header-logo header-logo

04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
printer mail-detail

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

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll