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Practice Directions

Note from the Senior Master regarding the Revision of the Provisions for the Enforcement of County Court judgments in the High Court


It has long been recognised that may judgment creditors and their solicitors find the enforcement of judgments and the recovery of commercial debts most effectively dealt with by means of the Writ of Fi Fa through the Sheriff.

This has been recognised by the reduction of the threshold for enforcing county court judgments in the High Court to £1,000.

However, this facility has been encumbered in the past by the need to complete three separate forms often duplicating the material on each.

Now this essential tool in the armoury of judgment creditors has been made much easier to use by the reduction of the process to a single form know as "Combined Certificate of Judgment and Request for Writ of Fieri Facias".

The opportunity has also been used to remove confusing in the minds of some as to whether the case has been "transferred" to the High Court or whether it remained for all purposes in the county court (except for the granting of a stay of execution by the High Court). Where enforcement is applied for under CCR Order 22, rule 8, 1A(a), the latter is the case.

This confusion has stemmed in the main from the use of the word "Transfer". Many practitioners and court staff have thought that the whole of the county court action had been transferred to the High Court when it was only the judgment creditor's intention to enforce the judgment by the Writ of Fi FA through the Sheriff leaving the case effectively for all other purposes in the county court.

The word "Transfer" has been omitted from all aspects in the procedure and the form makes it clear that apart from the enforcement by Writ of Fi FA or the granting of a stay of execution by the Practice Master, no other action will be undertaken in the High Court. The court file will remain in the county court and all applications, apart from those seeking a stay, will be made in the county court. The case has NOT been "Transferred" to the High Court.

The form also includes my Practice Direction No 32 which explains the procedure to be followed.

Senior Master Turner



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