EJO System

Northern Ireland has a unique system for the enforcement of Judgments. This system is significantly different from the present system in the Republic of Ireland and the modernized England and Wales system.

The EJO is an independent office established by law in Northern Ireland. The EJO consists of a master, chief enforcement officer, 50 enforcement officers, and staff of about 80. There are three principal sections. The types of Orders enforced by the EJO are set out above.

The EJO keeps a register of Judgments. The register is a register of all Judgments for which Applications for enforcement are made (includes all Judgments on which a stay on the grounds of the debtor’s inability to pay?). Registered Attachment of Earnings Orders, Administration Orders, Orders for committal are also included in the register.

The register is open to members of the public on payment of a search fee. Facilities for online searches are available.

Court Orders should generally be obeyed. Disobedience to Court Orders can lead to consequences.

Prior to a Judgment, there is very little that can be done to enforce a claim other than in relation to pre-remedy.  Applications can be made to preserve assets, prevent a defendant from reducing assets, give security for costs, or appointing a receiver or lis pendens.

Most methods of enforcement of Judgments in Northern Ireland are undertaken through the Enforcement of Judgments Office.

Court Judgments are not enforced automatically. The applicants in the action must obtain a form of decree from the County Court, High Court, or other Court. The Court Offices will issue the form of decree.

A person liable under a Judgment or Court Order is bound to perform it. Notice is not generally required. In some cases, Judgments may be stayed or postponed by their terms.Stays may be granted in relation to ejectment from land.

In the case of money Judgments, these are often postponed for a number of weeks to facilitate payment. Similarly, matters can be stayed pending appeal or the trial of another counterclaim.

The Courts Office will endorse the terms of the stay on the Court Order. The decree does not issue until the stay is removed.

The applicant seeking enforcement may need to lodge an affidavit setting out particulars of default before the Office confirms the removal of the stay.

In some cases, it is necessary to get Court leave to enforce an Order. This can apply to the following situations: against a partner’s or trader’s personal property in the case of Judgment against a firm, against personal property where Judgment is against a firm name where there is a change of the party entitled or liable, since this may happen by reason of death, bankruptcy.

In the case of Judgments against the Crown, the person with a Judgment obtains a certificate from the officer which is served on the Crown’s solicitor.

Judgments against firms are enforced against the firm’s assets. Leave of Court is required for execution against other properties of the partner.

In some cases, there is a direct right of recourse against the insurer. If the insured goes bankrupt, becomes insolvent, or settles with his creditors, there is a direct right against the insurer under special legislation in Northern Ireland with no direct equivalent in the Republic of Ireland, limited direct equivalent.

Special procedures apply to road traffic matters. Insurers are obliged to satisfy the Judgment.

Northern Ireland Judgments can be enforced abroad, and foreign Judgments can be enforced in Northern Ireland under the Judgments regulations. There is special legislation allowing direct enforcement of Judgments of Great Britain and certain other countries by registration in Northern Ireland High Court.

All enforcement proceedings to enforce civil Judgments for money, possession of land, recovery of good foreign money Judgments except committal and sequestration are taken to the enforcement of Judgments Office. There is no need to enforce Judgment, serve notice on the defendant other than in cases of committal and sequestration.

Application must be made and the appropriate fees paid to the Enforcement of Judgments Office (“EJO”). After six years, leave of the enforcement Judgments Office is required to enforce Judgment. After 12 years, no further enforcement can be taken.

The EJO can enforce Judgment by

installment Order,

seizure and sale of goods,

• Order for delivery and possession of land,
• imposing a charge on land,
• Order for delivery of goods,
• Charging Order on funds,
• Debenture Order,
• Stop Order, and
• Order on funds in Court,
• Restraining Order on shares,
• Partnership Order,
• appointment of a receiver,
• attachment of debts,
• attachment of earnings.

The EJO seeks to recover their own expenses and costs.. There is interest at 8% on money payable under the Judgment.

The EJO can set off cross Judgments, plaintiff against defendant.

Judgment for possession of land is enforced by the EJO making an Order for possession. It gives notice of intention to make the Order to the parties in possession.

A Judgment for delivery of goods is enforceable by a Delivery Order. A Judgment in possession of land entitles the EJO to eject the person in possession, whether they are the defendant or not. A person claiming an interest may apply for possession to Court to assert the rights.

If a certain sum not exceeding €3,000 is claimed, direct Application can be made to the EJO, who may summon the debtor. If the debtor admits or does not respond, the debt may be enforced as if it were a Judgment. This is limited to claims due to governmental offices and public authorities. It cannot be against persons outside Northern Ireland.