Aids to enforcement — overviewOral examination

Information hearings The purpose of an information hearing is to establish the income, assets and liabilities of the debtor. It is a useful means of identifying the most appropriate method of enforcement. The debtor may be cross-examined. Failure on the debtor's part to attend may ultimately result in committal for contempt. The application for an order to obtain information from a judgment debtor should be made according to the Practice Direction to Part 71 of the CPR.

Obtaining the address of the debtor

Where the debtor's whereabouts are unknown, an application may be made for the court to request the disclosure from a government department, such as the Department for Work and Pensions, of the address of the judgment debtor.

Injunctions

If it appears that the debtor may dispose of an asset or otherwise deal with it in a way that would frustrate the ability of the applicant to enforce the judgment or order, steps should be taken to protect the assets. It may be necessary to apply for an injunction under the Matrimonial Causes Act 1973, s 37, which is specifically made available in aid of enforcement. In addition, the court has power under the Supreme Court Act 1981 (SCA 1981) and the County Courts Act 1984 to make freezing orders protecting assets in the UK and abroad. Under SCA 1981 the High Court can make an order to prevent a debtor from leaving the jurisdiction until they have attended the hearing of the enforcement application.

Notices and restrictions

Notices and restrictions may be used to preserve an asset in respect of which an order or judgment is to be enforced. A notice is an entry on the land register notifying any potential purchaser of the creditor's interest in the land. It binds any third party that acquires the land.

A restriction may be applied for if it is believed that the debtor intends to dispose of or charge or deal with a legal estate. Under the Land Registration Act 2002 the court has power to make an order requiring the Chief Land Registrar to enter a restriction in the Proprietorship Register that prevents or regulates the making of entries in the register. There is a prescribed category of potential applicants, which includes someone who has sufficient interest in the making of an entry.