payment to the creditor (CPR 72).
- A charging order secures the judgment debt against the debtor's land or securities; it gives security only, and an order for sale is needed to realise it (CPR 73).
- An attachment of earnings order directs the debtor's employer to deduct sums from wages and pay them to the creditor.
- Insolvency routes — a statutory demand followed by bankruptcy or winding up — can be used where the debt exceeds the relevant threshold, but are not primarily enforcement of the judgment.
- The choice of court to enforce depends on the sum: County Court judgments of £600 or more may be transferred to the High Court for enforcement, and judgments of £5,000 or more must generally be enforced by taking control of goods in the High Court.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For enforcement of judgments, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Choosing an enforcement method without first establishing what assets the debtor actually has (via a CPR 71 examination).
- Treating a charging order as producing immediate payment — it only creates security, so an order for sale may be needed to realise the debt.
- Confusing a third party debt order (attaching money owed to the debtor) with taking control of goods (seizing the debtor's chattels).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on enforcement of judgments.
FAQ
Is enforcement of judgments tested on SQE1?
Yes — enforcement of judgments is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is enforcement of judgments examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR Part 70 (enforcement: general), CPR Part 71 (obtaining information from a debtor)) helps.