英国法と EU 法における債務者財産の透明化
日弁連民事裁判手続に関する委員会勉強会報告(2014 年 3 月 27 日)
高橋宏司(同志社大学教授)

資料目次

報告用パワーポイント・スライド ................................................................. 別添① 英国の財産凍結命令に付随する財産開示命令拙稿「英国の財産凍結(資産凍結)命令(マリーバ・インジャンクション)と財産開示命令」同志社法学(2012) ..................................................................... 別添

1981 年上級裁判所法第 37 条(Senior Courts Act 1981, s. 37)............. 1 ページ

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民事訴訟規則 25 章(Civil Procedure Rules, Part 25)抜粋 ...................2 ページ



民事訴訟規則の実務指針 25A 章の補則(Annex to Practice Direction 25A of
the Civil Procedure Rules) .................................................................4 ページ② 英国の判決後の財産開示命令


民事訴訟規則 71 章(Civil Procedure Rules, Part 71) ........................ 11 ページ



民事訴訟規則の実務指針 71 章(Practice Direction 71 of the Civil Procedure
Rules) ................................................................................................15 ページ



債務者本人に対する尋問への裁判所出頭命令の申立書 (Application for orderthat debtor attend court for questioning) ........................................ 20 ページ



団体役員に対する尋問への裁判所出頭命令の申立書 (Application for orderthat officer of debtor company attend court for questioning) .......... 22 ページ



尋問への裁判所出頭命令(Order to attend court for questioning) ..... 24 ページ

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尋問記録(債務者本人) (Record of examination(Individual)) ............. 26 ページ



尋問記録(団体役員) (Record of examination (ofﬁcer of company or
corporation)) .....................................................................................38 ページ



執行猶予付き拘禁命令 (Suspended committal order for disobedience) .. 50 ページ

③ 英国の判決後の第三者に対する財産照会制度(未施行)2007 年審判所・裁判所・執行法第 4 編(Tribunals, Courts and Enforcement Act
2007, Part 4)抜粋 ..............................................................................52 ページ④ EU の口座情報取得の嘱託手続創設の動き
「欧州口座保全命令規則」提案(Proposal for a Regulation of the European
Parliament and of the Council creating a European Account Preservation
Order to facilitate cross-border debt recovery in civil and commercial
matters) 抜粋....................................................................................60 ページ

Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk
editorial team to Senior Courts Act 1981. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)

Senior Courts Act 1981
1981 CHAPTER 54

PART IIJURISDICTION
THE HIGH COURT
Powers37

Powers of High Court with respect to injunctions and receivers.
(1) The High Court may by order (whether interlocutory or final) grant an injunction or
appoint a receiver in all cases in which it appears to the court to be just and convenient
to do so.
(2) Any such order may be made either unconditionally or on such terms and conditions
as the court thinks just.
(3) The power of the High Court under subsection (1) to grant an interlocutory injunction
restraining a party to any proceedings from removing from the jurisdiction of theHigh Court, or otherwise dealing with, assets located within that jurisdiction shall be
exercisable in cases where that party is, as well as in cases where he is not, domiciled,resident or present within that jurisdiction.
(4) The power of the High Court to appoint a receiver by way of equitable execution shall
operate in relation to all legal estates and interests in land; and that power—(a) may be exercised in relation to an estate or interest in land whether or nota charge has been imposed on that land under section 1 of the M1Charging
Orders Act 1979 for the purpose of enforcing the judgment, order or award
in question; and(b) shall be in addition to, and not in derogation of, any power of any court toappoint a receiver in proceedings for enforcing such a charge.
(5) Where an order under the said section 1 imposing a charge for the purpose of enforcing
a judgment, order or award has been, or has effect as if, registered under section 6

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PART 25 - INTERIM REMEDIES AND SECURITY FOR COSTS - Civil Procedure Rules

PART 25 - INTERIM REMEDIES AND SECURITY FOR
COSTSContents of this Part

Title

NumberI INTERIM REMEDIES
Orders for interim remedies

Rule 25.1

Time when an order for an interim remedy may be

Rule 25.2

made
How to apply for an interim remedy

Rule 25.3

Application for an interim remedy where there is no
related claim

Rule 25.4

Inspection of property before commencement oragainst a non-party

Rule 25.5

Interim payments – general procedure

Rule 25.6

Interim payments – conditions to be satisfied andmatters to be taken into accountRule 25.7

Powers of court where it has made an order forinterim payment

Rule 25.8

Restriction on disclosure of an interim payment

Rule 25.9

Interim injunction to cease if claim is stayed

Rule
25.10

Interim injunction to cease after 14 days if claim

Rule

struck out

25.11

II SECURITY FOR COSTS
Security for costs

Rule
25.12

Conditions to be satisfied

Rule
25.13

Security for costs other than from the claimant

Rule
25.14

Security for costs of an appeal

Rule
25.15

I INTERIM REMEDIES
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Orders for interim remedies
25.1(1) The court may grant the following interim remedies –(a) an interim injunction(GL);(b) an interim declaration;(c) an order –(i) for the detention, custody or preservation of relevant property;(ii) for the inspection of relevant property;(iii) for the taking of a sample of relevant property;(iv) for the carrying out of an experiment on or with relevant property;(v) for the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sellquickly; and(vi) for the payment of income from relevant property until a claim is decided;(d) an order authorising a person to enter any land or building in the possession of a party to the proceedings for the
purposes of carrying out an order under sub-paragraph (c);(e) an order under section 4 of the Torts (Interference with Goods) Act 19771 to deliver up goods;(f) an order (referred to as a ‘freezing injunction(GL)’) –(i) restraining a party from removing from the jurisdiction assets located there; or(ii) restraining a party from dealing with any assets whether located within the jurisdiction or not;(g) an order directing a party to provide information about the location of relevant property or assets or to provide
information about relevant property or assets which are or may be the subject of an application for a freezing injunction(GL);(h) an order (referred to as a ‘search order’) under section 7 of the Civil Procedure Act 19972 (order requiring a party toadmit another party to premises for the purpose of preserving evidence etc.);(i) an order under section 33 of the Supreme Court Act 19813 or section 52 of the County Courts Act 19844 (order fordisclosure of documents or inspection of property before a claim has been made);(j) an order under section 34 of the Supreme Court Act 19815 or section 53 of the County Courts Act 19846 (order in certain
proceedings for disclosure of documents or inspection of property against a non-party);(k) an order (referred to as an order for interim payment) under rule 25.6 for payment by a defendant on account of any
damages, debt or other sum (except costs) which the court may hold the defendant liable to pay;(l) an order for a specified fund to be paid into court or otherwise secured, where there is a dispute over a party’s right to
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules

THIS ORDER
1. This is a Freezing Injunction made against [ ] (‘the Respondent’) on [ ] by Mr Justice [ ] on the application of [ ] (‘theApplicant’). The Judge read the Affidavits listed in Schedule A and accepted the undertakings set out in Schedule B at theend of this Order.
2. This order was made at a hearing without notice to the Respondent. The Respondent has a right to apply to the court tovary or discharge the order – see paragraph 13 below.
3. There will be a further hearing in respect of this order on [ ] (‘the return date’).
4. If there is more than one Respondent –(a) unless otherwise stated, references in this order to ‘the Respondent’ mean both or all of them; and(b) this order is effective against any Respondent on whom it is served or who is given notice of it.

