Bar Training Course

Full Time 2022 - 2023

College of Business and Law

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CIVIL LITIGATION AND EVIDENCE

SGS 17

JUDGMENTS, ORDERS AND ENFORCEMENT

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Answers to MCQ/SBA

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TASK 3 - MULTIPLE CHOICE QUESTIONS/SINGLE BEST ANSWER QUESTION

1. Finlex Limited (“Finlex”) brought an action for breach of fiduciary duty and breach of
contract against Jonas Eiran Properties Limited (“Jonas Eiran”) in relation to a
proposed joint venture agreement. After prolonged negotiations the parties agreed
settlement terms. The terms of the settlement went beyond the issues in the
original dispute, in particular including a clear and unambiguous clause requiring
Jonas Eiran to provide funding for a future joint project. The terms were embodied
in a Tomlin order dated 7 February 2022. One year later Jonas Eiran broke the
terms of the agreement by refusing to provide funding for the future project.

Which of the following statements about how Finlex should now proceed is the best
option?

[A] Finlex can directly enforce the terms of the schedule without any further
order of the court.

[B] As the breached term was not in issue in the original claim, Finlex should
bring a new claim in order to enforce the agreement.

[C] Finlex should apply to set the Tomlin order aside and seek permission to
amend the particulars of claim to include a claim for breach of the agreement
in the Tomlin order.

[D] Finlex should invoke the ‘permission to apply’ clause in the Tomlin order and
seek an order requiring Jonas Eiran to comply with the agreement in the
schedule attached to the Tomlin order.

The best option is D.

See White Book - 40.6.2 which confirms the correct procedure if there is a breach of
the agreement in the Tomlin order is as outlined in option D.

Options A, B and C are wrong. B is wrong as the fact that the breached term of
settlement was not in issue in the original claim is irrelevant. The Tomlin Order is
especially useful when parties reach a compromise which includes elements which
the court could not have ordered (e.g. an apology from the defendant to the
claimant, or an agreement that the defendant would in future give the claimant the
right to bid for contracts at a reduced rate). These terms of agreement would be in
the Schedule to the Tomlin Order and the Order would state that there would be
permission to apply etc
C is wrong for the reasons set out at B but also, thinking about it - and using your
knowledge of the overriding objective - it would not be making the best use of the
court’s time and resources if a new claim needed to be brought to enforce the
agreement. A is obviously wrong – see WB 40.6.2. (see sixth paragraph on p.1393
“It is important to remember that the terms in the schedule are not part of the order

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as such. The terms in the schedule cannot be directly enforced as an order of the
court”.

2. The following statements purport to relate to Consent Orders. Which is the correct
option?

[A] A Consent Order must be expressed to be either "By Consent" or "Pursuant to

the Agreement of the parties" in order for it to be accepted by the Court.

[B] In all circumstances, Consent Orders must be signed by the parties to the
agreement (and not the legal representatives) to ensure compliance with its
terms.

[C] A Consent Order must be expressed to be "By Consent".

[D] A Consent Order must still be drawn up and filed with the court when
settlement has been reached before proceedings have been issued, if the pre-
action protocols have been followed by the parties.

C is the correct answer (CPR 40.6(7)(b)). Consequently, the wording in option A

is incorrect and so A is wrong. D is wrong as it is important to realise that the court
will not be aware of the proceedings if a claim has not been issued and so a Consent
Order would not be necessary (if an agreement were reached between the parties to
a dispute before proceedings had commenced, then that agreement could be
recorded in a settlement agreement and if the terms were subsequently breached
then the aggrieved party could sue under the terms of that agreement). B is wrong
as the Consent order must be signed by the legal representatives acting for the
parties to whom the order relates (or by the party if the party is a litigant in person)
(CPR 40.6(7)(c)).

3. Which of the following statements correctly identifies an aspect of a Tomlin Order?

[A] A Tomlin Order may only be used where it relates to an agreement for the
payment of money (including costs)

[B] Any direction or agreement for a sum of money to be paid out of court, or the
assessment of costs, must be included to the schedule to the Tomlin Order and
not in the body of the Tomlin Order.

[C] In the event of a breach of a term contained in the schedule to the Tomlin
Order, the aggrieved party can automatically enforce the term of the agreement
which has been breached.

