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

Issue: 7397 / Categories: Case law , Judicial line , In Court

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS

Read All

NLJ this week: Reframing family dispute resolution

As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes

NLJ this week: Employment law updates on restraints, representation & tribunal boundaries

A busy period for employment law is producing important lessons for employers, employees and tribunals alike

NLJ this week Civil way: Practical procedure lessons & cautionary tales

From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

NLJ this week: Fraud in the digital age

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

NLJ this week: Right outcome, troubling reasoning?

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct?

Error message

CC judgment interest

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

Browne Jacobson—Professor Clive Kay