Warrant of Committal The following provisions have been modified by the Fines Act. See the separate section on the Fines Acts. A warrant of committal to prison or committal in default of payment of a penalty must be in clear terms and must show the name of the institution or prison to which the accused is committed. A warrant issued and recognisance entered in respect […]
Execution Execution refers to the various means of enforcement of court orders. There are various methods to enforce compliance with the terms of a court order, such as for delivery of possession of property or for payment of money. Enforcement is known as execution. In many cases, court orders will be obeyed and execution will not be necessary, because the person subject to enforcement will […]
Court Orders A court order is drawn up by the court offices, usually in cooperation with the claimant’s solicitor. Generally, a court order must be obeyed immediately without demand. However, in the case of some (but not all) types of enforcement, the court order must first be served on the defendant against whom enforcement is sought, before enforcement can commence. A settlement that is not […]
Context Execution is the process by which court orders are enforced and implemented. Court orders are not implemented automatically. Generally, the party who seeks enforcement must take the initiative unless the defendant complies with the order voluntarily. There are incentives for voluntary compliance in terms of costs, credit rating and avoidance of the intrusion of the various means of enforcement. There is a range of […]
Judgment Mortgages A Judgment mortgage is a means by which a court order for money can be converted into a mortgage registered against a debtor’s property. The procedure does not require an application to the court. However, the sale of property subject to a judgment mortgage order requires a court order. The sale is conducted under court supervision. Any court order for the payment of […]
General Any person who obtains court judgment for a fixed sum may create a judgment mortgage on the debtor\’s property in the manner prescribed. The registration of a judgment mortgage creates a statutory mortgage over the interest of the judgment debtor in the lands concerned. A judgment mortgage is created and registered by lodging an affidavit in the requisite form in the Land Registry or […]
Overview Committal to prison can take place where there is deliberate refusal to obey a court order. This is not generally a punishment in the sense that imprisonment for crime is for a particular sentence for a crime that has occurred. Committal for disobedience lasts only for so long as the person deliberately refuses to obey a court order, with which he could comply. It […]
Attachment and Committal Attachment and committal is a method or process for execution of civil judgements and orders It is also employed for punishing other instances of contempt of court. The purpose of the process is to compel compliance with the judgment. It is not a criminal process nor is it punitive in nature A writ of attachment directs the sheriff to attach a person […]
Procedure for Enforcement There are a number of means of enforcement against a debtor’s intangible assets, which each require an application to the court. In each case, the application is for a court order directed to a third party to secure that the asset is secured for the judgment creditor. There are a number of distinct procedures, which have a broadly similar procedure. The application […]
Enforcing against Shares The court may make a charging order over shares. The application is a one-sided application and is made without notice in the first instance. The other party may apply to vary the order.The order may be granted. The application must be supported by proof of the title of the defendant to the shares. The effect of the order is to entitle the […]
General Sequestration is in the nature of contempt. It is not applicable to criminal cases. It is a form of civil execution, exclusively. Sequestration is particularly appropriate against corporate defendants. It may issue for breach of a negative or positive obligation under a judgment. It requires prior service on the party who is subject to the judgement or order. It is founded on disobedience of […]
Order for Possession The modern order for possession issued by the courts is a combination of the remedies formerly issued by the courts of law and the courts of equity. The court of laws remedy, directed the sheriff to recover possession. The courts of equity order was directed against person in possession. The High Court and Circuit Court rules make provision for the making of […]
The Sheriff There is a sheriff or County Registrar with the powers of a sheriff for each county. The sheriff has the power to seize the debtor’s goods to enforce a court order for money due. The procedure is commenced by the creditor or his solicitor sending details of the court order, together with certain other documents and fees to the sheriff or County Registrar. […]
General The office of Sheriff is a very ancient office, dating back to the early middle ages. Formerly, they played a variety of roles in administration, the judicial sphere as well as in enforcing the law. One of their principal remaining roles is the enforcement of court orders, by the seizure and sale of goods Where no sheriff stands appointed, the County Register\’s exercise the […]
Orders to Sheriff The principal orders which a sheriff executes under High Court jurisdiction are the following: fieri facias (to seize goods in execution); venditioni exponas (directing a sale of goods for the best price where not sold); delivery; possession In the Circuit Court, the sheriff or County Registrar may execute the following: execution order against goods; execution order against specific chattels; execution order for […]
New System of Attachment The Civil Debt Procedures Act 2015 provides a general systems for enforcement of civil debts by attachment of earnings and deduction from social welfare payment. Provided that the debtor has capacity to pay, the attachment of earnings order requires the debtor\’s employer to deduct the specified sums and pay it to the creditor. In the case of their social welfare payments, […]
Court Orders in the lower Courts District and Circuit Court practice and procedure in relation to the issue and enforcement of court orders is broadly similar to that in the High Court. The District and Circuit Court Rules make specific provision for the enforcement of their respective court orders, which differ in some respects to the High Court rules, set out in the section on […]