[D] Any direction or agreement for a sum of money to be paid out of court, or the
assessment of costs, must be included in the body of the Tomlin order and not
in the schedule to the Tomlin order.

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D is the correct answer. It is important to understand the device of the Tomlin

Order (see reading at paragraph 40.6.2 of the White Book). It is useful where the
terms of the agreement go beyond what the court could order. Often the terms of
the agreement, if complex, go beyond what the court would order, or are sensitive
to public scrutiny, will be attached to a schedule to the Tomlin Order. The terms in
the schedule however, will not therefore strictly speaking form part of the body of
the Order and so could not be immediately enforced without a further order from the
court, hence the “permission to apply provision” (and so C is wrong). That is why
something which the court could order (such as a payment of a sum of money – or
costs) should be included in the body of the order and will therefore be directly
enforceable. As D is correct, B must therefore be wrong.

A is wrong due to the explanation above. A Tomlin order can be used for money
payments only but is more often used where the terms go wider (and A refers to
“can only be used” and so is therefore wrong).

4. Rowan has obtained a judgment for £15,000 against Morgan following a fast track trial in
the County Court at Taunton. Morgan fails to satisfy the judgment. Rowan obtains
information that Morgan is the owner of goods to the value of £15,000. Rowan now seeks
advice as to the process by which she may obtain control over these goods to satisfy the
judgment debt.

Which of the following procedures should Rowan follow in seeking to enforce the judgment?

[A] Rowan should apply to the County Court at Taunton for a Writ of Delivery.

[B] Rowan should apply to the High Court for a Writ of Control.

[C] Rowan should apply to the County Court at Taunton for a Warrant of Control.

[D] Rowan should apply to the High Court for a Writ of Possession.

The correct answer is B. If a party wants to gain control over the judgment debtor’s
goods this is done by Warrant of Control in the County Court and by Writ of Control in the
High Court. (High Court and County Court Jurisdiction Order 1991(SI 1991/724. Art 8(1))
(a) (WB Paragraph 83.0.17), CPR 83.2. and PD 70 paras 1A.1 and 1.1 NB Although this
case was heard in the County Court, judgments for £5,000 or more must be transferred
to the High Court for enforcement by the method of control over goods (83.0.17).

A Writ of Delivery (A) is appropriate to enforce a judgment for the delivery of goods and a
Writ of Possession (D) will secure possession of land.

5. Edosa has had judgment entered against her and has been ordered by the court to pay
Lucy damages in the sum of £5,000. Edosa is a self – employed hairdresser and has a
monthly income of approximately £1,500. This income is paid into a bank account she holds
with the Chartered Standish Bank. Her bank account currently is £200 in credit. She lives
with her boyfriend, Samuel, in a flat which they jointly own and which currently has an

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equity of £30,000. Samuel owns a high specification flat screen HD 52” TV and sound
system worth £4,000 which both he and Edosa enjoy.

Which of the following statements is the best advice to give to the judgment creditor in
relation to the enforcement of the judgment?

[A] The judgment can be enforced by a third-party debt order.

[B] The judgment can be enforced by a charging order against the flat.

[C] The judgment can be enforced by taking control of the TV and sound system.

[D] The judgment can be enforced by an attachment of earnings order.

B is the best advice (CPR 73) as Edosa and her boyfriend jointly own the flat and there
is sufficient equity in the flat to pay the judgment debt. See paragraph 73.0.4 in the
reading which states that a charging order can be made in respect of land which is
jointly owned with another, however, the order ranks as a charge on the judgment
debtor’s beneficial interest rather than upon the land itself. [A], although possible, is not
the best advice because Edosa only has £200 in the bank account and therefore it is not
worth using this method, particularly as the judgment debt is £5000.

[C] is wrong because Edosa does not own the TV and the sound system. See paragraph
84.0.2 of the White Book which confirms that items that do not belong to the judgment
debtor are protected from seizure by the enforcement agent.

[D] is wrong as the judgment cannot be enforced by an attachment of earnings order

where the judgment debtor is self- employed (Attachment of Earnings Act 1971, s 6 and
89.0.1).

6. You represented Evan in a County Court claim against Macy. Evan obtained judgment
for £6,000 and costs agreed at £2,500. This was 4 months ago, since which date Macy
has made no attempt to settle these outstanding sums. Your instructing solicitors are
aware that there are various methods of enforcement available to Evan and seek some
general advice from you.

