Updated: May 13
Going back to the mid-1990’s the Combined Certificate of Judgment and request for Writ of Fieri Facias or Writ of Possession form N293A was a very under-used piece of paper. It’s function then, as it is now, is to certify that a county court judgment or order has been made and is still outstanding.
This in turn allows a High Court Writ of Control or Writ of Possession to be issued, based on the certified fact that there is a judgment or order to enforce. As you can perhaps imagine High Court Enforcement Officers and enforcement agents working in their name must have a lawful authority for the action they take. This flows from the Writ itself, and the Writ must therefore be based on accurate court records.
Importance of the N293a
So. the importance of the n293a process in the enforcement process, and particularly between the county court and the High Court, is vital.
As the process of digitization of the courts unfolds there could be a lot of gnashing of teeth on how to replace this form that does this vital function – and works well in the offline world.
As digitization is on the horizon this form’s function remains the same – to confirm there is an enforcing a judgment or order which needs to be enforced – and we say – by High Court Enforcement Officers.
Ideally, the county court database should be the starting point for moving the paper form into an online process. The database in the county court system should join up all court business into one large database of all claims, their current status, and whether the judgment has been entered, satisfied, or cancelled, and what judgments or orders remain outstanding to be enforced. Sounds simple but we suspect HMCTS would have a lot of “issues” with this as their IT infrastructure may not have been designed to cope with one all-embracing system.
The fix for this is to export all the data from all the various HMCTS databases into one main database – which to those of us who know anything about IT is not impossible to do. Even archive records could be exported.
Let’s assume that this can be done and indeed already has been done by Registry Trust.
Now we would have a database of all court data in one place – and .gov.uk is a great place to start in allowing people to go to a central government website to get transfers for enforcement of possession order to the High Court. These government pages of information provide access to the enforcement system in a way that going to a court – whether it be a county court or High Court do not.