Enforcing an Order
I sometimes wish that people would put a little more emphasis upon the observance of the law than they do upon its enforcement.
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Start here with …
… how do you enforce an order?
Vocabulary
Listening Activity
Writing Activity
Check your Prepositions
General Vocabulary
to win a case
a small fortune
business premises
self-employed
a bit shabby
new competition
a deposit
to turn up
to earn a living
a Charging Order
substandard work
to take to court
small claims court
to take out a loan
an installment
a claim
outcome of a case
to seize
legal interest in an asset
to hold by a third party
to award
interest and costs
to enforce a judgment
bankrupt
a bailiff
sold at auction
waived
hasn’t paid a penny
to put a charge
to draw a line
Listening Activity
Area of Law: Civil Litigation
Listening Task: Complete all questions below
Timing: 8 minutes long
Mr Fry thinks that the cost of his case in the County Court was very cheap.
True / False
Mr Fry’s business is called Roma Takeaway Pizza and is near the Post Office.
True / False
Mr Fry noticed that the weekly income from his business fell very suddenly last year when several competitors opened takeaway restaurants in the area.
True / False
Mr Fry had agreed to pay his builder a deposit of £4000 followed by a further lump sum of £12,000.
True / False
When Mr Fry decided to pay his loan back to the bank, the bank decided to reduce the penalty for early repayment.
True / False
The total amount the builder now owes to Mr Fry is £4,655.90.
True / False
The lawyer says that the reason why many defendants don’t pay the sum they owe after losing in court is that they are simply unwilling to do so.
True / False
The lawyer explains that Mr Fry will need a further document from the court in order to instruct bailiffs.
True / False
A bailiff cannot seize anything that a debtor definitely needs in order to do his or her job.
True / False
The solicitor says that obtaining a Charging Order over the builder’s house will not give Mr Fry the legal right to force the sale of the house immediately.
True / False
Audio Transcripts
Listening 8
Lawyer: Good afternoon, Mr Fry. Please take a seat. Now, how can I help you today?
Mr Fry: I’m getting near the end of my tether, Mrs Hill. I’m beginning to wonder if our court system works at all. I’ve already won a case in the County Court, which cost me a small fortune and I’m not sure, that after all I’ve been through, I’m any further forward than I was 12 months ago.
Lawyer: Oh dear, I’m sorry to hear that. Would you like to tell me what’s happened?
Mr Fry: Well, I contracted with a builder last year to do some work on my business premises and a little bit of extra work on my home. I’m self-employed, Mrs Hill, and I have a small fish and chip shop in the town centre. You probably know it; it’s called ‘Fry’s Fries’, between Roma Takeaway Pizza and the Post Office. I live in a flat above the shop. Neither the shop nor the flat had had any work done on them since 1990, and they were both looking a bit shabby. I noticed last year that there was suddenly a lot of new competition in town, with 5 new food takeaways opening within a few streets of me. They all look very new and up-to- date, and I noticed my weekly takings were dropping like a stone. I decided to modernise my business premises and to add a small, sit-down café section. And I wanted new windows put in the flat. Just to give the whole place a facelift.
Lawyer: I see. And I’ve a horrible feeling you’re going to tell me that you paid him and he either did no work at all or substandard work.
Mr Fry: Exactly right. So, I took him to court last year to get my money back. I can’t tell you how stressful it was, because I went to the Small Claims section of the County Court and represented myself. I sued him for the return of the £4000 deposit I’d paid him. I’d agreed to pay him £12,000 more in 4 instalments, as the work was carried out, but luckily I realised there was a problem long before I paid any of that. I’d taken out a loan over a period of 5 years to pay for the work, but luckily, the bank allowed me to pay it back immediately, and they even waived the early payment penalty due under the loan agreement. However, my business was closed for 3 weeks longer than I’d expected, because he started the work, but then just didn’t turn up again. I’d expected just to be closed for a week. But I had to close the shop for almost a month, as my insurers told me I wouldn’t be covered for any claim made by a visitor to my premises while the shop was in such an unsafe condition. In the end, I got another builder in to finish the job.
Lawyer: And was the outcome of your court case?
Mr Fry: Well, that’s why I’m here. I won, but I’ve got no money back. The judge awarded me my £4000, plus interest and costs. I didn’t even bother trying to claim for the loss of earnings as I was trying to make it quick and simple. The total sum the builder owes me is £4,655. 90. But he hasn’t paid a penny. I thought once I had won in court I’d be sure to get my money back straight away. But apparently not. It’s a joke, is what it is!
