County Court Judgements

A creditor may decide to take legal action in order to recover a debt owing to him. The action will take place in the County Court and the procedures, depending on which 'track' the case is allocated to, are set out below.

The Small Claims Track

Claims that have a financial value of not more than £5,000 will be allocated to the small claims track. The court may adopt any method of proceeding at a hearing that it considers to be fair. Hearings are informal, the strict rules of evidence do not apply, the court need not take evidence on oath, it may limit cross -examination, and it must give reasons for its decision. No expert evidence may be given except with the court's permission and no solicitor's costs may be recovered.

The Fast Track

The fast track will be the normal track for any claim which does not come within the small claims track and which has a financial value of not more than £15,000, provided that the trial is likely to take no more than one day. When allocating a case to fast track, the court will give directions for the management of the case and set a time table for the steps to be taken between the giving of directions and the trial. When giving directions the court will also either fix the trial date or a period (not exceeding three weeks) within which the trial will take place. The standard period between the giving of directions and the trial will be not more than 30 weeks. The amount of costs recoverable in fast track cases is strictly limited. For example, the maximum basic trial costs that may be awarded is £750 for cases where the value of the claim exceeds £10,000, plus an additional £250 if the court considers it necessary for a party's legal representative to be present in addition to an advocate

The Multi-Track

The multi-track is the normal track for all claims for which the small claims and fast track qualifications do not apply. The court will be responsible for the management of multi-track cases and must fix a trial date, or a period within which the trial is to take place, as soon as possible.

Who can take

In general, any individual, partner, firm, company, or trustee may take proceedings in the County Court.

Witnesses

Any person summoned as a witness who refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced, or who refuses to be sworn or give evidence, can be fined at the judges' discretion.

Right of Audience

In any proceedings in a County Court, the following may address the court:

1. any party to the proceedings;
2. a barrister retained by any party;
3. a solicitor, or their agent, acting for any party;
4. any other person allowed leave of the court to appear instead of any party.

Appeals to the Court of Appeal

If any party to any proceedings in a County Court is dissatisfied with the determination of the judge or jury, he may appeal to the Court of Appeal, subject to obtaining the leave of the judge or of the Court of Appeal, in certain prescribed classes of proceedings.

Enforcement

A judgement of a County Court may be enforced in a number of ways:

1. by warrant of execution issued by the district judge against the debtor's goods which can then be seized. However, such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment or business, and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family, are protected from seizure;
2. by making a charging order imposing a charge on any such property of the debtor as may be specified in the order;
3. by the appointment of a receiver;
4. by an attachment of earnings order. This is an instruction by the court to the debtor's employer to make deductions from the debtor's earnings and pay them to the court. Whenever an employer makes a deduction from the debtor's earnings, he may also deduct £1 towards his administrative costs and he must give the debtor a written statement of the total amount deducted. If the debtor changes his employment or becomes unemployed, the order will not come to an end but will lapse until re-directed to a new employer. 'Earnings' includes overtime payments, fees, bonuses and commission.
5. by making a garnishee order, where a third party (the garnishee) is ordered to pay to the creditor a debt he owes to the debtor.

For more information on CCJ Enforcement see our other article.