The Spider’s Web When Enforcing Your Judgment

Updated: Oct 7

As High Court Enforcement experts, we are of course interested in the dry stuff which is the Civil Justice Quarterly published Her Majesty’s Courts & Tribunals Service (HMCTS).

Our of these stats some interesting insight appears in relation to claims and judgments that are entered on the back end of the claim process.

Of course, this is interesting to us because judgments are the raw material which keep Shergroup Enforcement Agents busy. So, in the Q1 report of 2019 (see ) it was reported that judgments increased by 2% compared to same quarter in 2018, with default judgments up 2%. There were 363,500 judgments made in January to March 2019, of which 325,000 were default judgments. The proportion of default judgments (89%) has remained the same when compared to the same quarter in 2018.

Our quest is to turn as many of these judgments into cash for judgment creditors who now have the benefit of an enforceable order for the payment of money. So, we continue to nudge and encourage judgment creditors to take judgments over £600 in value to the next level. By transferring them to the Higher court, they can access High Court Enforcement Agents who compel payment wherever possible under a High Court Writ of Control. Although warrants decreased by 9%, when compared to same quarter in 2018 a staggering 96,200 warrants were issued of which more than three quarters (78%) were Warrants of Control.

A reason for this increase is highlighted in the report as being “the introduction of the Secure Data Transfer system in July 2014 by HMCTS for the issue of warrants of control. This enables bulk customers to not only issue money claims digitally, but also the subsequent enforcement by a warrant; speeding up and simplifying the process, which has led to a customer preference for warrants over other types of enforcement.

We are not sure we are with HMCTS when the report says that customer preference is the use of the Warrant of Control. If it is then this is something that needs fine tuning. Sending thousands of Warrants to a court system which is unenthusiastic about achieving a positive creditor experience is not a preference – it’s a spider’s web of being caught up in an automated process.

What users have to do is figure out the exit from this automated Warrant of Control process. Just like the Hobbits in Lord of the Rings they will have to hack their way through to the alternative. All they need is the form of judgment, and once that is sent to an HCEO, such as our very own Claire Sandbrook, it can be converted into a Writ of Control. The advantage is faster attendance times, better reporting, and enthusiastic and trained agents who work to achieve the best possible outcome. Our approach is balanced against the need to be fair to the Judgment Debtor.

Book a call with Claire Sandbrook or a member of the Shergroup TEAM if you would like to review your current enforcement strategy and improve your own stats.

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