Blogs

#BorisJohnson #BorisisBroke

County Court Judgement

Prime Minister Boris Johnson may find it difficult to successfully contest a County Court Judgment (“CCJ”) for £535 entered against him in October last year. 

The Judgment was entered because he did not participate in proceedings issued against him, however, the details of the creditor and nature of the debt are currently unknown although the BBC reports that the proceedings relate to a defamation claim against the PM.

Contesting a CCJ 

In order to contest the proceedings now, the PM will have to apply promptly to the Court to have the Judgment set aside.  Any delay in doing so will prejudice the success of any such application. 

What is Set Aside?

Anyone who has had a county court judgement (CCJ) against them can apply for it to be cancelled – referred to as "set aside" in legal language, however there has to be a good reason for this to happen and, as explained above, any application has to be made promptly.

Test applied by the Court

The Court will need to be satisfied that, the judgement was not issued in error (for example if the debt was paid), the PM was not served with the proceedings, and that he was only made aware of the existence of the Judgment very recently. 

Even if the Court is satisfied that the proceedings were not served, it still needs to be satisfied that there is a triable defence.  The Court will not set aside a Judgment and re-open the claim if there are no reasonable prospects of successfully defending it. 

Warning

Managing Partner and Dispute Resolution specialist Alan Carter says  “It is advisable to never ignore proceedings when they are served and if you receive a Judgment in relation to proceedings you have no knowledge of, remember that an Application to set aside will only succeed if you have a “reasonable” chance of defending and you make your Application promptly”.

Clock ticking

If County Court proceedings are received time limits kick in which, if not followed, will result in such a Judgment in default. 

Enforcement

A County Court Judgment can be enforced.  A County Court Judgment will remain for 6 years on the Court Record and affects credit ratings. 

For advice on CCJ’s or general dispute resolution matters please contact a member of our specialist team on 020 8363 4444.