When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...
In 2015, former pop star Gary Glitter made headlines when he was jailed for attempted rape, four counts of indecent assault and one count of sex with a minor. Despite being released after serving only half of his 16-year jail term, Glitter breached his licence conditions and was recalled to prison after only a month.
In a 13-page ruling released in June 2024, High Court judge Mrs Justice Tipples stated that one of Glitter’s victims was entitled to damages of £508,800, with this figure potentially increasing due to interest and legal costs.
Friends of Glitter have now sought advice trying to sell his £2 million central London property.
Whilst Glitter is reported to be “furious” about having to pay the above sum, he is also said to be aware that failure to pay could “land him in further trouble”.
Glitter is not the first, nor will he be the last, person to be unhappy with having to pay out when a judgment is made against them. Unlike Glitter, some Defendants will not be as willing to take steps to raise the funds required to settle the sums owed in the judgment.
Therefore, many successful Claimants find themselves in a position where they have received a positive judgment, but the Defendant has failed to pay the damages by the set date. In this instance, the Claimant can take steps to enforce the judgment.
Some of the ways a claimant can try and recover their money include:
- a warrant of control
- an attachment of earnings order
- a third-party debt order
- a charging order
A Warrant of Control
A warrant of control gives court enforcement agents the authority to take goods from the defendant’s home or business. Enforcement agents will try to either collect the money you are owed or take goods to sell at auction to settle the debt.
An Attachment of Earnings Order
An attachment of earnings order is sent to the defendant’s employer. It tells the employer to take an amount from the defendant’s earnings each pay day and send it to a collection office. The money is then sent to you.
A Third-Party Debt Order
A third-party debt order is usually made to stop the defendant taking money out of their bank or building society account. The money you are owed is paid to you from the account.
A Charging Order
A charging order prevents the defendant from selling their assets (such as property, land or investments) without paying what they owe you.
Whilst you will not receive your money until the defendant sells their assets, it may be possible to also ask the court for an order to force them to sell their assets. However, there are other factors to be considered, such as whether the defendant owes other people money or has any other judgments against them, and whether they own sufficient assets.
Not every method of enforcement will be suitable for every Claimant who is seeking enforcement of a court order. Therefore, if you have received a positive judgment, and are struggling to recover the sums due, contact our specialist Dispute Resolution team on 0121 355 0011 for a free, no obligation conversation to see how we may be able to assist you.
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