FREEZING INJUNCTION[For injunction limited to assets in England and Wales]
5. Until the return date or further order of the court, the Respondent must not remove from England and Wales or in any
way dispose of, deal with or diminish the value of any of his assets which are in England and Wales up to the value of £ .
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules[For worldwide injunction]
5. Until the return date or further order of the court, the Respondent must not –(1) remove from England and Wales any of his assets which are in England and Wales up to the value of £ ; or(2) in any way dispose of, deal with or diminish the value of any of his assets whether they are in or outside England andWales up to the same value.
[For either form of injunction]
6. Paragraph 5 applies to all the Respondent’s assets whether or not they are in his own name and whether they aresolely or jointly owned. For the purpose of this order the Respondent’s assets include any asset which he has the power,
directly or indirectly, to dispose of or deal with as if it were his own. The Respondent is to be regarded as having such
power if a third party holds or controls the asset in accordance with his direct or indirect instructions.
7. This prohibition includes the following assets in particular –(a) the property known as [title/address] or the net sale money after payment of any mortgages if it has been sold;(b) the property and assets of the Respondent’s business [known as [name]] [carried on at [address]] or the sale money if
any of them have been sold; and(c) any money standing to the credit of any bank account including the amount of any cheque drawn on such accountwhich has not been cleared.
[For injunction limited to assets in England and Wales]
8. If the total value free of charges or other securities (‘unencumbered value’) of the Respondent’s assets in England andWales exceeds £ , the Respondent may remove any of those assets from England and Wales or may dispose of or deal
with them so long as the total unencumbered value of his assets still in England and Wales remains above £ .
[For worldwide injunction]
8.
(1) If the total value free of charges or other securities (‘unencumbered value’) of the Respondent’s assets in England andWales exceeds £ , the Respondent may remove any of those assets from England and Wales or may dispose of or deal
with them so long as the total unencumbered value of the Respondent’s assets still in England and Wales remains above £.
(2) If the total unencumbered value of the Respondent’s assets in England and Wales does not exceed £ , the Respondent
must not remove any of those assets from England and Wales and must not dispose of or deal with any of them. If the
Respondent has other assets outside England and Wales, he may dispose of or deal with those assets outside Englandand Wales so long as the total unencumbered value of all his assets whether in or outside England and Wales remains
above £ .
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PROVISION OF INFORMATION
9.
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules(1) Unless paragraph (2) applies, the Respondent must [immediately] [within hours of service of this order] and to the bestof his ability inform the Applicant’s solicitors of all his assets [in England and Wales] [worldwide] [exceeding £ in value]
whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such
assets.
(2) If the provision of any of this information is likely to incriminate the Respondent, he may be entitled to refuse to provide
it, but is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide theinformation is contempt of court and may render the Respondent liable to be imprisoned, fined or have his assets seized.
10. Within [ ] working days after being served with this order, the Respondent must swear and serve on the Applicant’s
solicitors an affidavit setting out the above information.
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EXCEPTIONS TO THIS ORDER
11.
(1) This order does not prohibit the Respondent from spending £ a week towards his ordinary living expenses and also £[or a reasonable sum] on legal advice and representation. [But before spending any money the Respondent must tell the
Applicant’s legal representatives where the money is to come from.]([2) This order does not prohibit the Respondent from dealing with or disposing of any of his assets in the ordinary andproper course of business.](3) The Respondent may agree with the Applicant’s legal representatives that the above spending limits should be
increased or that this order should be varied in any other respect, but any agreement must be in writing.
(4) The order will cease to have effect if the Respondent –(a) provides security by paying the sum of £ into court, to be held to the order of the court; or(b) makes provision for security in that sum by another method agreed with the Applicant’s legal representatives.
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COSTS
12. The costs of this application are reserved to the judge hearing the application on the return date.

VARIATION OR DISCHARGE OF THIS ORDER
13. Anyone served with or notified of this order may apply to the court at any time to vary or discharge this order (or somuch of it as affects that person), but they must first inform the Applicant’s solicitors. If any evidence is to be relied upon in
support of the application, the substance of it must be communicated in writing to the Applicant’s solicitors in advance.

INTERPRETATION OF THIS ORDER
14. A Respondent who is an individual who is ordered not to do something must not do it himself or in any other way. He
must not do it through others acting on his behalf or on his instructions or with his encouragement.
15. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors,
officers, partners, employees or agents or in any other way.
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules

PARTIES OTHER THAN THE APPLICANT AND RESPONDENT
16. Effect of this order
It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this order. Any
person doing so may be imprisoned, fined or have their assets seized.
17. Set off by banks
This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it
gave to the respondent before it was notified of this order.
18. Withdrawals by the Respondent
No bank need enquire as to the application or proposed application of any money withdrawn by the Respondent if thewithdrawal appears to be permitted by this order.
[For worldwide injunction]
19. Persons outside England and Wales(1) Except as provided in paragraph (2) below, the terms of this order do not affect or concern anyone outside thejurisdiction of this court.
(2) The terms of this order will affect the following persons in a country or state outside the jurisdiction of this court –(a) the Respondent or his officer or agent appointed by power of attorney;(b) any person who –(i) is subject to the jurisdiction of this court;(ii) has been given written notice of this order at his residence or place of business within the jurisdiction of this court; and(iii) is able to prevent acts or omissions outside the jurisdiction of this court which constitute or assist in a breach of theterms of this order; and(c) anyother person, only to the extent that this order is declared enforceable by or is enforced by a court in that country orstate.
[For worldwide injunction]
20. Assets located outside England and Wales
Nothing in this order shall, in respect of assets located outside England and Wales, prevent any third party from complying
with –(1) what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the country
or state in which those assets are situated or under the proper law of any contract between itself and the Respondent; and(2) any orders of the courts of that country or state, provided that reasonable notice of any application for such an order isgiven to the Applicant’s solicitors.
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules

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COMMUNICATIONS WITH THE COURT
All communications to the court about this order should be sent to –[Insert the address and telephone number of the appropriate Court Office]If the order is made at the Royal Courts of Justice, communications should be addressed as follows –Where the order is made in the Chancery Division
Room TM 5.07, Royal Courts of Justice, Strand, London WC2A 2LL quoting the case number. The telephone number is
020 7947 6322.
Where the order is made in the Queen's Bench Division
Room WG08, Royal Courts of Justice, Strand, London WC2A 2LL quoting the case number. The telephone number is 020
7947 6010.
Where the order is made in the Commercial Court
Room EB09, Royal Courts of Justice, Strand, London WC2A 2LL quoting the case number. The telephone number is 0207
947 6826.
The offices are open between 10 a.m. and 4.30 p.m. Monday to Friday.
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SCHEDULE A
AFFIDAVITSThe Applicant relied on the following affidavits–[name] [number of affidavit][date sworn][filed on behalf of]

SCHEDULE B
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT(1)
If the court later finds that this order has caused loss to the Respondent, and decides that the Respondent should becompensated for that loss, the Applicant will comply with any order the court may make.
[(2)
The Applicant will –(a) on or before [date] cause a written guarantee in the sum of £ to be issued from a bank with a place of business within
England or Wales, in respect of any order the court may make pursuant to paragraph (1) above; and(b) immediately upon issue of the guarantee, cause a copy of it to be served on the Respondent.]
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules(3)
As soon as practicable the Applicant will issue and serve a claim form [in the form of the draft produced to the court][claiming the appropriate relief].
(4)
The Applicant will [swear and file an affidavit] [cause an affidavit to be sworn and filed] [substantially in the terms of thedraft affidavit produced to the court] [confirming the substance of what was said to the court by the Applicant's
counsel/solicitors].
(5)
The Applicant will serve upon the Respondent [together with this order] [as soon as practicable] –(i) copies of the affidavits and exhibits containing the evidence relied upon by the Applicant, and any other documents
provided to the court on the making of the application;(ii) the claim form; and(iii) an application notice for continuation of the order.
[(6)
Anyone notified of this order will be given a copy of it by the Applicant's legal representatives.](7)
The Applicant will pay the reasonable costs of anyone other than the Respondent which have been incurred as a result of
this order including the costs of finding out whether that person holds any of the Respondent's assets and if the court later
finds that this order has caused such person loss, and decides that such person should be compensated for that loss, theApplicant will comply with any order the court may make.
(8)
If this order ceases to have effect (for example, if the Respondent provides security or the Applicant does not provide abank guarantee as provided for above) the Applicant will immediately take all reasonable steps to inform in writing anyone
to whom he has given notice of this order, or who he has reasonable grounds for supposing may act upon this order, that it
has ceased to have effect.
[(9)
The Applicant will not without the permission of the court use any information obtained as a result of this order for the
purpose of any civil or criminal proceedings, either in England and Wales or in any other jurisdiction, other than this claim.][(10)
The Applicant will not without the permission of the court seek to enforce this order in any country outside England andWales [or seek an order of a similar nature including orders conferring a charge or other security against the Respondentor the Respondent's assets].]

