A High Court enforcement officer (HCEO) is an officer of the
High Court of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as ''
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
's officers'' and were responsible for enforcing High Court
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s on behalf of the
high sheriff for each
county
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
, but they are now directly responsible for such writs. HCEOs operate only in England and Wales.
Role and history
High Court enforcement officers are authorised by the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, and assigned to one of a number of enforcement districts. Historically they would be assigned to the ''shrieval county'' (roughly the historic ''
shire
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
'') of the corresponding high sheriff, but under the
Courts Act 2003
The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review ...
, this connection is severed and the districts are not necessarily conterminous with the shrievalty. The officers retain the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
powers of a sheriff, and, like the sheriff previously, can delegate this authority to others acting in their presence and on their behalf; every
constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
is obliged, upon their request, to assist them in executing a writ.
Power of the High Court
Unlike a
County Court bailiff
County Court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. Bailiffs can seize and sell goods to recover the ...
, who is an officer of a lower court, an HCEO is an officer of the High Court, and consequently has much greater power.
No notice is required to the party on which the writ is executed; commercial premises can be broken into by the officer by any means they choose; and once present in a property they cannot be forcibly removed.
Obstructing an HCEO in the execution of a writ is considered to amount to a
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
, as was historically the case with sheriff's officers.
Writs
The most common writ is the ''writ of control'', known until 2014 as a ''writ of
fieri facias
A ''fieri facias'', usually abbreviated ''fi. fa.'' (Latin for ''that you cause to be made''), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor.
The ter ...
''.
This writ is essentially for debt collection, but it actually takes the form of an order to the officers to seize goods from the
judgment debtor In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the ne ...
worth a particular amount of money; the HCEO will attend the debtor's premises, seize the goods, and then sell them at auction.
Once the writ is awarded, the judgment debtor can avoid the removal and sale of assets by either paying in full or agreeing to a
repayment plan A repayment plan is a structured repaying of funds that have been loaned to an individual, business or government over either a standard or extended period of time, typically alongside a payment of interest. Repayment plans are prominent within the ...
. If they take this action, the assets will still technically remain seized and belong to the court until the debt is fully cleared, but are normally left ''in situ'' under a walking-possession agreement. Any proposed repayment schedule will have to be agreed by the claimant. Should the judgment debtor subsequently default on a payment, the claimant can instruct the HCEO to attend to remove and sell the seized assets; if the debtor disposes of the assets, they are committing contempt of court.
The debt does not need to be argued in the High Court; provided the amount owed is at least £600 (in 2014), the debt did not arise in a matter covered by the
Consumer Credit Act 1974
The Consumer Credit Act 1974c 39 is an Act of the Parliament of the United Kingdom that significantly reformed the law relating to consumer credit within the United Kingdom.
Prior to the Consumer Credit Act, legislation covering consumer credi ...
, and payment has not been made within the specified time, a
County Court judgment
Description
In England and Wales, County Court judgments (CCJs) are legal decisions handed down by the County Court. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit ref ...
can be transferred to the High Court for enforcement. The High Court fee for issuing a writ of control is £71; together with the HCEO's fees, this £71 court fee is added by the writ to the amount to be recovered from the debtor.
Sources
hceoa.org.uk Have you been visited by a High Court Enforcement Officer
Difference between a bailiff and a High Court Enforcement Officer
equivo.com What cases can a High Court Enforcement Officer assist with
References
{{Court officers of the United Kingdom
Law enforcement occupations in the United Kingdom
Enforcement officer