How to enforce a Tribunal Order for Costs

#1
Dear Colleagues,

I successfully won an appeal at the Upper Tribunal Lands Chamber ( as the appellant ) in May 2016,and the Respondent was ordered to pay 700 pounds to me. To this date, he has not paid anything. I wanted to ask how I enforce the order for payment ?.

1) Do I send a letter before action to the Respondent asking for payment within a certain time frame ?.
2) If the above letter is ignored, do I apply to the County Court 'money claim' on line for a fixed /specified amount of money (700 pounds plus interest)?, or do I reapply to the Upper Tribunal Lands Chamber ?.
3) How much time do I have left to enforce this debt ?.

Thanks
 

Jeffrey Shaw

Member
Staff member
#2
I am not a litigation specialist, so my response is based only on general principles.

The Tribunal/Court will not itself be pro-active in enforcement. That falls to you, the winning party. The Order should have fixed a timescale or date for the loser to pay. You need to verify this and then commence enforcement action. I have no idea if this involves a further Order.

As to 'how much time', this turns on what the Order states. The right to enforce could be subject to a deadline imposed by the Limitation Act 1980- usually six years (for a money debt) or twelve years (otherwise).

If the loser is the registered proprietor of land or a registered estate in land, you can seek a Charging Order to tie the debt to what he owns- similarly to how a mortgage is secured by a registered charge.

Sorry but that's about all I can say. You may well need specialist litigation advice at this stage.