NAME AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES
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PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Civil Procedure Rules

The Applicant’s legal representatives are –[Name, address, reference, fax and telephone numbers both in and out of office hours and e-mail]
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THIS ORDER
1. This is a Search Order made against [ ] (‘the Respondent’) on [ ] by Mr Justice [ ] on the application of [ ] (‘theApplicant’). The Judge read the Affidavits listed in Schedule F and accepted the undertakings set out in Schedules C, D
and E at the end of this order.
2. This order was made at a hearing without notice to the Respondent. The Respondent has a right to apply to the court tovary or discharge the order – see paragraph 27 below.
3. There will be a further hearing in respect of this order on [ ] (‘the return date’).
4. If there is more than one Respondent –(a) unless otherwise stated, references in this order to ‘the Respondent’ mean both or all of them; and(b) this order is effective against any Respondent on whom it is served or who is given notice of it.
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PART 71 - ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules

PART 71 - ORDERS TO OBTAIN INFORMATION FROMJUDGMENT DEBTORSContents of this Part

Title

NumberScope of this Part

Rule 71.1

Order to attend court

Rule 71.2

Service of order

Rule 71.3

Travelling expenses

Rule 71.4

Judgment creditor's affidavit

Rule 71.5

Conduct of the hearing

Rule 71.6

Adjournment of the hearing

Rule 71.7

Failure to comply with order

Rule 71.8

Scope of this Part
71.1
This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the
purpose of enabling a judgment creditor to enforce a judgment or order against him.
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Order to attend court
71.2(1) A judgment creditor may apply for an order requiring –(a) a judgment debtor; or(b) if a judgment debtor is a company or other corporation, an officer of that body,to attend court to provide information about –(i) the judgment debtor's means; or(ii) any other matter about which information is needed to enforce a judgment or order.
(2) An application under paragraph (1) –(a) may be made without notice; and(b) must be issued in the court which made the judgment or order which it is sought to enforce, except that –通し11 ページ

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PART 71 - ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules(i) if the proceedings have since been transferred to a different court, it must be issued in that court; or(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in Northampton County Court in respect of adesignated money claim, it must be issued in accordance with section 2 of Practice Direction 70.
(3) The application notice must –(a) be in the form; and(b) contain the information
required by Practice Direction 71.
(4) An application under paragraph (1) may be dealt with by a court officer without a hearing.
(5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph(6).
(6) A person served with an order issued under this rule must –(a) attend court at the time and place specified in the order;(b) when he does so, produce at court documents in his control which are described in the order; and(c) answer on oath such questions as the court may require.
(7) An order under this rule will contain a notice in the following terms, or in terms to substantially the same effect –“If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and imprisoned or
fined, or your assets may be seized.”
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Service of order
71.3(1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend
court not less than 14 days before the hearing.
(2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of thehearing if he has been unable to serve it.
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Travelling expenses
71.4(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him
a sum reasonably sufficient to cover his travelling expenses to and from court.
(2) The judgment creditor must pay such a sum if requested.
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PART 71 - ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules

Judgment creditor's affidavit
71.5(1) The judgment creditor must file an affidavit(GL) or affidavits –(a) by the person who served the order (unless it was served by the court) giving details of how and when it was served;(b) stating either that –(i) the person ordered to attend court has not requested payment of his travelling expenses; or(ii) the judgment creditor has paid a sum in accordance with such a request; and(c) stating how much of the judgment debt remains unpaid.
(2) The judgment creditor must either –(a) file the affidavit(GL) or affidavits not less than 2 days before the hearing; or(b) produce it or them at the hearing.
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Conduct of the hearing
71.6(1) The person ordered to attend court will be questioned on oath.
(2) The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before ajudge.
(3) The judgment creditor or his representative –(a) may attend and ask questions where the questioning takes place before a court officer; and(b) must attend and conduct the questioning if the hearing is before a judge.
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Adjournment of the hearing
71.7
If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be servedon the judgment debtor.
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Failure to comply with order
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PART 71 - ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules(a) fails to attend court;(b) refuses at the hearing to take the oath or to answer any question; or(c) otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or circuit judge.
(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.
(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4
and 71.5.
(4) If a committal order is made, the judge will direct that –(a) the order shall be suspended provided that the person –(i) attends court at a time and place specified in the order; and(ii) complies with all the terms of that order and the original order; and(b) if the person fails to comply with any term on which the committal order is suspended, he shall be brought before ajudge to consider whether the committal order should be discharged.
(Part 81 contains provisions in relation to committal.)
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PRACTICE DIRECTION 71 – ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules

PRACTICE DIRECTION 71 – ORDERS TO OBTAININFORMATION FROM JUDGMENT DEBTORSThis practice direction supplements Part 71
Contents of this Practice Direction

Title

Number

Application notice – rule 71.2

Para. 1.1

Order to attend court – rule 71.2

Para. 2.1

Service of order to attend court – rule 71.3

Para. 3.

Attendance at court: normal procedure – rule 71.6

Para. 4.1

Attendance at court: procedure where the order is
to attend before a judge – rule 71.6

Para. 5.1

Failure to comply with order: reference to judge –rule 71.8(1)Para. 6.

Suspended committal order – rule 71.8(2) and (4)(a)

Para. 7.1

Breach of terms on which committal order issuspended – rule 71.8(4)(b)Para. 8.1

Appendix A
Appendix B

Application notice – rule 71.2
1.1
An application by a judgment creditor under rule 71.2(1) must be made by filing an application notice in Practice Form N316
if the application is to question an individual judgment debtor, or N316A if the application is to question an officer of acompany or other corporation.

1.2
The application notice must –(1) state the name and address of the judgment debtor;(2) identify the judgment or order which the judgment creditor is seeking to enforce;(3) if the application is to enforce a judgment or order for the payment of money, state the amount presently owed by the
judgment debtor under the judgment or order;(4) if the judgment debtor is a company or other corporation, state –通し15 ページ

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2014/3/24

PRACTICE DIRECTION 71 – ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules(a) the name and address of the officer of that body whom the judgment creditor wishes to be ordered to attend court; and(b) his position in the company;(5) if the judgment creditor wishes the questioning to be conducted before a judge, state this and give his reasons;(6) if the judgment creditor wishes the judgment debtor (or other person to be questioned) to be ordered to produce specificdocuments at court, identify those documents; and(7) if the application is to enforce a judgment or order which is not for the payment of money, identify the matters about
which the judgment creditor wishes the judgment debtor (or officer of the judgment debtor) to be questioned.

1.3
The court officer considering the application notice –(1) may, in any appropriate case, refer it to a judge (rule 3.2); and(2) will refer it to a judge for consideration, if the judgment creditor requests the judgment debtor (or officer of the judgment
debtor) to be questioned before a judge.

Order to attend court – rule 71.2
2.1
The order will provide for the judgment debtor (or other person to be questioned) to attend the county court for the districtin which he resides or carries on business, unless a judge decides otherwise.

2.2
The order will provide for questioning to take place before a judge only if the judge considering the request decides that
there are compelling reasons to make such an order.

Service of order to attend court – rule 71.3
3.
Service of an order to attend court for questioning may be carried out by –(a) the judgment creditor (or someone acting on the judgment creditor’s behalf)(b) a High Court enforcement officer; or(c) a county court bailiff.

Attendance at court: normal procedure – rule 71.6
4.1
The court officer will ask a standard series of questions, as set out in the forms in Appendixes A and B 通し16
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PRACTICE DIRECTION 71 – ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules

direction. The form in Appendix A will be used if the person being questioned is the judgment debtor, and the form inAppendix B will be used if the person is an officer of a company or other corporation.

4.2
The judgment creditor or his representative may either –(1) attend court and ask questions himself; or(2) request the court officer to ask additional questions, by attaching a list of proposed additional questions to his
application notice.

4.3
The court officer will –(1) make a written record of the evidence given, unless the proceedings are tape recorded;(2) at the end of the questioning, read the record of evidence to the person being questioned and ask him to sign it; and(3) if the person refuses to sign it, note that refusal on the record of evidence.

Attendance at court: procedure where the order is to attend before a judge –rule 71.6
5.1
Where the hearing takes places before a judge, the questioning will be conducted by the judgment creditor or his
representative, and the standard questions in the forms in Appendixes A and B will not be used.

5.2
The proceedings will be tape recorded and the court will not make a written record of the evidence.

Failure to comply with order: reference to judge – rule 71.8(1)6.
If a judge or court officer refers to a High Court judge or circuit judge the failure of a judgment debtor to comply with anorder under rule 71.2, he shall certify in writing the respect in which the judgment debtor failed to comply with the order.

Suspended committal order – rule 71.8(2) and (4)(a)7.1
A committal order will be suspended provided that the person attends court at a time and place specified in the order (rule71.8(4)(a)(i)). The appointment specified will be –(1) before a judge, if –通し17 ページ

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PRACTICE DIRECTION 71 – ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules(a) the original order under rule 71.2 was to attend before a judge; or(b) the judge making the suspended committal order so directs; and(2) otherwise, before a court officer.

7.2
Rule 71.3 and paragraph 3 of this practice direction (service of order), and rule 71.5(1)(a) and (2) (affidavit of service),
apply with the necessary changes to a suspended committal order as they do to an order to attend court.

