Judges Demand

A little information about High Court Judgments..

Published On: 23rd July 2011

When you are seeking to obtain a judgment for a debt of £25,000 and above, the claimant may choose to use the High Court instead of the County Court.

Depending upon the circumstances of the claim, the case will be held in either the Queen’s Bench Division or the Chancery Division and the successful claimant will be awarded a High Court Judgment.

Unless the judgment is set aside, reversed or paid in full within one month, the judgment will remain on the Register for six years, exactly as a County Court judgment will.

Should the High Court judgment subsequently need enforcing to secure payment, the enforcement may only be undertaken by a High Court Enforcement Officer (HCEO), using a writ of execution. In the case of judgments for money, this will be a writ of fieri facias (fi fa).

The judgment will obviously not need to be transferred to the High Court for enforcement as a County Court Judgment would. However, a writ is still required and must be applied for using Form PF86A. If the judgment was obtained in the Chancery Division then a statement of truth or sworn affidavit will be required to support the request for a writ of execution. When applying for the writ, the claimant will also need to provide a copy of the judgment and the court fee, currently £60.

Once he has the writ of fi fa, the HCEO will enforce in exactly the same way as he would a CCJ transferred to the High Court for enforcement; all the same rules and procedures apply.