Taking control of goods under a County Court judgment of £5,000 or more (HCCCJO 1991, art 8)
Gwen Morgan obtained a County Court judgment for £12,500 against Hartley Kitchens Ltd for unpaid fees for bookkeeping services. The claim did not arise under an agreement regulated by the Consumer Credit Act 1974. Hartley has not paid. Gwen's solicitor knows that Hartley owns valuable machinery at its workshop and wants enforcement agents to take control of it and sell it.
In which court may Gwen enforce the judgment by taking control of Hartley's goods?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: Only in the High Court, by a writ of control, because the sum to be enforced is £5,000 or more.
THE RULE TO REMEMBER
A County Court money judgment enforced against goods must be enforced in the High Court if £5,000 or more is sought, and in the County Court if under £600 (HCCCJO 1991, art 8).
Taking control of goods under a County Court judgment of £5,000 or more (HCCCJO 1991, art 8)
Article 8(1) of the High Court and County Courts Jurisdiction Order 1991 governs where a County Court money judgment is enforced by execution against goods, now called taking control of goods. Under art 8(1)(a), such a judgment shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more. Under art 8(1)(b), it shall be enforced only in the County Court where the sum is less than £600. In any other case either court may be used (art 8(1)(c)). The exception in art 8(1A) for agreements regulated by the Consumer Credit Act 1974 does not apply. Gwen seeks to enforce £12,500, so execution against goods must take place in the High Court. In practice the judgment is transferred to the High Court for enforcement by a writ of control executed by a High Court enforcement officer.
Why A is wrong: Article 8(1)(a) requires enforcement against goods in the High Court where £5,000 or more is to be enforced, even for a County Court judgment.
Why B is wrong: Either court may be used only where the sum is £600 or more but less than £5,000 (art 8(1)(c)).
Why D is wrong: There is no £25,000 threshold; only sums under £600 must be enforced against goods in the County Court.
Why E is wrong: A charging order is a separate method of enforcement and is not a precondition to taking control of goods.
A little more practice done.
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