If you have a debt that needs to be recovered in Scotland or Northern Ireland - we have the team to help. Call us today for fast effective advice.
Our specialist team are experienced in enforcing judgments obtained in the courts of Scotland and Northern Ireland in England and Wales. A creditor may wish to do this where a judgment debtor is based in, or has assets in, England and Wales.
Our team can also help a creditor to assess the most effective enforcement method and to trace assets in England and Wales before commencing the process.
Enforcing a Scottish decree or judgment from Northern Ireland in England and Wales
The process for enforcing a judgment obtained in Scotland in England and Wales is set out at Rules 74.14-74.18 of the Civil Procedure Rules (“CPR”) and sections 18, 19 and Schedules 6 and 7 to the Civil Jurisdiction and Judgments Act 1982 (“CJJA 1982”). The procedure distinguishes between money and non-money judgments but the process is largely the same.
A creditor must first obtain a sealed certificate from the originating court, detailing the judgment debt due. This is achieved by the creditor making an application for the certificate, which much be accompanied by a notarised affidavit and by paying the application fee.
On receipt of the certificate from the originating court, a creditor must then take steps to register the judgment / decree with the High Court of England and Wales and must do so within six months of the date of issue of the certificate (CPR 74.15 (2))
Upon registration of the judgment / decree with the Courts of England & Wales, the creditor may enforce the judgment as if it were obtained in England and Wales. See our article on enforcement for more information on the different methods of enforcement available to a creditor.
“I have had a decade long relationship with FWJ and have instructed them on a wide variety of claims, both litigation and insolvency based. I enjoy working with them as they listen to what I need and their advice is always commercial and astute. I have also been deeply impressed by their continued commitment to using technology to assist in the recoveries process. Their interactive case management system is particularly impressive delivering quick, accurate solutions together with very helpful case reporting.Risk director at Aldermore Bank, Invoice Finance
Contact our team for further advice regarding enforcement of a Scottish or Northern Ireland Judgment in England and Wales. We provide fast effective advice wherever you are based.