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Practice Directions

Enforcement in the High Court of County Court Judgments (Writ of Fi Fa)

This Practice Direction is substituted for Queen's Bench Masters' Practice Direction No. 32 dated 28th June 1991 which is hereby revoked.

The practice for the enforcement in the High Court of those County Court judgments or orders to which Article 8(1) of the High Court and County Courts Jurisdiction Order 1991 applies shall be as follows:-

1. The applicant shall present to the judgment counter clerk a certificate of judgment of the County Court sealed with the seal of that court, setting out details of the judgment or order to be enforced, together with a copy of the same. There is no fee payable on registration.
   
   
2. The judgment counter clerk will check that the certificate has been signed by an officer of the issuing court (a rubber stamp is not sufficient), dated and that the certificate complies with County Court Rules Order 22, r.8(1A), and in particular with the requirement that on its face it states that it is granted for the purpose of enforcing the judgment (or order) by execution against goods in the High Court.
   
3. Provided that paragraphs 1 and 2 have been complied with, the counter clerk will:-

(a) Allocate a reference number, letter (according to the plaintiff's name) and year and endorse that on the top right hand corner of certificate and copy.

(b) Date seal the certificate and copy, return the original to the applicant and retain the copy for the court records.

(c) Enter the matter in a special register.

4. The certificate shall be treated for enforcement purposes as a High Court judgment and interest at the appropriate rate shall run from the date of the certificate.
   
5. The title of all subsequent documents shall be as follows:-

In the High Court of Justice	High Court No. County Court Plaint No.
Queen's Bench Division
(Sent from the County Court by Certificate dated the day of )
Between
	a.b.
		Plaintiff
	- and -
	c.d.
		Defendant

7. When a writ of fieri facias is issued, the Certificate of Judgment retained by the applicant shall be date sealed by the counter clerk on the bottom left hand corner and endorsed with the designation of the sheriff to whom the process is directed.

Although any application for a stay of execution should be made by summons in the High Court returnable before a Queen's Bench Master, all other applications for enforcement or ancillary relief must be made to the issuing county court.

8. District Registries - The above practice shall be followed in the district registries with such variations as circumstances may require.

R L Turner, Senior Master
Queen's Bench Division
31 August 1998