Enforcement - Investigating Debtor's Means

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When should investigations about the debtor's means typically take place?

At the end of the action, post judgment

At the beginning of the matter (correct)

After the debtor's assets have been located overseas

During the enforcement phase

What is the primary source of information about the opponent in debt recovery?

Official copies from the Land Registry

The client who has done business with the opponent (correct)

Searching against other relevant registers

Enquiry agents' reports

What is the role of enquiry agents in debt recovery investigations?

They assist with asset location overseas

They gather extensive information on individuals or companies (correct)

They provide official copies from the Land Registry

They conduct company searches

Which activity is NOT typically mentioned as part of investigating a debtor's means?

Searching against irrelevant registers Signup and view all the answers

Why should a reputable firm be instructed when using enquiry agents?

To avoid any misconduct being imputed to the solicitor Signup and view all the answers

When should investigations about the debtor's means be updated or repeated?

After the action has ended and post judgment Signup and view all the answers

What information is included in the Register of Judgments, Orders and Fines?

Debtor's name, address, and amount of outstanding debt Signup and view all the answers

How long do County Court judgments remain registered on the Register of Judgments, Orders and Fines?

Six years Signup and view all the answers

What can a judgment debtor do to have an entry on the Register of Judgments, Orders and Fines cancelled within one month?

Request cancellation at their own discretion Signup and view all the answers

When a judgment is satisfied after one month, what can the judgment debtor obtain to prove payment?

Certificate of satisfaction Signup and view all the answers

Which type of judgments are recorded on the Register of Judgments, Orders and Fines since April 2006?

High Court judgments Signup and view all the answers

What specific information about the debtor can be found by checking the Register of Judgments, Orders and Fines?

Outstanding judgments against them Signup and view all the answers

What is the purpose of using the procedure in CPR 71 to obtain information from the judgment debtor?

To assist in identifying the judgment debtor's assets for enforcement purposes Signup and view all the answers

In the context of enforcing a judgment against a judgment debtor with assets abroad, what is a possible course of action according to the text?

Using the English courts to enforce the judgment in the foreign jurisdiction Signup and view all the answers

What is a key feature of the conventions and treaties that the UK is a signatory to for enforcing judgments abroad?

They enable judgments from one country to be enforced in another through registration Signup and view all the answers

When can judgments from a court of England and Wales be enforced in a foreign jurisdiction under reciprocal arrangements?

When the foreign jurisdiction is part of a reciprocal arrangement with England and Wales Signup and view all the answers

What is the primary mechanism used for enforcing judgments between countries under the conventions and treaties mentioned?

System of registration enabling enforcement as if local judgments Signup and view all the answers

In enforcing foreign judgments in England and Wales, what is required according to the text?

Necessary application and registration processes with English courts Signup and view all the answers

What happened to many reciprocal agreements after the UK's withdrawal from the EU (Brexit)?

They ceased to apply to judgments instituted after 31 December 2020. Signup and view all the answers

Under which circumstance would the enforcement of judgments be much more difficult under the common law?

When the country concerned is not a party to any regime. Signup and view all the answers

In which situation does the Hague Convention on Choice of Court Agreements apply to English and Welsh judgments in EU states?

Only when the English court had jurisdiction under an exclusive choice of court agreement. Signup and view all the answers

What determines whether a judgment can be enforced abroad under the common law regime?

The common law of the country where enforcement is sought. Signup and view all the answers

How are judgments from former Commonwealth countries and other countries treated in terms of provisions?

They fall under different provisions depending on the foreign jurisdiction involved. Signup and view all the answers

What is emphasized as necessary when enforcing an English judgment abroad under common law?

Seeking advice from a local lawyer in the foreign country. Signup and view all the answers

What must be obtained to enforce a foreign judgment in England & Wales under common law?

A judgment from an English or Welsh court Signup and view all the answers

When can a judgment creditor apply for a certified copy of the judgment for enforcement in foreign countries?

After appealing the foreign judgment Signup and view all the answers

What procedural step should be taken after identifying the foreign jurisdiction and applicable regime?

Following relevant procedure under the CPR Signup and view all the answers

In which situation would a judgment creditor issue proceedings for non-payment of a debt?

When seeking to enforce a foreign judgment in England & Wales under common law Signup and view all the answers

What is required to support the application for a certified copy of a judgment before enforcement in foreign countries?

Written evidence exhibiting claim form, statements of case, and evidence served on defendant Signup and view all the answers

What type of judgment is needed before applying for summary judgment under CPR 24 for enforcing a foreign judgment in England & Wales?

Final judgment with no appeal in the foreign court Signup and view all the answers