Breach of terms on which committal order is suspended – rule 71.8(4)(b)8.1
If –(1) the judgment debtor fails to attend court at the time and place specified in the suspended committal order; and(2) it appears to the judge or court officer that the judgment debtor has been duly served with the order,
the judge or court officer will certify in writing the debtor's failure to attend.

8.2
If the judgment debtor fails to comply with any other term on which the committal order was suspended, the judge or court
officer will certify in writing the non-compliance and set out details of it.

8.3
A warrant to bring the judgment debtor before a judge may be issued on the basis of a certificate under paragraph 8.1 or
8.2.

8.4
The hearing under rule 71.8(4)(b) may take place before a master or district judge.

8.5
At the hearing the judge will discharge the committal order unless he is satisfied beyond reasonable doubt that –(1) the judgment debtor has failed to comply with –(a) the original order to attend court; and(b) the terms on which the committal order was suspended; and(2) both orders have been duly served on the judgment debtor.

8.6
If the judge decides that the committal order should not be discharged, a warrant of committal shall be issued immediately.
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PRACTICE DIRECTION 71 – ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS - Civil Procedure Rules

Appendix A
GeneralEX140 Record of Examination (individual)
Available on the forms page.

Appendix B
GeneralEX141 Record of Examination (officer of company or corporation)
Available on the forms page.

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Application for orderthat debtor attend
court for questioning

In theClaim No.

Appn. No.

Claimant
Defendant
The [claimant] [defendant] (‘the judgment creditor’) applies for an order that the [defendant] [claimant](‘the judgment debtor’) attend court to provide information about the judgment debtor’s means
and any other information needed to enforce the judgment or order given on
20[by thein claim no.
].
1. Judgment debtor
The judgment debtor iswhose address is
Postcode
2. Judgment debt or order[The judgment or order required the judgment debtor to pay £(including any costs andinterest). The amount now owing is £[which includes further interest payable on the
judgment debt]].
[The judgment or order required the judgment debtor to]
Note:
Questioning and documents
Questioning will be by a court officer unless a judge agrees there are compelling reasons for questioning totake place before a judge. Normally the court officer will ask the questions set out in Form EX140 and thejudgment debtor will be told to produce all relevant documents including:• pay slips• bank statements• building society books• share certificates• rent book• mortgage statement• hire purchase and similar agreements• court orders• any other outstanding bills• electricity, gas, water and council tax bills forthe past year.

and in the case of a business• bills owed to it• 2 years’ accounts• current management accounts.

Complete sections 3,4 and 5 only if applicable.
The statement of truth overleaf must be completed.
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N316 Application for order that debtor attend court for questioning (03.02)

Printed on behalf of The Court Service

3.

[Attached is a list of questions which the judgment creditor wishes the court officer to ask the judgment
debtor in addition to those in Form EX140.]

4.

[Attached is a list of documents which the judgment creditor wishes the judgment debtor to be ordered to
produce in addition to those listed in the note above.]

5.

[The judgment creditor requests that the judgment debtor be questioned by the judgment creditor before ajudge. The reason for this request is]Statement of Truth*(I believe)(The judgment creditor believes) that the facts stated in this application form are true.
I am duly authorised by the judgment creditor to sign this statement.

*

signeddate*(Judgment creditor)(Litigation friend(where judgment creditor is a child or a patient))(Judgment creditor’s solicitor)*delete as appropriate

Full nameName of judgment creditor’s solicitor’s firm
position or office held
(if signing on behalf of firm or company)

Judgment creditor’s or
judgment creditor’ssolicitor’s address towhich documents
should be sent.

if applicable
Ref. no.
fax no.

Postcode

Tel. no.

DX no.

e-mail

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Application for orderthat officer of debtor
company attend
court for questioning

In theClaim No.

Appn. No.

Claimant
Defendant
The [claimant] [defendant] (‘the judgment creditor’) applies for an order that an officer of the[defendant] [claimant] company or corporation (‘the judgment debtor’) attend court to provide
information about the judgment debtor’s means and any other information needed to enforce
the judgment or order given on
20[by thein claim no.
].
1. Judgment debtor
The judgment debtor iswhose address is
Postcode
2. The officer
The officer is the judgment debtor’swhose name is
and whose address is
Postcode
3. Judgment debt or order[The judgment or order required the judgment debtor to pay £(including any costs andinterest). The amount now owing is £[which includes further interest payable on the
judgment debt]].
[The judgment or order required the judgment debtor to]
Note:
Questioning and documents
Questioning will be by a court officer unless a judge agrees there are compelling reasons for questioning totake place before a judge. Normally the court officer will ask the questions set out in Form EX141 and theofficer of the company will be told to produce all relevant documents including:• bank statements• share certificates• hire purchase and similar agreements• court orders on which money is still owed

• any outstanding bills• bills owed to the company• 2 years’ accounts• current management accounts.

Complete sections 4,5 and 6 only if applicable.
The statement of truth overleaf must be completed.
N316A Application for order that officer of the debtor company attend court for questioning (03.02)

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Printed on behalf of The Court Service

4.

[Attached is a list of questions which the judgment creditor wishes the court officer to ask the officer of thecompany in addition to those in Form EX141.]5.

[Attached is a list of documents which the judgment creditor wishes the officer of the company to be ordered
to produce in addition to those listed in the note above.]

6.

[The judgment creditor requests that the officer of the company be questioned by the judgment creditor
before a judge. The reason for this request is]Statement of Truth*(I believe)(The judgment creditor believes) that the facts stated in this application form are true.
I am duly authorised by the judgment creditor to sign this statement.

*

signeddate*(Judgment creditor)(Litigation friend(where judgment creditor is a child or a patient))(Judgment creditor’s solicitor)*delete as appropriate

Full nameName of judgment creditor’s solicitor’s firm
position or office held
(if signing on behalf of firm or company)

Judgment creditor’s or
judgment creditor’ssolicitor’s address towhich documents
should be sent.

if applicable
Ref. no.
fax no.

Postcode

Tel. no.

DX no.

e-mail

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Order to attend
court forquestioning

In theClaim No.

Claimant
Defendant
20 , [the court] [[Master][District Judge]
On 				sitting at														]considered the application of the [claimant] [defendant] (‘the judgment creditor’), which shows that:a judgment or order given on					20 [by the						in claim no. 			
] ordered the [defendant] [claimant] (‘the judgment debtor’) [to pay money
to the judgment creditor, and that the amount now owing under the judgment or order is £			][and] [to															]and the court orders that
1. 						[who is an officer of] the judgment debtor [company][corporation] attend [the court] [				county court]
at 								on 					20 		before a [judge][court officer] at 			[a.m] [p.m.]to provide information about the judgment debtor’s means and any other information needed to enforce
the judgment or order.
[The questioning will take place before a judge.]
2. The [judgment debtor] [officer] at that time and place produce at court all documents in the judgment
debtor’s control [which relate to the judgment debtor’s means of paying the amount due under the judgment
or order and] which relate to those matters mentioned in paragraph 1. [The documents produced must
include those shown in the attached list.]
3. The [judgment debtor] [officer] at that time and place answer on oath, all the questions which the court asks
and which the court allows the judgment creditor to ask.
[4. The court where the questioning is to take place may make an order for payment of thecosts of the application and of the hearing.]
To
You must obey this order. If you do not, you may be sent to prison for contempt of court.
Amount owing
The application shows that the amount owing under the judgment or order(including any costs and interest) is 			£
The judgment creditor has paid a court fee of£__________
						
Total £__________
If the total amount owing is paid (together with any further interest falling due), the judgment creditor may
agree that the questioning need not take place (but may ask for an order for costs).
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N39 Order to attend court for questioning (03.02)

To the person ordered to attend
How to pay
Do not send payments to the court office. They will
not be accepted.
Payment must be made to the judgment creditor at
the address below, quoting the reference and the claim
number. Allow at least 4 days for payments sent by
post to arrive. It is not safe to send cash unless you use
registered post.
Keep records and make sure you can account for all
payments made. Proof may be needed if there is adisagreement.
If you need more information about paying, contact the
judgment creditor or representative.

Correspondence for the court relating to the hearing
should be addressed to ‘The Court Manager’ of thecourt where the hearing is to take place.
Travelling expenses
You may ask the judgment creditor to pay you asum reasonably sufficient to cover your travelling
expenses to and from court. You should ensure yourrequest reaches the judgment creditor within 7 days ofreceiving this order.
If the court orders you to pay the judgment creditor’s
costs, the order may include any amount which has
been paid to you for travelling expenses.

