The Basics: How To Enforce A Domestic Judgment In England & Wales

Whilst receiving a judgment in your favour may feel like the culmination of a potentially lengthy legal process, it may be just the first step (though an important one) on the path to financial recovery. In our latest insight, we look at how and when you can enforce a judgment to realise payment of any damages or costs which have been awarded.

What is enforcement?

Enforcement describes the process of recovering what you have been awarded in a judgment. It is often used as a catch-all term for a number of technically distinct legal processes on the way from judgment to realisation, which may include, depending on the circumstances:

Enforcement - the court giving permission for the beneficiary of the judgment to enforce it; and Execution - actually taking steps to secure payment of the judgment debt. In this article, we focus on enforcing money judgments of the courts of England & Wales within the jurisdiction. Many of these methods are however equally applicable to enforcing domestic arbitration awards. Under the Arbitration Act 1996, where an arbitration seated in England & Wales (or Northern Ireland) produces an award, that award can, with leave of the court, be enforced in the same manner as a court judgment to the same effect.

When can I enforce my judgment?

Unless a different period is specified in the judgment, a party must comply with a judgment or order for the payment of a sum of money (including costs) within 14 days of the date of judgment. The party with the benefit of the judgment (the judgment creditor) should ensure that the judgment is served on the judgment debtor. If payment is not made within 14 days (or by such other time as specified in the judgment) then the judgment creditor can seek to enforce the judgment. If the judgment provides for payment by instalments, then a missed instalment can also be a trigger to enforcement.

It is however possible for the judgment debtor to ask the court to stay execution of the judgment (i.e. order that it cannot be enforced) while they appeal the judgment. If such a stay is granted, then the judgment creditor won't be able to enforce the judgment pending the outcome of the judgment debtor's appeal. However, judgment debtors should note that enforcement of a judgment is not automatically stayed when a judgment is appealed. If you wish to stay enforcement while challenging the underlying judgment, you need specifically to seek and receive a stay of execution from the court. Such an...

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