Enforcement of judgments - Oral examination

Learning Outcomes

After reading this article, you will be able to explain the purpose and procedure of oral examination (order to obtain information) in enforcing civil judgments. You will understand the application process, the conduct of the examination, the debtor’s obligations, and how information obtained can inform further enforcement steps. You will also be able to identify common pitfalls and apply these principles to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the function and process of oral examination as a method of enforcing money judgments. In your revision, focus on:

  • The purpose and legal basis of oral examination (order to obtain information) in judgment enforcement
  • The application procedure and requirements under CPR Part 71
  • The conduct of the examination, including the debtor’s obligations and consequences of non-compliance
  • How information obtained guides subsequent enforcement actions (e.g., third-party debt orders, charging orders, attachment of earnings)
  • The interaction of oral examination with other enforcement methods

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the main purpose of an oral examination (order to obtain information) in the context of enforcing a money judgment?
  2. Who conducts the questioning at an oral examination, and what are the debtor’s obligations?
  3. What are the possible consequences if a judgment debtor fails to attend an oral examination or provides false information?
  4. How can information obtained from an oral examination assist a creditor in choosing the most effective enforcement method?

Introduction

When a creditor obtains a money judgment, enforcing payment is not automatic. If the debtor does not pay voluntarily, the creditor may need to investigate the debtor’s financial circumstances to decide which enforcement method is most likely to succeed. The oral examination—now formally called an "order to obtain information"—is a key tool for this purpose. It compels the debtor to attend court and answer questions about their assets, income, and liabilities under oath.

Key Term: order to obtain information
A court order requiring a judgment debtor (or, for companies, an officer) to attend court and answer questions under oath about their financial circumstances, to assist enforcement of a judgment.

The Purpose and Legal Basis

Oral examination is governed by CPR Part 71. Its purpose is to provide the creditor with up-to-date, accurate information about the debtor’s means. This helps the creditor decide which enforcement method—such as a third-party debt order, charging order, or attachment of earnings—will be most effective.

Key Term: CPR Part 71
The section of the Civil Procedure Rules that sets out the procedure for obtaining an order to obtain information from a judgment debtor.

Applying for an Order to Obtain Information

A creditor can apply for an order to obtain information if at least £50 of the judgment debt remains unpaid. The application is made to the court that gave the judgment, using Form N316 (for individuals) or N316A (for companies or other corporations). The application must include details of the judgment, the amount outstanding, and the debtor’s address.

Once the order is made, the court will fix a hearing date and serve the order personally on the debtor at least 14 days before the hearing. The order will specify the documents (such as bank statements or wage slips) the debtor must bring.

Key Term: personal service
Delivery of court documents directly to the person required to respond, ensuring they are aware of the order and hearing.

Conduct of the Examination

At the hearing, the debtor attends court and is questioned under oath by a court officer (or, in some cases, a judge). The creditor or their solicitor may attend and request additional questions, but only the court officer or judge may ask them. The debtor must answer truthfully about:

  • Employment and income
  • Bank accounts and savings
  • Property and other assets
  • Liabilities and debts
  • Any other relevant financial matters

If the debtor is a company, an officer (such as a director or company secretary) will be required to attend and answer questions about the company’s assets and liabilities.

Key Term: court officer
A court official (not the creditor or their solicitor) who conducts the questioning at an oral examination.

Consequences of Non-Compliance

If the debtor fails to attend, refuses to answer questions, or does not provide required documents, they may be held in contempt of court. The court can issue a warrant for their arrest or, in serious cases, commit them to prison. Providing false information under oath is also contempt and may result in imprisonment.

Key Term: contempt of court
Disobeying a court order or acting in a way that undermines the authority of the court, punishable by fines or imprisonment.

Using Information Obtained

The information gathered at the oral examination enables the creditor to select the most appropriate enforcement method:

  • If the debtor is employed, an attachment of earnings order may be suitable.
  • If the debtor has funds in a bank account, a third-party debt order may be effective.
  • If the debtor owns property, a charging order may be considered.
  • If the debtor has valuable goods, a warrant of control may be used.

The creditor may also request further orders if the debtor’s answers suggest assets are being concealed or transferred.

Worked Example 1.1

Scenario: A creditor obtains a judgment for £12,000 against Mr. Patel, who does not pay. The creditor applies for an order to obtain information. At the hearing, Mr. Patel reveals he is employed and has a savings account with £3,000.

Answer: The creditor can now apply for an attachment of earnings order (to deduct from Mr. Patel’s wages) or a third-party debt order (to seize funds from the savings account), using the information obtained at the oral examination.

Worked Example 1.2

Scenario: A company, XYZ Ltd, owes £25,000 under a judgment. The creditor applies for an order to obtain information. The company’s director attends but refuses to answer questions about company assets.

Answer: The director is in contempt of court. The creditor can ask the court to issue a warrant for the director’s arrest or seek committal to prison for non-compliance.

Exam Warning

If the debtor is evasive or provides incomplete information, do not assume the examination is pointless. The creditor can request the court to order the debtor to produce specific documents or to attend a further hearing. Persistent non-compliance can lead to serious sanctions.

Revision Tip

Before applying for an order to obtain information, check whether the debtor’s address is current. Personal service is required, and delays may occur if the debtor cannot be located.

Summary

  • Oral examination (order to obtain information) is a key step in enforcing money judgments.
  • It compels the debtor to disclose financial details under oath.
  • The procedure is set out in CPR Part 71.
  • Non-compliance can result in contempt of court and imprisonment.
  • Information obtained guides the choice of enforcement method.

Key Point Checklist

This article has covered the following key knowledge points:

  • Oral examination (order to obtain information) is used to investigate a debtor’s means when enforcing a money judgment.
  • The procedure is governed by CPR Part 71 and requires a court application and personal service on the debtor.
  • The debtor must attend court, answer questions under oath, and bring specified documents.
  • Failure to comply can lead to contempt of court, arrest, or imprisonment.
  • Information obtained is used to select the most effective enforcement method, such as attachment of earnings, third-party debt order, or charging order.

Key Terms and Concepts

  • order to obtain information
  • CPR Part 71
  • personal service
  • court officer
  • contempt of court
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