Which one of the following is the correct advice to give?

[A] Evan, as the judgment creditor, may use any method of enforcement which is
available, provided such methods are used sequentially.

[B] The rules relating to enforcement of judgments or orders for the payment of money
include a judgment or order for the payment of money by way of damages, but do not
include a judgment or order for the payment of costs. Therefore, although you will be
able to advise Evan as to how to seek to enforce the judgment sum of £6,000, this
advice will not extend to the order for costs for £2,500.

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[C] If Evan wishes to consider an attachment of earnings order as a method of

enforcement, an application will need to be made to the High Court, to transfer the claim
from the County to the High Court as only the High Court has jurisdiction over this
method of enforcement.

[D] Where the sum which is sought to be enforced is more than £5,000 the judgment
must be enforced in the High Court.

D is the correct answer (explanatory notes at 70.3.2 in your reading).

A is wrong (see CPR 70.2(2)(a) and (b) which make it clear that a judgment debtor can
use any method of enforcement available either at the same time or one after the
other).
B is wrong (see CPR 70.1(2)(d) which makes it clear that rules relating to enforcement
of judgments also extend to cost orders).
C is wrong. The County Court (not the High Court) has exclusive jurisdiction over the
attachment of earnings enforcement method (see explanatory note 89.0.1).

7. Which one of the following statements regarding Orders to Obtain Information from
Judgment Debtors is correct?

[A] An order to obtain information from a Judgment Debtor may be obtained by a

potential claimant before a claim is commenced, to ensure that there will be a real
prospect of enforcing the judgment should the claimant be successful at trial.

[B] An application for an order requiring a Judgment Debtor to attend court will be made
on notice to the Judgment Debtor.

[C] An application for an order requiring a Judgment Debtor to attend court may be
made without notice and may be dealt with by a court officer without a hearing.

[D] A Judgment Debtor ordered to attend court will be questioned by a Judge unless the
court orders that the hearing should be before a court officer.

C is correct (see CPR 71.2(2)(a) and 71.2(4)) which sets out the procedure for the
order for information from the Judgment Debtor. A is wrong - see the reading at 71.0.1
which makes it clear that there must be a judgment before this procedure can be used
and that it is not available pre-action. B is wrong (see CPR 71.2(2) (a) which makes it
clear that the first stage of the procedure can be made without notice to the Judgment
Debtor).
D is wrong, the presumption will be that the questions will be asked by a court officer
and only in rare cases by the Judge (see CPR 71.6(2)). Note – PD 71 paragraph 2.2. – In
your reading – the questioning will take place before a Judge only of the court finds that
there are “compelling reasons” to do so.

8. George has obtained a judgment against Henry for £10,000. Henry is employed by the
local National Health Service Trust. Henry solely owns a house worth £200,000 which has
an outstanding mortgage on it of £195,000. Henry owns several valuable antiques. He
has several bank accounts, all of which are very substantially overdrawn and which have
been for some time. Henry has no other assets.

Henry has failed to pay the judgment debt. Which of the answers below represent the

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best advice to George about how he might want to enforce his judgment against Henry?

[A] George can enforce the judgment by a third-party debt order.

[B] George can enforce the judgment by an attachment of earnings order.

[C] George can enforce the judgment by a charging order.

[D] George can enforce the judgment by a Warrant of Control (i.e. by taking control
of the goods).

The best advice to George is that set out at B. An attachment of earnings order is
possible as we are told that Henry is employed and, so he will be earning a salary. It
would not be possible if he were self-employed. (CPR 89)

A is not appropriate advice to give because George cannot enforce the judgment by a
third-party debt order (as we are told that all his bank accounts are overdrawn). (CPR
72)

C is not the best advice to give – it is unlikely that a charging order would be of any
benefit to George – although we are told that Henry owns his own house, we are told
that it is encumbered with a mortgage of £195,000. (CPR 73)

D is not the most appropriate advice as although enforcement by way of writ of

control is possible as we are told that Henry has valuable antiques option D refers to a
warrant of control, which is wrong. Note that it is a writ of control as this would be
enforced in the High Court due to the value of the judgment (and so is not a warrant of
control in the County Court) (CPR 83 and 84)

9. A county court judgment has been obtained by Pets Like Us Limited (“Pets Like Us”)
against Doggy Hotels Limited in the sum of £4,000 for unpaid goods. Doggy Hotels
Limited has three new vans each worth £8,000 which are used to take the dog guests to
dog walks. Doggy Hotels Limited also owns a large mansion house, where the dogs
remain when their owners are on holiday. The mansion is valued at £ 1.2 m and has a
mortgage on it of £600,000. Pets Like Us has been advised that Doggy Hotels Limited
has a business bank account which is in credit, but they do not know with which bank or
the extent to which it might be in credit.