The information required
You will be required to disclose full details of yourincome and outgoings and your assets (what you own)
and liabilities (what you owe) and the matters referred
to in paragraph 1 of the order.
(If you have been ordered to attend as an officer
of a company or corporation, you will be required
to disclose the same details about the company or
corporation.)
Documents in your control
You must produce all documents which confirm theinformation required. If you do not have them in yourpossession, you must get them if you can.
These will include• pay slips• bank statements• building society books• share certificates• rent book• mortgage statement• hire-purchase and similar agreements• court orders on which you still owe money• other outstanding bills• electricity, gas, water and council tax bills for thelast year.
If you have a business or you are a partner in abusiness, or the judgment debtor is a company or
corporation, they will include the above documents so
far as they relate to the business and• bills or invoices owed to the judgment debtor• two years’ balance sheets and profit and loss
accounts• current management accounts.
If a list of additional documents is attached to thisorder, these too must be produced.

Judgment Creditor’s addressref.				Tel.

To the judgment creditor
If the hearing is to be before a judge, you or
your representative must attend and conduct
the questioning.
If the questioning is to be carried out by a court
officer, you need not attend, but you or yourrepresentative may attend if you wish to ask
questions.
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Record of examination

In the(Individual)

Claim No.
Appn. No.

Judgment Creditor:
Judgment Debtor:

1

Personal Information

Full NameYour age?

Present
address

National
insurance no.
Are you

married?

single?

separated?

divorced?

living with partner?

Phone numbers:
home

work

mobileother

Do you intend moving toanother address?

Yes
No

If Yes, what will yournew address be andwhen are you moving?

Date

Do you have any
dependant children?

Yes

If Yes, what are theirnames and ages?

Name

Age

No

Do you have otherdependants living with you,eg. elderly relatives?

YesNo

If Yes, what are theirnames and ages andto what extent are they
dependant?

EX140 Record of examination (individual) (April 2003)

通し26 ページ
Crown Copyright. Reproduced by Sweet & Maxwell Ltd

1

2

Employment Status
Are you

3

employed?

self employed?

unemployed?

retired?

Go to section 3
below

Go to section 4
page 3Go to section 5
page 5Go to section 6
page 5

Employment Details

What is youroccupation?

What is thename andaddress of youremployer andyour employee
number?

Where is yourplace of work
if different?

What is your gross pay
ie. before tax, national
insurance deductions?
Do you receive Working
Tax Credit?

employee number£

What is your average takehome pay including
overtime and commission?

per

£

per

If Yes, how much?

£

weeklymonthlyotherin cashby chequedirect to bank or building society account?

Yes

per

No
How often are you paid?
On which day are you
paid?
Is your pay paid
If direct to bank or building
society account what is
the name and address ofthe branch and accountnumber?

Do you have any jobs otherthan your main job?

account
numberYes

If Yes, ask for all the above details in relation to
all other jobs and set out information below.

No

2[ Go to Section 7 page 5 ]通し27 ページ

4

Self Employed

How long have you been
self employed?

What work do you do?

What is the name of yourbusiness?
Do you have businesspremises? eg. shop, yard,
lockupYes
No

What is your annual
turnover?

£How much do you draw
from the business?

£

Are you a

If Yes, what is their address?

What amount of proÞt did
the business make over thelast year?
persole trader?

What were your total
drawings in last 12 months?

££

partner? If a partner,(a) How many partners are there?

How many employees doyou have?
Do you complete Inland
Revenue self assessment?

No

Do you have accounts?

Yes

No

Do you employ an
accountant?

Yes

If Yes, what is theaccountant’s name andaddress?

If you don’t have an
accountant are accounts
audited by a third party?

Yes

Will you allow the creditor
to approach youraccountant or auditor or
Inland Revenue to verify
the information you havegiven in this section?
Are you working on any
contracts at the moment?
Name and address ofcustomer

No

No

%

(b) What is your share of thepartnership ?

Yes

If Yes,give name andaddress and say when audit
takes place?

Yes
No

Yes

Date of audit

If Yes, give details below

No
Nature of work

Contract Amount
Date payment
price £ outstanding £ expected

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Is any money still due toyou for work already done?

Yes

If Yes, give details below

No
Name and address ofcustomer

Nature of work

Contract Amount
Date payment
price £ outstanding £ expected

If money (see above) isoverdue what steps are
you taking to recover it?

Do you have contracts forwork in the future?

Name and address ofcustomerYes

If Yes, give details below

No

Nature of work

Expected
price £[ Go to Section 7 page 5 ]4通し29 ページ

5

Unemployed

How long have you been
unemployed?

What is your trade /training /profession?

What steps are you taking
to obtain employment?

Do you have any
outstanding job interviews?

What state beneÞts
do you receive?
(Housing beneÞt, if any
should be included section
8b on page 7)

Yes

If Yes, when?

No
Type of beneÞt

Amount Frequency of payment

DSS/BA ref.

[ Go to Section 7 below]

6

RetiredWhen did you retire?

By whom are yourpension(s) paid, how muchis paid and when?
(include both state andprivate pensions)

Pension fromAmount Frequency of payment[ Go to Section 7 below ]7

Other Income

Is there anyone else inyour household who is
employed? (Do not include
tenants/lodgers. See
section 8 on page 6)

What other state beneÞts do
you receive?
(Housing beneÞt, if any
should be included section
8b on page 7)

Yes
No

If Yes, how much do they
contribute to the running of thehome?

Type of beneÞt

£perAmount Frequency of payment[ Go to Section 8 page 6 ]DSS/BA ref.

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8

Residence

Is your homeyour own property?

lodgings?

Go to 8a below

Go to 8b page 7

rented from a council or housing
association?
Go to 8b page 7

rented unfurnished froma private landlord?

rented furnished froma private landlord?

Go to 8b page 7

Go to 8b page 7

other(e.g. mobile home) Go to 8b page 7

8a Your own property
Yes

Are you the sole owner?

No

If No, name joint owner(s)freehold?

Do you own the

When did you
buy theproperty?

leasehold?
Is your home ahouse?

bungalow?

Is itdetached?

semi-detached?

How many of the following
rooms does it have?

How much Council Tax do
you pay per year?

£

What was the purchaseprice of property?

£

Is your home mortgaged?

kitchens?

bedrooms?

bath/shower rooms?

What is its value now?

Yes

How much is currently
owed under the mortgage?

What type of mortgage doyou have? eg. repayment,
endowment etc.

years

£

When did you take out the
mortgage?

Yes

Is some or all of theinterest paid by the BeneÞts
Agency?
If Yes, how much is paideach month?

6£

If Yes, what is the name andaddress of your mortgage
lender?

£

How long is the mortgage
for?

terraced?

living rooms?

No

How much are yourmortgage payments permonth?

ßat?

No£
通し31 ページ

Do you let any part of your
home?

Yes
No

Yes

Do you have any loans
secured on your home?
(e.g. further mortgage)

If Yes, give names of thetenants/lodgers and detailsof rent received

If Yes, give the same details
as for the Þrst mortgage

No[ Go to Section 9 page 8]

8b Rented property
Do you rent

on your own?

jointly?

monthsyears

How long have you lived at
the property?

Do you share parts ofyour home with someone
unconnected with you?

Yes

Do you pay any additional
service charges inconnection with thepremises?

Yes

How much rent do you
pay?

What is thename andaddress of yourlandlord?

No

If Yes, give details

£

per

No

£

per

How much Council Tax do
you pay a year?

none

£
none

Do you sub-let any part ofyour home?

YesNo

If Yes, give names oftenants/lodgers and detailsof rent received.

Do you receive housingbeneÞt?

Yes

If Yes, give details

No

£

per

paid to[ Go to Section 9 page 8 ]通し32 ページ7

9

Savings, Investments and other Assets
Yes

Do you own any property
other than your home?

No

If Yes, give the address andvalue and details of any
mortgages and lettings

Do you have any bank, building society or other accounts?

Yes

No

If Yes, give details below
Name & Address ofBank Building Society

Account
No.

Type of
Account

Do you have any shares, investments (eg. ISAs, Tessas etc.),
insurance/assurance policies or premium bonds?

Are you making
contributions to a pension
scheme?

Yes
No

Balance

Sole orjoint A/c

Name(s) of joint accountholder(s)YesNo
If Yes, give details below

If Yes, givedetails

Do you have any of the following items and how long have you had them?
Is it owned by you,
If not owned by you, give;Age on hire purchaseAmount still owed
(years) credit sale or rented? Name of Creditor

Payments

Microwave
Hi-Þ / surround sound
Television (No._____)
Video
Camcorder
Computer
Dishwasher
CameraDining Room suite
Caravan
Mobile telephone
Musical instruments..
Other items….

