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England and Wales decisions
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The Court of Appeal dismissed 56 Fellows Road Limited’s appeal, holding that Mr Wolanski’s personal payment did not discharge the company’s judgment debt to ABC Block Management Limited.
The court dismissed a claim to recover goods seized under a writ of control, finding the enforcement agent reasonably believed they belonged to the judgment debtor.
Virgo-Williams v SHCE Ltd & Anor [2025] EWHC 1073 (KB) (14 May 2025)
The High Court dismissed a claim by a restaurateur alleging wrongful seizure of goods, finding the enforcement agent reasonably believed the goods belonged to the judgment debtor.
The HCEO is the proper respondent to a dispute about enforcement fees under a writ of control because the statutory scheme makes the HCEO responsible for the proceeds of enforcement, entitled to fees, and liable for the acts of the HCEA. The debtor is entitled to bring a fees dispute against the HCEO, and the HCEO should not be shielded from liability by the actions of the HCEA. The lower courts erred in holding otherwise.
Source excerpt
Bone v Williamson [2024] EWCA Civ 4 (11 January 2024)
Court of Appeal held that an HCEO is the correct defendant in a fees dispute under regulation 16, and that Schedule 12 is not self-contained.
Herring v [2023] EWHC 1332 (KB) (02 October 2023)
The High Court struck out Marcus Herring’s challenge to enforcement against partnership property after finding he used the wrong procedure and could not sue alone.
The High Court provisionally held that a County Court limited civil restraint order likely applied to the enforcement-related application, and stayed the matter pending permission.
Bevans & Anor v Buckenham & Ors [2023] EWHC 746 (KB) (16 February 2023)
The High Court held provisionally that a County Court civil restraint order applied to a later High Court enforcement application and required permission before it could proceed.
Sandbrook v Herring & Anor [2022] EWHC 2092 (QB) (25 January 2022)
The High Court held that section 23 of the Partnership Act 1890 is engaged where a writ of control affects partnership property, but left factual ownership disputes for later.
Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)
The High Court refused Dr Okonkwo permission to appeal against refusal to stay enforcement of a default judgment, finding no procedural irregularity or merit in her fraud allegations.
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