Part 46
How Judgments may be Enforced
Contents of this part
| Scope of this Part | Rule 46.1 |
| How money judgments may be enforced | Rule 46.2 |
| Enforcement of orders for payment of money into court | Rule 46.3 |
| Enforcement of judgments and orders for possession of land | Rule 46.4 |
| Enforcement of judgments and orders for delivery of goods | Rule 46.5 |
| Enforcement of judgments and orders requiring a person to do an act within a specified time or not to do an act | Rule 46.6 |
| Enforcement of judgments and orders requiring a body corporate to do an act within a specified time or not to do an act | Rule 46.7 |
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| Scope of this Part 46.1 This part sets out the ways in which judgments may be enforced.
How money judgments may be enforced 46.2 (1) A judgment or order for payment of a specified sum of money other than an order for payment of money into court may be enforced by - (a) a writ of Fi Fa under Part 47; or (b) a charging order under Part 49; or (c) a garnishee order under Part 51; or (d) the appointment of a receiver under Part 52; or (e) a committal order under Part 53. (2) An order for committal under paragraphs (e) may only be made - (a) in the circumstances set out in section 3(2) of the Debtors Act, Chap 8:07; and (b) Where the judgment debtor has been required to make payment within a specified time or by a specified date which has passed. (The Debtors Rules deal with enforcement of a money judgment by judgment summons) Enforcement of orders for payment of money into court 46.3 (1) An order for the payment of money into court may be enforced by - (a) the appointment of a receiver under Part 52. (b) an order for confiscation of assets under Part 53; or (c) committal to prison under part 53.(2) An order for confiscation or assets or committal under paragraphs (b) or (c) may only be made if the order requires payment to be made within a specified time or by a specified date.
Enforcement of judgments and orders for possession of land 46.4 (1) A judgment or order for the possession of land may be enforced by - (a) a writ of possession of land; or (b) a confiscation of assets order under part 53; or (c) an order for committal to prison under Part 53 (2) An order for confiscation or assets or committal under paragraphs (b) or (c) may only be made if the court has given a judgment or made an order requiring possession of land to be given within a specified time or by a specified date.
Enforcement of judgments and orders for delivery of goods 46.5 (1) The ways in which an order for delivery of goods may be enforced depend on whether or not the judgment or order gives the judgment debtor the choice of paying the assessed value of the goods. (2) If it gives him the choice the means of enforcement are - (a) a writ of delivery to recover the goods or their assessed value under Part 47; or (b) a writ of specific delivery for the recovery of specified goods under Part 47; or (c) an order for confiscation of assets under Part 53. (3) A judgment creditor may only obtain a writ of specific delivery under paragraph (2)(b) if the court gives him permission. (4) Where the judgment or order gives the judgment debtor the choice of paying the assessed value of the goods that judgment or order may not be enforced by order of committal under Part 53. (5) However on the application of the judgment creditor the court may make an order requiring the judgment debtor to deliver the goods to the judgment creditor within a specified time or by a specified date and if the judgment creditor does not comply that order may be enforced by an order for committal under Part 53. (6) If the judgment or order does not give the judgment debtor the choice of paying the assessed value of the goods, the means of enforcing the order are - (a) an order for recovery of specified goods under Part 48; or (b) an order for confiscation of assets under Part 53; or (c) an order for committal to prison under Part 53. (7) He may only obtain an order for confiscation or assets or committal under paragraphs (2) or (6) if the court has given a judgment or made an order requiring delivery within a specified time.
Enforcement of judgments and orders requiring a person to do an act within a specified time or not to do an act 46.6 The general rule is that a judgment or order which requires a person - (a) to do an act within a specified time; or (b) to abstain from doing an act may be enforced by an order - (i) for his committal to prison under Part 53; or (ii) for the confiscation of his assets under Part 53.
Enforcement of judgments and orders requiring a body corporate to do an act within a specified time or not to do an act 46.7 (1) If the court - (a) gives a judgment such as is mentioned in paragraph 46.6, or makes an order such as is mentioned in that rule; and (b) the judgment or order requires a body corporate to do or abstain from that act, it may make an order - (a) for the committal to prison or for confiscation of assets against an appropriate person; or (b) for confiscation of assets of the body corporate. (2) In this rule "appropriate person" means a director or other officer of the body corporate. (3) The judgment creditor must apply for court's permission to issue an order for the confiscation of the appropriate person's assets. |