High Court Writ Fees Quiz

Questions and Answers

What is the primary role of an enforcement agent (EA)?

To authorize High Court Writs of Execution

To represent claimants in legal proceedings

To dispense justice in criminal cases

To take control of goods from a debtor who has not paid (correct)

Who appoints a judge?

The enforcement agent's company director

The Lord Chancellor on behalf of the King (correct)

The High Court Enforcement Officer

The Lord Chief Justice

What distinguishes a High Court Enforcement Officer (HCEO) from an enforcement agent?

HCEOs can only enforce low-value judgments

HCEOs are authorized to enforce Writs of Control and Writs of Execution (correct)

HCEOs have no authority to control goods

HCEOs operate under the jurisdiction of the Magistrate's Court

What is contained in a controlled goods agreement (CGA)?

An explanation of which goods have been taken into control Signup and view all the answers

What is a liability order used for?

To enable collection of unpaid council tax and national non-domestic rates Signup and view all the answers

Which of the following describes the role of a magistrate?

To handle criminal offences within the jurisdiction of the Lord Chief Justice Signup and view all the answers

What is a significant factor in the business operations of enforcement agents?

They often work as employees or subcontractors for various organizations Signup and view all the answers

What is the fixed fee for enforcement activities (Non High Court) related to amounts less than or equal to £1,500?

£235.00 Signup and view all the answers

How much is the Enforcement fee for an amount of debt valued at £7,500?

£685 Signup and view all the answers

What additional fee is added during the sale or disposal stage for an amount over £1,500?

7.5% Signup and view all the answers

At what stage does enforcement begin according to the described process?

From the first attendance at the premises Signup and view all the answers

What is the compliance fee amount defined in the fee structure?

£75.00 Signup and view all the answers

Which of the following stages is NOT included in the enforcement activities as defined?

Inspection of goods Signup and view all the answers

What factor influences the percentage fee for an enforcement amount over £1,500?

Total amount to be recovered Signup and view all the answers

What is required to calculate the enforcement fee for a High Court writ case?

Additional stages and fees specific to High Court writs Signup and view all the answers

What is the fee for enforcement under a High Court writ when the amount to be recovered is £5,000?

£490 Signup and view all the answers

What is the fixed Compliance fee under a High Court writ enforcement?

£75.00 Signup and view all the answers

Which of the following is not a type of disbursement that can be recovered from the debtor?

Cost of legal advice Signup and view all the answers

What is the total fixed fee charged for the 1st enforcement and compliance stage together on High Court Writs?

£265.00 Signup and view all the answers

What is the percentage fee for sales or disposals of amounts greater than £1,000?

7.5% Signup and view all the answers

Under what condition can enforcement agents recover disbursements from a debtor?

If costs incurred are actual costs Signup and view all the answers

If a debt amount is £8,000, what is the Enforcement Fee for NON High Court Debts

£722.50 Signup and view all the answers

Which of these stages does not carry a percentage fee when dealing with amounts over £1,000?

Compliance Signup and view all the answers

Study Notes

High Court Writ Enforcement Fees (May 2023)

Fee Structure includes fixed fees and percentage fees based on the debt amount.
Compliance Fee: £75.00; applicable to all debt amounts.
1st Enforcement Fee: £190.00; for debts over £1,000, a 7.5% fee applies to amounts above £1,000.
2nd Enforcement Fee: £495.00; no percentage fee separate from the fixed fee.
Sale or Disposal Fee: £525.00; a 7.5% fee applies to amounts over £1,000.

Calculation of Fees

For debts exceeding £1,000: Percentage fee = (Debt Amount - £1,000) x 7.5%.
Example Calculation: On a £7,500 debt:
- Percentage fee = (£7,500 - £1,000) x 7.5% = £488.
- Total fees = £488 (percentage) + £190 (1st Enforcement) + £75 (Compliance) = £753 + VAT (if applicable).

Disbursements

Recoverable disbursements must be reasonably and actually incurred, covering:
- Storage costs for goods removed.
- Costs related to taking control of goods.

Enforcement Agents and Officers

Enforcement Agents (EAs): Certified individuals authorized by the court under the Tribunals, Courts and Enforcement Act 2007, typically working for companies contracted by government authorities.
High Court Enforcement Officers (HCEOs): Authorized by the Lord Chancellor, responsible for enforcing Writs of Control and Execution related to debts over £600, excluding Consumer Credit Act judgments.

Legal Positions

Magistrate: Appointed by the Lord Chief Justice; oversees criminal cases.
Judges: Appointed by the Lord Chancellor, authorized to dispense justice.
Possession Claims: Involve recovering possession of land or buildings.

Enforcement Procedures

Taking Control of Goods: Involves an inventory and may require a Controlled Goods Agreement (CGA).
Enforcement Stage: Activities from initial attendance to beyond the first actions taken.
Sale or Disposal Stage: Actions from attending the property for goods transport to completion of sales.

General Fee Structure for Most Enforcement Activities

Compliance Fee: £75.00 for all amounts.
Enforcement Fee: £235.00; 7.5% applies for debts over £1,500.
Sale Fee: £110.00; 7.5% applies for debts over £1,500.
Example Calculation: On a £7,500 debt:
- Percentage fee = (£7,500 - £1,500) x 7.5% = £450.
- Total fees = £450 + £235 + £75 = £760.

Important Note

Always verify the latest fees; amounts may change over time.

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Description

This quiz tests your knowledge of the fees associated with enforcement under a Warrant of Control of a High Court Writ based on Taking Control of Goods Act. Learn about fixed fees and percentage fees at different stages of enforcement. Prepare yourself for the nuances of legal fees in the enforcement process.