8

通し33 ページ

Do you own a motor
vehicle?

Yes

Do you have any assets notpreviously mentioned?

Yes

If Yes, give details

No

AssetsYes

If Yes, who owes you money and how much do they owe?

Does anyone owe you
money, which is not abusiness debt or for work
you have done?

If Yes, give age, make, model value and registration number. State whether
it is owned by you, or subject to a hire purchase/ rental agreement.

No

Value

Value

No

10 Other Debts or regular payments and court orders
Expenses
Do not include payments made by other membersof your household out of their own income or priority
debts listed opposite

Priority Debts
This section is for arrears only. DO NOT include regularexpenses listed left
Total arrears
outstanding

Mortgage
Rent
Council tax
Gas
Electricity
Water charges
Housekeeping, food, school meals
Travelling expenses
Children’s clothing
Maintenance/child support
payments
Student loan repayments
Mail order payments
HP repayments
Digital/satellite TV subscriptions
Telephone
Mobile phone
Other expenses

Rent arrears
Mortgage arrears
Council tax/Community
charge arrears
Water charge arrears

£
£

per
per

£
£

£
£

per
per

£
£

Fuel arrears: Gas
Electricity
per
Other

£
£
£

per
per
per

£
£
£

Maintenance arrears
Income tax
VAT
National Insurance

£
£
£
£

per
per
per
per

£
£
£
£

Others (give details below)

£
£
£
£

per
per
per
per

£
£
£
£

Total Priority Debts

£

per

£

£
£
£
£
£
£
£
£

per
per
per
per
per
per
per
£
per

£
£
£
£
£
£
£
£
(not court orders, priority debts or£
credit debts listed left)£
Total Expenses £

per
per
per
per
per
per
per
per
per
per
per

通し34 ページ9

Have any court orders been
made against you?
Name of court andcase number

Yes

If Yes, give details below

No

Date ofAmount of Instalments Name of creditor
Judgment Judgment payable permonth
or order or orderTotal still Are payments If no, how muchup to date?
in arrears?
owed(yes/no)TOTALS
Do you owe money on
credit cards or any otherloans (not mortage orbusiness)?

Yes

If Yes, give details below

No
Total amount Instalments
Are payments up If no, how muchowing
payable per month to date? (yes/no) in arrears?

Name of Creditor

TOTALS

Have any bankruptcy
proceedings been issued
against you?

Yes

If Yes, what is the court
name and case no.

No
Is the petition

still pending?
order has been
made but notdischarged?

Has an Individual Voluntary
Arrangement been made?

Yesorder made but
discharged?
other outcome?
(give details below)

If Yes, give the dateNo
If No, is there a current
proposal for one?
Yes

No

Give details of Trustee/Insolvency Practitioner/
Administrator, supervisor

10

通し35 ページ

11 Offer of Payment
Yes

Can you make an offer of payment?

No

If No, please explain why

What is your offer of payment?
Pay in full by
Instalments of

Method of payment

day of£per

to start on

postal orderchequestanding order

payment bookdirect debit
cash

I certify that this is a correct record of the answers I gave to the questionsin this document.
SignedPrint name
Date

Judgment Debtor

The judgment debtor refused to sign this record of evidence.
SignedPrint name
Date

Court OfÞcer

The following costs of the examination have been allowed and added to the judgment debt £通し36 ページ11

12 Documents produced
The judgment debtor produced the following documents:

12

通し37 ページ

Record of examination

In the(ofÞcer of company or corporation)
Case No.
Appn. No.

Judgment Creditor:
Judgment Debtor:

1

Personal Information
Full Name
Phone numbers:

Present Address

Home
MobileWork
OtherYour position in
the company

2Company Information
Name of company

Company registrationno.

Business address

Telephone no.(s)Is the company
the sole occupier?

Yes

No

Registered ofÞce

EX141 Record of examination (ofÞcer of company or corporation) (April 2003)

Telephone no.(s)通し38 ページ
Crown Copyright. Reproduced by Sweet & Maxwell Ltd

1

Name and addressof other company
ofÞcers

3

Name and address ofcompany solicitors

Name and address ofcompany accountants

Where are thecompany trading
records held?

Where are thecompany’s statutory
books held?

Current operational status
What is the nature ofbusiness?

Is the company still
trading?

Yes

No

If No, when did thecompany cease
trading?

How were assets
disposed of?

2

通し39 ページ

Have you any current
contracts?

Yes

No

If Yes, what are they
and what is their total
value?

Value

Are there any staged
payments?

Yes

No

Have you any futurecontracts?

Yes

No

If Yes, what is thedate and amount of
the next and future
payments?

If Yes, what are they
and what is their total
value?

4

Value

Current Þnancial status
Does the company
hold any cash?

Yes

No

If Yes, say how muchand where held e.g.
named bank or other?

Does the company
have any overdraft
facilities?

Yes

No

If Yes, please provide
details of overdraft
facility

What is the name andaddress of the branch,account number andtype?

type of accountaccount number

通し40 ページ3

How much of theoverdraft facility haveyou used?

All

Part

Have you approached
the bank to increase
the limit?

Yes

No

If No, why not?

Is your overdraft
secured?

If Part, say how
much?

If Yes, what was
the response?

Yes

No

If Yes, how?

Þxed chargeÞxed and ßoating chargeßoating charge
personal guarantee

What assets areaffected by the
charge?

What is the current
turnover of thecompany?

5

AssetsWhat assets,
excluding property,
are owned outrightby your company? description, value andin the case ofvehicles, registration
numbers

4

通し41 ページ

What assets are
subject to hire
purchase?

value
last payment date

What assets are
subject to leasepurchase?

value
last payment date

What assets are on
lease?

Are there any debts
due to your company?

Yes

If Yes, give details

Name and address of debtor

No

Invoice no.

Totalamountowing?

Are amounts
owed disputed?
Yes/No通し42 ページ

5

Are any goods
supplied to the debtor
subject to a retentionof title clause?

Yes

No

If Yes, describe thegoods and enter theamount owed by the
debtor

Does your company
own livestock?

Has the company sold
any assets within thelast 12 months?

amount owed

Yes

Yes

No

Does your company
have/own
investments

Yes

No

shares

Yes

No

No

If Yes, on what datedescription of asset
soldbuyers name andaddresspurchase price6

通し43 ページ

6

Property
Does your company
own any real
property?

Yes

No

If Yes, please giveaddress(es) and value

Value
Are the premises
mortgaged?

Yes

No

Yes

No

Yes

No

If Yes, give detailsof lender’s name andaddressamount borrowed
amount outstanding
date borrowed
purchase pricecurrent value of
property
details of any
subsequent charges
Does your company
rent any premises
from a landlord?

Yes

No

If Yes, how much ispaid forrent?
council tax?

Is the rent in arrears?

Yes

No

service charges
etc.?

If Yes, how much?
What action is being
taken to recover thedebt?

通し44 ページ7

7

Liabilities
Please list all
Creditors

amounts owed

What actions are thecreditors taking torecover the debts?

Are the amounts
disputed by thecompany?
Are any of the debts
secured?
Does the company
have court order(s)against it?

Yes

No

Yes

Yes

No

If Yes, how?

No

Yes

No

Þxed chargeÞxed and ßoating charge

Yes

No

ßoating charge

If Yes, please provide
details of

personal guarantee

date of judgment
name of courtcase number
name of creditor
total amount owing
amount now due
rate of payments
being madeare payments inarrears?

Yes

No

Yes

No

Yes

No

Yes

No

If Yes, by how much?
Is the company able topay its debts as theyfall due?

8

通し45 ページ

8

Other information
Are there any
associated or
subsidiarycompanies?

Yes

No

If Yes, please provide
names

place of businessother trading
addresses

What accounting
records are kept?

Do you or any otherdirector/personnel
hold a loan accountwith the company?

Yes

Have any assets beentransferred to you or
any other director/
personnel personally

Yes

No

Have accounts been
submitted toCompanies House?

Yes

If Yes, what is thecurrent status?

overdrawn byNoin credit byNo

If Yes, please givedescriptionvalue
通し46 ページ9

Other information

Have you or any othermember of thecompany receivedbeneÞts other than by
way of salary?

Yes

No

If Yes, please givedetails

Additional information

10

通し47 ページ

9

Offer of Payment
Can the company
make payment in full
now?

Yes

No

If No, why?

When can thecompany makepayment in full?

Have you any otherproposal for payment?

