Registering and Enforcing Scottish Decrees in England & Wales.

Registering and Enforcing Scottish Decrees in England & Wales

If you are based in Scotland and wish to for us to register a Foreign Judgment in England and Wales at the Royal Courts of Justice, London, we must adhere to Civil Procedure Rules, part 74.

What You Must Provide

  • An original copy of the ‘Certificate of the Sheriff Clerk under Section 18 of Schedule to the Civil Jurisdiction and Judgments Act 1982’, detailing payment is due, this must have the Court’s seal on it
  • A notarised Affidavit in relation to paragraph 3 of the Act of Sederunt (Enforcement of Judgments under Civil Jurisdiction and Judgment Acts 1982) 1986
  • A copy of the Decree
  • A payment of £144 (costs £120+VAT and the Court fee of £50) upon instruction

The Registration of the Decree/Judgment at the Royal Court of Justice takes between 6 and 8 weeks.

Upon registration we can arrange for action to be taken by trusted High Court Enforcement Officers or for enforcement by various other means, on your behalf.

Debt Collection Process and Procedures

Whilst the judgment is in the process of being registered, it is possible for you to instruct Tremark to commence debt recovery actions against the debtor. In many cases the debtor / defender in England or Wales is not aware that proceedings are in the process of being transferred from Scotland to England for enforcement. It has proven beneficial on various occasions for Tremark to make attempts to speak with the debtor and to enter into negotiations for payment. This has often lead to a faster resolution.
Any amount recovered will be charged at the agreed commission rate.
To undertake Debt Collection activities we need the following from you (together with the details listed above):

  • A copy of the proceedings
  • Details of the particulars of the debt
  • A copy statement of the invoices due
  • All known contact details
  • A brief history of the debt, i.e correspondence between you and the debtor/ defender

Can your debtor pay? Which enforcement?

Tremark are one of the UK’s most reputable and professional investigation companies and work with a large number of solicitors and debt recovery agencies.
Our Pre-Sue reports can help you decide which is any enforcement is most likely to result in a successful recovery and also ascertain the debtors financial position before potentially unnecessary expensive legal court and court fees are incurred.
We offer a variety of investigatory services to suit your needs and budget.
If you require to find out more information about how to register and enforce a Scottish Decree or debt collection in England and Wales please get in touch.