Lawyer: I see. You have my sympathy Mr Fry. According to research carried out by consumer groups, one in four successful claimants in court only ever receive part of the payment they were awarded. And apparently, 6% of successful claimants receive nothing at all. However, that’s often because the defendant is unemployed or bankrupt rather than simply unwilling to pay. The first thing we need to establish is whether or not your defendant has any money, or other assets. Then we can look at the options for enforcing your judgment.
Mr Fry: I see. Well, he’s still working as a builder. He’s changed the name of his business since his appearance in court, but I’ve had a look online and I’ve found a business that’s definitely him. He’s now called ‘Bailes Building Executives’, instead of “John Bailes and Sons’. Can we still go after him?
Lawyer: Most definitely. As we have his home address we can ask the court to give us what’s called a Warrant of Execution’. We’ll need to fill in a form, and unfortunately, we’ll need to pay a small fee. But once we have the warrant we can instruct bailiffs.
Mr Fry: More fees! I knew it! And what is the procedure there, exactly?
Lawyer: A bailiff with a warrant has the authority of the court to go to the defendant’s home and seize goods to the value of his or her debt. In this case, the debt is roughly four and a half thousand pounds. So, a bailiff will go to the builder’s house and take electrical goods, furniture, or anything else of value to be sold at auction to pay the debt. Most people panic when the bailiffs turn up, and decide to pay their debt immediately. In fact, most bailiffs these days carry a chip and pin machine with them, so that the debtor can pay what they owe there and then. The only things a bailiff can’t take are items that are essential to the debtor’s work. They have to be able to continue to earn a living.
Mr Fry: Huh! The law always seems to protect these people in some way, doesn’t it? Earn a living indeed! But nevertheless, it sounds like a good option. Can we go ahead with that?
Lawyer: We certainly can. If that doesn’t work, we can go for the longer-term option of a Charging Order. A Charging Order takes a while to get your money back, but it does the job eventually.
Mr Fry: I’m sorry; I’m not sure what a Charging Order is.
Lawyer: The order basically put what’s called a ‘charge’ on the debtor’s assets. A charge is a type of legal interest in an asset, which is held by a third party such as you. So, for example, if we need to put a charge on your debtor’s house, we can’t force him to sell it, but it does mean you’ll be paid what you’re owed when he does decide to sell it.
Mr Fry: I see. That seems a bit drastic. I want to draw a line under all of this if I can.
Lawyer: I quite understand. I’m pretty sure we can bring this to a rapid conclusion for you. A charging order is only a measure of the last resort. Leave it with me for now and I’ll be in touch.
Mr Fry: Thank you. I’ll wait to hear from you.
Writing Activity
Area of Law: Letter of Potential Action
Writing Task: A formal letter
Length: 400 words
You have decided to represent Mr Fry and would like to proceed with his case. Write a letter to Bailes Building Executives explaining what the two possible actions are if they do not respond to the judgement.
Additional Resources
What to do if you are harassed by a bailiff?
General Vocabulary – WEEK 1 REVIEW
to squeeze in
a sum
to dismiss
full and final
damages
specific performance
just bear with me
to settle
to sue
to invoice / an invoice
a tenant
a landlord
breach of contract
a formal written warning
foreseeable future
to sign and date
wrongful
to sack / to fire
straight away
Check your prepositions.
Prepositions – In & At
In the case of time, these prepositions have the different meanings.
The hearing is at 3pm. (Exact time)
The hearing is in the afternoon. (Rough time)
The hearing starts on August 23, at 3pm. (Exact time)
The hearing starts on August 23, in the afternoon. (Rough time)
The judge always arrives at 7am. (Exact time)
The judge always arrives in the morning. (Rough time)
Don’t Say
In August 23, 2022
In 3pm on August 23, 2022
At the morning on June 7, 1983
In the morning in February 2, 1983
At January 23, 2022
In the morning in December 25, 1983
On January 2023 I will graduate.
Say
On August 23, 2022
At 3pm on August 23, 2022
In the morning on June 7, 2022
In the morning on February 2, 2022.
On January 23, 2022
In the morning on December 25, 2022.
In January 2023 I will graduate.
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Words to live by.
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Omit surplus words
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Prefer the active voice
Use short sentences
Arrange your words with care
Use familiar concrete words
Avoid language quirks
Punctuate carefully
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About the Author
Eric Froiland
Eric is a legal English teacher from the United States and has been based out of Bogota, Colombia for the last 10 years. He is the owner and founder of Legal English Innovation SAS, which is recognized as the top legal English academy in Colombia and is an official Test of Legal English Skills (TOLES) examination center.