10 Declaration
I certify that this is a correct record of the answers I gave to the questionsin this document.
SignedPrint nameDateOfÞcer of Judgment Debtor Company/Corporation

The ofÞcer of the judgment debtor company refused to sign this recordof evidence.
SignedPrint name
Date

Court OfÞcer

The following costs of the examination have been allowed and added to the judgment debt £通し48 ページ11

11 Documents produced
The ofÞcer produced the following documents:

12

通し49 ページ通し50 ページ通し51 ページ

Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)

Tribunals, Courts andEnforcement Act 2007
2007 CHAPTER 15

PART 4ENFORCEMENT OF JUDGMENTS AND ORDERSPROSPECTIVE

Information requests and orders
95

Application for information about action to recover judgment debt
(1) A person who is the creditor in relation to a judgment debt may apply to the High Courtor a county court for information about what kind of action it would be appropriate totake in court to recover that particular debt.
(2) An application under subsection (1) must comply with any provision made in
regulations about the making of such applications.

96

Action by the court(1) This section applies if the creditor in relation to a judgment debt makes an application
for information under section 95.
(2) The relevant court may make one or more of the following in relation to the debtor—(a) a departmental information request;(b) an information order.
(3) The relevant court may exercise its powers under subsection (2) only if it is satisfied
that to do so will help it to deal with the creditor's application.

通し52 ページ2

Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)(4) Before exercising its powers under subsection (2), the relevant court must give noticeto the debtor that the court intends to make a request or order.
(5) The relevant court may not make a departmental information request to theCommissioners unless regulations are in force that have been made under
section 102(4) and (7) and relate to the use or disclosure of debtor information
disclosed by the Commissioners.
(6) The relevant court may disclose such information (including information identifying
the debtor) as it considers necessary to assist the recipient of a request or order tocomply with the request or order.
(7) A disclosure under subsection (6) is not to be taken to breach any restriction on thedisclosure of information (however imposed).
(8) Nothing in this section is to be taken to prejudice any power that exists apart from thissection to request or order the disclosure of information.
97

Departmental information requests(1) A departmental information request is a request for the disclosure of information heldby, or on behalf of, a government department.
(2) The request is to be made to the Minister of the Crown, or other person, who is incharge of the department.
(3) In the case of a request made to the designated Secretary of State, the disclosure ofsome or all of the following information may be requested—(a) the full name of the debtor;(b) the address of the debtor;(c) the date of birth of the debtor;(d) the national insurance number of the debtor;(e) prescribed information.
(4) In the case of a request made to the Commissioners, the disclosure of some or all of
the following information may be requested—(a) whether or not the debtor is employed;(b) the name and address of the employer (if the debtor is employed);(c) the national insurance number of the debtor;(d) prescribed information.
(5) In the case of any other request, the disclosure of prescribed information may berequested.
(6) In this section—“designated Secretary of State” means the Secretary of State designated forthe purpose of this section by regulations;“government department” does not include the following—(a) any part of the Scottish Administration;(b) a Northern Ireland department;(c) the Welsh Assembly Government or any member of staff appointed
under section 52 of the Government of Wales Act 2006 (c. 32);

通し53 ページ3

Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)“prescribed information”, in relation to a departmental information request,
means information that falls within the category or categories of information(if any) prescribed by regulations in relation to the department to which therequest relates.
98

Information orders(1) An information order is an order of the relevant court which—(a) specifies a prescribed person (“the information discloser”),(b) specifies prescribed information relating to the debtor (“the required
information”), and(c) orders the information discloser to disclose the required information to therelevant court.
(2) In subsection (1) “prescribed” means prescribed in regulations.
(3) Regulations under this section may be made by reference to—(a) particular persons or particular descriptions of person (or both);(b) particular information or particular descriptions of information (or both).
(4) Regulations may, in particular, be made under this section so as to ensure that—(a) an information order made against a particular person, or a person of aparticular description, may order that person to disclose only particular
information, or information of a particular description;(b) an information order that orders the disclosure of particular information, or
information of a particular description, may only be made against a particularperson, or a person of a particular description.
(5) Regulations under this section must not make provision that would allow the relevant
court to order—(a) the disclosure of information by the debtor, or(b) the disclosure of information held by, or on behalf of, a government
department.

99

Responding to a departmental information request(1) This section applies if the relevant court makes a departmental information request.
(2) The recipient of the request may disclose to the relevant court any information(whether held by the department or on its behalf) that the recipient considers isnecessary to comply with the request.
(3) A disclosure under subsection (2) is not to be taken to breach any restriction on thedisclosure of information (however imposed).
(4) Nothing in this section is to be taken to prejudice any power that exists apart from thissection to disclose information.

100

Information order: required information not held etc.
(1) An information discloser is not to be regarded as having breached an information orderbecause of a failure to disclose some or all of the required information, if that failure
is for one of the permitted reasons.

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Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)(2) These are the permitted reasons—(a) the information provider does not hold the information;(b) the information provider is unable to ascertain whether the information is held,
because of the way in which the information order identifies the debtor;(c) the disclosure of the information would involve the information discloser in
unreasonable effort or expense.
(3) It is to be presumed that a failure to disclose required information is for a permitted
reason if—(a) the information discloser gives the relevant court a certificate that complies
with subsection (4), and(b) there is no evidence that the failure is not for a permitted reason.
(4) The certificate must state—(a) which of the required information is not being disclosed;(b) what the permitted reason is, or permitted reasons are, for the failure todisclose that information.
(5) Any reference in this section to the information discloser holding, or not holding,information includes a reference to the information being held, or not being held, on
the information discloser's behalf.
101

Using the information about the debtor(1) This section applies if—(a) the creditor in relation to a judgment debt makes an application for
information under section 95, and(b) information (“debtor information”) is disclosed to the relevant court incompliance with a request or order made under section 96.
(2) The relevant court may use the debtor information for the purpose of making anotherrequest or order under section 96 in relation to the debtor.
(3) The relevant court may use the debtor information for the purpose of providing thecreditor with information about what kind of action (if any) it would be appropriate totake in court (whether the relevant court or another court) to recover the judgment debt.
(4) If the creditor takes any action in the relevant court to recover the judgment debt, therelevant court may use the debtor information in carrying out functions in relation tothat action.
(5) If the creditor takes any action in another court to recover the judgment debt—(a) the relevant court may disclose the debtor information to the other court, and(b) the other court may use that information in carrying out functions in relation
to that action.
(6) Debtor information may be used or disclosed under any of subsections (3) to (5) only
if—(a) regulations about such use or disclosure of information are in force, and(b) the use or disclosure complies with those regulations.

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Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)(7) In addition, if the debtor information was disclosed by the Commissioners, theinformation may be used or disclosed under any of subsections (3) to (5) only withthe consent of the Commissioners.
(8) Consent for the purposes of subsection (7) may be given—(a) in relation to particular use or a particular disclosure, or(b) in relation to use, or a disclosure made, in such circumstances as may be
specified or described in the consent.
(9) The use or disclosure of information in accordance with this section is not to be taken
to breach any restriction on the use or disclosure of information (however imposed).
(10) Nothing in this section is to be taken to prejudice any power that exists apart from thissection to use or disclose information.
102

Offence of unauthorised use or disclosure(1) This section applies if—(a) an application is made under section 95 in relation to recovery of a judgment
debt (“the relevant judgment debt”),(b) a departmental information request or an information order is made inconsequence of that application, and(c) information (“debtor information”) is disclosed in accordance with the requestor order.
(2) A person to whom the debtor information is disclosed commits an offence if he—(a) uses or discloses the debtor information, and(b) the use or disclosure is not authorised by any of subsections (3) to (6).
(3) The use or disclosure of the debtor information is authorised if it is in accordance withsection 101.
(4) The use or disclosure of the debtor information is authorised if it is—(a) in accordance with an enactment or order of court, or(b) for the purposes of any proceedings before a court,
and it is in accordance with regulations.
(5) The use or disclosure of the debtor information is authorised if the information has
previously been lawfully disclosed to the public.
(6) The use or disclosure of the debtor information is authorised if it is in accordance withrules of court that comply with regulations under subsection (7).
(7) Regulations may make provision about the circumstances, if any, in which rules ofcourt may allow access to, or the supply of, information disclosed in accordance witha department information request or an information order.
(8) It is a defence for a person charged with an offence under subsection (2) to prove that
he reasonably believed that the use or disclosure was lawful.
(9) A person guilty of an offence under subsection (2) is liable—(a) on conviction on indictment, to imprisonment for a term not exceeding two
years, to a fine or to both;

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Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)

(b)
103

on summary conviction, to imprisonment for a term not exceeding twelve
months, to a fine not exceeding the statutory maximum, or to both.