Pets Like Us has not received payment of the £4,000 following judgment, despite
numerous requests, and wants to commence enforcement proceedings.

Which one of the following is the best advice to give Pets Like Us who are keen to
recover the outstanding sums without delay?

[A] A warrant of control for the seizure and sale of a van.

[B] A charging order relating to the mansion owned by Doggy Hotels Limited; this would
lead to the automatic release of the judgment debt as the value of the mortgage is
substantially less than the value of the mansion.

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[C] A charging order relating to the mansion owned by Doggy Hotels Limited; this would
lead to the sale of the building, and the judgment debt could be taken from the proceeds
of sale.

[D] A Third-Party Debt order against the business bank account.

The best answer is A. A warrant of control and seizure of one of the vans. It could be
sold relatively quickly, if the threat of a sale did not make the judgment debtor pay up,
and the sum of £4,000 together with costs would be able to be recovered quickly – note
the words in the question carefully – you are instructed that the judgment creditor wants
to recover the sums “without delay” (see paragraph 84.0.2). Whether or not the vans
are “exempt” as tools of the trade is a question of fact in each case (see Sime chapter
48). Arguably, if they are not required as the main focus of the business (which is a dog
hotel) then they may not be. Also, only one van needs to be sold to satisfy the
judgment debt.

C is a correct answer, but it would take time to sell the mansion, and so would not be as
quick as option A. B is wrong, as it states that the charging order will lead to the
automatic release of the judgment debt, but this is not the case, as once a charging
order has been obtained, this means that a charge is put on the property, but it will not
release the funds until a further application is made for the sale of the property.

D is wrong as the judgment creditor, does not, at this stage have sufficient details about
the judgment debtor’s bank account – see PD 72 paragraph 1.3 which confirms that a
judgment creditor can’t make a speculative application (don’t forget that examination of
the judgment debtor could be ordered in order to find out this information).

10. Max obtained judgment against Lei in the sum of £8,500. Lei died before the
judgment debt was satisfied. Lei had, before her death, bought a Harley Davidson
motorcycle worth £18,000. Executors have been appointed to administer Lei’s estate,
including all her assets.

Max wants to enforce the judgment debt against the motorcycle but is unsure of what to
do and whether the judgment remains enforceable after Lei’s death.

What is the correct advice to give to Max?

[A] Unfortunately, as Lei is no longer alive, the judgment debt cannot be enforced.

[B] Max can proceed to enforce the judgment debt by issuing a writ or warrant of control
against the motorcycle in the normal way.

[C] After the death of a judgment debtor, judgment debts cannot be enforced against
personal goods (such as the motorcycle); Max should therefore seek information from
the judgment debtor’s executors, to determine whether there is a bank account in credit
to which a Third-Party Debt order could be attached.

[D] Max can proceed to enforce the judgment debt by issuing a writ or warrant of control
against the motorcycle, but only with the court’s permission.

The correct answer is D – See CPR 83.2(3)(c). This provision sets out some
circumstances where an application to the court (in the normal way in accordance with

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part 23 and without notice – see CPR 83.2(4) and (5)) may be made by a judgment
creditor for permission for a writ or warrant to be issued. CPR 83.2(3)(c) provides that
permission is required if an order is being sought against the assets of a deceased
person coming into the hands of the administrators or executors after the date of the
judgment or order and it is sought to execute against those assets – here Max will be
looking to execute against the Harley Davidson. Because this provision is available, A is
wrong as it suggests that there is no appropriate enforcement procedure once the
judgment debtor is dead; B is wrong as it does not take account of the fact that
permission of the court is required in these circumstances; C is wrong as it ignores the
possibility at CPR 83.2(3)(c).

