Priority of writs update for Lockdown 3.0
Writs of control must be enforced in the order in which they were lodged with the High Court Enforcement Officer (HCEO).
Obtaining priority for your writ
In a recent court of appeal case (Court Enforcement Services Ltd -v- Marston Legal Services Limited (formerly Burlington Credit Limited)), the court ruled that the old case law of writs sitting in priority to each other is still the case under the new Taking Control of Goods Regulations. So, the first to lodge their writ with the HCEO gets priority.
We encourage you to transfer your judgments to the High Court straight away, so that your writ will sit first in the queue ahead of any other writs received against the same debtor.
We are continuing to receive increased volumes of new instructions from clients and think it likely that the priority of writs will be an important factor, particularly with regards to commercial debtors who may have several creditors.
Commercial debt enforcement
We have been undertaking enforcement visits at commercial addresses since the 18th May 2020 throughout all lockdowns and restrictions, in accordance with Government guidelines and the Best Practice issued by the High Court Enforcement Officers Association (HCEOA).
During Lockdown 3.0 (from 5th January 2021), HCEO’s are permitted to attend to enforce at residential premises, although they may not enter the premises. All enforcement must be in strict adherence with the Government Covid-secure guidelines and HCEOA best practice.
Transferring your writ to the High Court
You can instruct us online or via our client portal. We continue to make the applications to the courts for writs of control and are currently receiving sealed writs back within 48 hours.
On receipt of the writ, we are issuing Notices of Enforcement in accordance with the Taking Control of Goods Regulations 2013.
Once the notice period has expired, we will make an enforcement visit where payment has not been made, in line with the Taking Control of Goods Regulations 2013.