Practice Direction 70A - Enforcement of Judgements and Orders - The Civil Procedure Rules - Guidance

4.1 The information referred to in rule 70.5(2A) must - (a) be included in practice form N322B or, where paragraph 4.1A applies, in the practice form required by paragraph 4.1A(2); (b) specify the statutory provision under which enforcement or the recovery of a sum of money is sought;

4.1 The information referred to in rule 70.5(2A) must -

(a) be included in practice form N322B or, where paragraph 4.1A applies, in the practice form required by paragraph 4.1A(2);

(b) specify the statutory provision under which enforcement or the recovery of a sum of money is sought;

(c) state the name and address of the person against whom enforcement or recovery is sought;

(d) where the decision or compromise requires that person to pay a sum of money, state the amount which remains unpaid; and

(e) confirm that, where a sum of money is being recovered pursuant to a compromise, the compromise is not a conditional compromise.

4.1A

(1) This paragraph applies where -

(a) either -

(i) the decision to be enforced is a decision of an employment tribunal in England and Wales; or

(ii) the application is for the recovery of a compromise sum under section 19A(3) of the Employment Tribunals Act 1996; and

(b) the party seeking to enforce the decision wishes to enforce by way of a writ of control

(2) The practice form which is to be used is -

(a) where paragraph (1)(a)(i) applies, practice form N471;

(b) where paragraph (1)(a)(ii) applies, practice form N471A.

4.2 An application under rule 70.5(3) for an order to enforce a decision or compromise must be made by filing an application notice in practice form N322A.

4.3 The application notice must state -

(a) the name and address of the person against whom the order is sought;

(b) how much remains unpaid or what obligation remains to be performed; and

(c) where the application relates to a conditional compromise, details of what under the compromise the applicant is required to do and has done under the compromise in addition to discontinuing or not starting proceedings.

4.4 Where -

(a) the application relates to a conditional compromise; and

(b) the application notice is served by the applicant on the respondent,

the applicant must file a certificate of service with the court within 7 days of service of the application notice.

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