Writs of control must be enforced in the order in which they were lodged with the High Court Enforcement Officer (HCEO).
Obtaining priority for your writ
In a recent court of appeal case (Court Enforcement Services Ltd -v- Marston Legal Services Limited (formerly Burlington Credit Limited)), the court ruled that the old case law of writs sitting in priority to each other is still the case under the new Taking Control of Goods Regulations. So the first to lodge their writ with the HCEO gets priority.We encourage you to transfer your judgments to the High Court now, so that your writ will sit first in the queue ahead of any other writs received against the same debtor.We are continuing to receive increased volumes of new instructions from clients and think it likely that the priority of writs will be an important factor, particularly with regards to commercial debtors who may have several creditors.
Commercial debt enforcement
Following the Government’s staged approach to coming out of the lockdown, we are one of the first HCEOs to recommence enforcement visits at commercial addresses, in accordance with Government guidelines and the Best Practice issued by the High Court Enforcement Officers Association.
As and when Government restrictions are relaxed in respect of domestic addresses, that will allow enforcement agent visits to proceed, we will update you accordingly.
Transferring your writ to the High Court
You can instruct us online or via our client portal. We continue to make the applications to the courts for writs of control and are currently receiving sealed writs back within 48 hours.
On receipt of the writ, we are issuing Notices of Enforcement in accordance with the Taking Control of Goods Regulations 2013. Once the notice period has expired, we will make an enforcement visit to a commercial premises and once regulations are lifted, we will start enforcement visits at domestic addresses.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance