CC judgment interest

I understand that judgment debt interest in the county court ceases to run if and when enforcement action is taken?

I understand that judgment debt interest in the county court ceases to run if and when enforcement action is taken. Does an application for a charging order rank as enforcement for this purpose?

No. The County Courts (Interest on Judgment Debts) Order 1991 (SI 1991/1184) which establishes the creditor’s entitlement to interest on a judgment debt of at least £5,000 expressly excludes an application for a charging order as an enforcement step which would otherwise stop interest running. If other enforcement action fails to produce any payment from the debtor then interest is unaffected.

A wily debtor might pay a nominal sum under a warrant of execution and thereby stop judgment debt interest running for good. A creditor will avoid this trap if he enforces in the High Court where he is able to do so.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

CC judgment interest

I understand that judgment debt interest in the county court ceases to run if and when enforcement action is taken?

I understand that judgment debt interest in the county court ceases to run if and when enforcement action is taken. Does an application for a charging order rank as enforcement for this purpose?

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS

Read All

NLJ this week: When post-breach events rewrite damages claims

Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation

NLJ this week: Supreme Court redraws unfair prejudice rules

The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ

NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception

The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week

NLJ this week: CILEX warns Mazur ruling must spark reform

The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ

NLJ this week: Conditional job offers carry hidden risks for employers

A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

Error message

CC judgment interest

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

DWF—Stephen Webb

mfg Solicitors—Nick Little