Debt Recovery in the Commercial Court

21 May 2021 
2 minutes
Debt Recovery & Insolvency

As the covid restrictions begin to ease, it is hoped by many creditors that they will now be paid on outstanding invoices which debtors have refused to pay, citing the pandemic as a reason for defaulting on payments. Despite this, there will be many who refuse to pay and force creditors to instigate legal action.

One viable option open to creditors is to proceed via the Civil Courts to obtain a Judgment and seek to enforce this via the Enforcement of Judgments Office. For cases above £30000.00 in value, legal action is commenced via the High Court and for debt cases, in particular, such cases can be taken in the Commercial Court in the High Court of Justice.

The Commercial Court progresses commercial actions at a faster rate by the Commercial Judge issuing a set of directions and then sitting at regular intervals to progress the case management of the litigation. This allows cases to be streamlined, avoiding unnecessary delays.

Commercial litigation can be lengthy and complex and requires the use of various experts. The Commercial Court by its very nature holds an appreciation of the spectrum of commercial litigation and can offer prompt understanding and provide effective remedies.

For undefended High Court actions, debtors are required to discharge the debt in full within 14 days from the date of service of the writ. If they fail to pay and no appearance has been entered, the creditor can proceed in obtaining Judgment against the debtor and proceed with enforcement action.

In uncertain times, the commencement of legal proceedings can be the best way to obtain security of your debt and significantly improve your chances of recovery. MKB Law will advise on each individual debt to ensure that the most practical method of recovery is used for the particular debt.

Please contact our Debt Recovery & Insolvency team to discuss who will be happy to discuss the processes available in general or how to recover any specific debts owed to you.

Contact David

David McAlinden
028 9099 3116

Contact Billy

Billy Muir
028 9099 3147

Contact Ruairi

Ruairi Maguire
Trainee Solicitor
028 9099 3145

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This article is for general guidance only and should not be regarded as a substitute for professional legal advice.


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