Regulations(1) It is for the Lord Chancellor to make information regulations.
(2) But the Lord Chancellor may make the following regulations only with the agreementof the Commissioners—(a) regulations under section 97(4)(d);(b) regulations under section 102(4) or (7) so far as the regulations relate to theuse or disclosure of debtor information disclosed by the Commissioners.
(3) Information regulations are to be made by statutory instrument.
(4) A statutory instrument containing information regulations may not be made unlessa draft of the instrument has been laid before and approved by a resolution of eachHouse of Parliament.
(5) But subsection (4) does not apply in the case of a statutory instrument that contains
only—(a) regulations under section 95, or(b) regulations under section 97 which designate a Secretary of State for the
purpose of that section.
(6) In such a case, the statutory instrument is subject to annulment in pursuance of aresolution of either House of Parliament.
(7) In this section “information regulations” means regulations under any of sections 95
to 102.

104

Interpretation(1) This section applies for the purposes of sections 95 to 103.
(2) In those provisions—“Commissioners” means the Commissioners for Her Majesty's Revenue
and Customs;“creditor”, in relation to a judgment debt, means—(a) the person to whom the debt is payable (whether directly or through anofficer of any court or another person);(b) where the debt is payable under an administration order (within themeaning of Part 6 of the County Courts Act 1984 (c. 28)), any one of
the creditors scheduled to the order;“debtor”, in relation to a judgment debt, means the person by whom thedebt is payable;“departmental information request” has the meaning given by section 97;“information” means information held in any form;“information discloser”, in relation to an information order, has themeaning given by section 98(1)(a);“information order” has the meaning given by section 98;“judgment debt” means either of the following—

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Tribunals, Courts and Enforcement Act 2007 (c. 15)
Part 4 – Enforcement of judgments and orders
Document Generated: 2014-03-21
Status: This version of this cross heading contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by
the team appear in the content and are referenced with annotations. (See end of Document for details)

7(a) a sum which is payable under a judgment or order enforceable by theHigh Court or a county court;(b) a sum which, by virtue of an enactment, is recoverable as if it were
payable under a judgment or order of the High Court or of a county court(including a sum which is so recoverable because a court so orders);“required information”, in relation to an information order, has the meaning
given by section 98(1)(b);“relevant court”, in relation to an application under section 95, means thecourt to which the application is made.
(3) Any reference to information held on behalf of a government department, or on behalfof an information discloser, includes a reference to any information which—(a) is held by a person who provides services to the department or to theinformation discloser, and(b) is held by that person in connection with the provision of those services.
105

Application and transitional provision(1) Sections 95 to 104 apply in relation to any judgment debt, whether it became payable,or recoverable, before or after the commencement of those sections.
(2) In relation to an offence committed before the commencement of section 154(1) of
the Criminal Justice Act 2003 (c. 44), the reference in section 102(9)(b) to 12 months
is to be read as a reference to 6 months.

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Tribunals, Courts and Enforcement Act 2007 (c. 15)
Document Generated: 2014-03-21

Status:This version of this cross heading contains provisions that are prospective.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Tribunals,
Courts and Enforcement Act 2007. Any changes that have already been made by the team appear
in the content and are referenced with annotations.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those
provisions):–s. 6A inserted by 2013 c. 22 Sch. 14 para. 9

Commencement Orders yet to be applied to the Tribunals, Courts and Enforcement
Act 2007
Commencement Orders bringing legislation that affects this Act into force:–
S.I. 2013/2192 reg. 48 49 savings for effects of commencing SI 2013/2200 art. 3(a)(e)(f)

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COUNCIL OF
THE EUROPEAN UNION

Brussels, 28 November 2013

16991/13
ADD 1

Interinstitutional File:
2011/0204 (COD)

JUSTCIV 291
CODEC 2756

ADDENDUM TO NOTE
from :
Presidency
to :Council
No. Cion prop. : 13260/11 JUSTCIV 205 CODEC 1280
No. prev. doc. 16571/13 JUSTCIV 275 CODEC 2660 ADD 1
Subject :Proposal for a Regulation of the European Parliament and of the Council creating
a European Account Preservation Order to facilitate cross-border debt recovery incivil and commercial matters
General Approach

Delegations will find in the Annex the text of the Articles and of some selected recitals of the above
proposal proposed by the Presidency as a compromise with a view to the adoption of a generalapproach by the Council (Justice and Homer Affairs) at its meeting on 5 and 6 December 2013.
Changes compared to the text of the Commission proposal are marked in bold or by (…) for deleted
text.

______________

16991/13 ADD 1

DG D 2A

BM/BS/abs

1EN

通し60 ページ5.

This Article does not deal with the question of a possible liability of the creditor
towards the bank or any third party.
Article 17
Request for obtaining account information

1.

Where the creditor has obtained in a Member State an enforceable judgment, court
settlement or authentic instrument which requires the debtor to pay the creditor’s
claim and the creditor has reasons to believe 36 that the debtor holds one or moreaccounts with a bank in a specific Member State, but knows neither the name and/or
address of the bank nor the BIC, IBAN or another bank number capable ofidentifying the bank, he may request the court with which the application for the
Preservation Order is lodged to request that the information authority of the Member
State of enforcement obtain the (…) information necessary to enable the identification of
the bank or banks and of the debtor’s account(s). (…) 37

2.

The creditor shall make his request in the application for the Preservation Order. (…)
The creditor shall substantiate why he believes that the debtor holds one or moreaccounts with a bank in the specific Member State and shall provide all relevant
information available to him about the debtor and the account or accounts to bepreserved. If the court seised with the application for a Preservation Order considers
that the creditor's request is not sufficiently substantiated, it shall reject it.

3.

When the court is satisfied that the creditor's request is well-substantiated and that
all the conditions and requirements for issuing the Preservation Order are met,
except for the information requirement set out in point (c) of Article 8(2), and when,
where applicable, the creditor has provided security pursuant to Article 16a (…) the
court shall transmit the request for information to the information authority in theMember State of enforcement in accordance with Article XX.

36

37

The recitals could give examples of situations which would give reasons to believe that a
debtor holds an account in a specific Member State, e.g. that the debtor works or exercises a
professional activity in that Member States or has property there.
The last phrase of this paragraph has been integrated into paragraph 2.

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通し61 ページ4.

To obtain the information referred to in paragraph 1, the information authority in theMember State of enforcement shall use one of the methods available in that Member
State pursuant to paragraph 5. (…). 38

5.

Each Member State shall make available in its national law at least one of thefollowing methods of obtaining the information referred to in paragraph 1:(a)an obligation on all banks in its territory to disclose, upon request by the
information authority, whether the debtor holds an account with them;(b)access for the information authority to the relevant information (…) where that
information is held by public authorities or administrations in registers or otherwise;(c)the possibility for its courts to oblige the debtor to disclose with which bank orbanks in its territory he holds one or more accounts where such an obligation isaccompanied by an in personam order by the court prohibiting the withdrawal
or transfer by him of funds held in his account or accounts up to the amount tobe preserved by the Preservation Order; or(d)any other methods which are effective and efficient for obtaining the relevant
information provided that they are not disproportionate with regard to costs or
time.

Irrespective of the method or methods made available by a Member State, allauthorities involved in obtaining the information shall act expeditiously.

38

The second phrase of this paragraph has been moved to the new paragraph 5a.

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24EN

通し62 ページ5a.

As soon as the information authority in the Member State of enforcement has obtained
the account information, it shall transmit it to the requesting court in accordance with
Article XX.

5b.

If the information authority is unable to obtain the information referred to inparagraph 1 it shall inform the requesting court accordingly. Where as a result ofsuch information the application for a Preservation Order is rejected in full therequesting court shall without delay release any security that the creditor has
provided pursuant to Article 16a.

6.

(…) Where under paragraph 4, the information authority is provided withinformation by a bank or is granted access to account information held by publicauthorities or administrations in registers, the notification of the debtor of thedisclosure of his personal data shall be deferred for 30 days, in order to prevent thatan early notification may jeopardise the effect of the Preservation Order.
Article 18
Interest and costs

1.

At the request of the creditor, the Preservation Order shall include any interest
accrued under the law applicable to the claim until the date the Order is issued
provided that the amount or type of interest does not constitute a violation ofoverriding mandatory provisions in the law of the Member State of origin.

2.

Where the creditor has already obtained a judgment, court settlement or authentic
instrument the Preservation Order shall, at the request of the creditor, also include
the costs of obtaining the title in question, to the extent that a determination has been
made that these costs must be borne by the debtor.

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25

EN

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