11. Whilst Onita was away overseas on a three month placement for her employer last
year her neighbour, Christian, built a conservatory extension to his home without
planning permission. The conservatory extended over his boundary onto Onita’s land.
When Christian refused to rectify the situation, Onita obtained a mandatory injunction
from the Berkhampton County Court requiring him to demolish the conservatory and
make good the affected part of Onita’s land and boundary. The time limit for doing that
work has passed and Christian has done nothing about it. What should Onita do?

[A] Onita should seek an order for the committal of Christian to prison for contempt of
court.

[B] Onita should seek a direction that she may instruct a local building firm to do the
necessary works of demolition and making-good.

[C] Onita should seek a direction that she may instruct a local building firm to do the
necessary works of demolition and making-good and an order that Christian shall pay for
that work and the costs of the application to the Court.

[D] Onita should instruct a local building firm to do the necessary works of demolition
and making good and then seek an order that Christian shall pay for that work and the
costs of the application to the Court.

[B] is the correct answer – it reflects the provisions of CPR 70.2A(2).

[A] is possible (see CPR 70.2A(4)) but would not achieve what Onita needs (namely the
restoration of her land).

[C] suggests that Onita would need a specific order of the Court for Christian to have to
bear the costs of the work and the legal costs, whereas CPR 70.2A(3) makes clear that
Christian WILL bear the costs of the works and Onita may recover her legal costs from
him. [D] suggests that there is no need for Onita to seek a direction of the Court under
CPR70.2A before getting someone else to undertake the work, which may leave her
vulnerable to action from Christian as the works will, by their nature, affect his land and
property.

TASK 4 – UNSEEN MCQs

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1. Your client, Mabel, wants to enforce a money judgment in the sum of £40,000
obtained against the judgment debtor, Taj. Your instructing solicitors tell you that Taj
has a flat which he co-owns with his husband, Justin. The value of the flat is £120,000
with a mortgage to Barclays Bank plc of £80,000. This is Taj’s sole asset.

What is the best advice to give Mabel as to the next step to take to recover her
judgment debt?

[A] Mabel cannot make an application for a charging order against the flat as there is a
pre-existing mortgage to Barclays Bank plc.

[B] Mabel cannot make an application for a charging order against the flat as it is not
solely owned by the judgment debtor, Taj.

[C] Mabel can make an application for a charging order against the flat and must do so
by applying without notice to the County Court Money Claims Centre where the
application will be heard by a Court Officer. The interim charging order will then be
served on Taj alone.

[D] Mabel can make an application for a charging order against the flat and must do so
by applying without notice to the County Court Money Claims Centre where the
application will be heard by a Court Officer. The interim charging order will then be
served on Taj and Justin as the co-owners of the property .

D is the correct answer. See 73.0.1 and 73.0.4. This reflects the correct procedure to
apply for a charging order and reflects that it will be served on the judgment debtor and
any co–owner of any property which is being sought to be charged. B is wrong as it
suggests that a charging order cannot be obtained against a property which is co-
owned. C is wrong as it suggests that it is sufficient to serve the charging order on the
judgment debtor alone.

A is wrong as it suggests that a charging order cannot be obtained if there is a pre-

existing encumbrance on the property. That is not the case. A charging order can be
made, it is just that it will be subject to any prior encumbrances (paragraph 73.0.1).

2. Which one of the following statements correctly describes the time limit a party must
comply with in relation to a judgment or order against them for payment of money
(including costs)?

[A] Within 14 days of judgment or order, unless the judgment or order specifies
a different date for compliance (including specifying payment by instalments),
any of the Rules specifies a different date for compliance, or the court has
stayed proceedings or judgment.

[B] Within whatever time limit the judge provides in the judgment or order.

[C] Within 21 days of judgment or order, unless the judgment or order specifies
a different date for compliance (including specifying payment by instalments),
any of these Rules specifies a different date for compliance, or the court has
stayed proceedings or judgment.

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[D] Within 21 days unless the court has stayed proceedings pending an appeal.

Answer is A.

A correctly states the rule under CPR 40.11. Answer B is incorrect as, whilst it is broadly
correct, it does not correctly state the full position under the 40.11. Answer C is incorrect
as it states 21 days whereas the rule states 14 days. Answer D is incorrect as it suggests 21
rather than 14 days. D is also wrong because the basic principle is that an appeal should not
operate as a stay of any order or decision of the lower court – but this is not covered until
SGS18 (CPR 52.16).

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