The United Kingdom's exit from the European Union created a significant procedural shift for creditors pursuing UK-based debtors. The European Order for Payment, European Enforcement Order, and European Account Preservation Order no longer apply to UK debtors. For creditors who relied on these instruments, the change required a fundamental reorientation of enforcement strategy.

The reorientation, however, reveals something that many EU creditors didn't fully appreciate: the UK's domestic enforcement system is, in many respects, more powerful than the EU instruments it replaced. The UK's combination of statutory demands, County Court judgments, and High Court enforcement officers provides a creditor-friendly enforcement framework that produces results comparable to or better than the EU cross-border instruments.

The enforcement toolkit

The statutory demand. Under Section 123 of the Insolvency Act 1986, a creditor owed more than £750 by a company can serve a statutory demand requiring payment within 21 days. If the company fails to pay or apply to set aside the demand, it is deemed unable to pay its debts — and the creditor can petition to wind up the company. The statutory demand is the UK's most powerful pre-litigation enforcement instrument because the consequence of non-compliance is existential: the potential dissolution of the debtor's business.

The County Court judgment (CCJ). For claims up to £100,000, the County Court provides an efficient litigation process through the Money Claims Online (MCOL) system. Claims can be filed electronically, and if the debtor does not file a defence within 14 days, the creditor can obtain default judgment. The process is fast, inexpensive (filing fees from £205-£455), and produces an enforceable judgment.

The High Court enforcement officer (HCEO). For judgments above £1,000 (transferred from the County Court to the High Court for enforcement), High Court enforcement officers have broad powers: entering commercial premises, seizing goods, and compelling payment. HCEOs operate on a results-based fee structure and are incentivised to enforce effectively. The HCEO system is one of the most efficient enforcement mechanisms in Europe.

Third-party debt orders. A creditor with a judgment can apply for a third-party debt order under CPR Part 72, which freezes and then transfers funds owed to the debtor by a third party (typically a bank). The interim order freezes the account immediately upon service; the final order transfers the funds to the creditor.

The UK debtor playbook

UK commercial debtors tend to respond quickly to professional enforcement engagement. British business culture treats debt enforcement as a legitimate commercial process, and most UK debtors understand the consequences of ignoring statutory demands and court proceedings.

The primary delay tactic used by UK debtors is the disputed claim defence. Debtors file defences to County Court claims alleging quality issues, performance failures, or contractual disputes. For creditors with comprehensive documentation — signed contracts, delivery confirmations, and correspondence acknowledging the debt — these defences are manageable through summary judgment applications under CPR Part 24.

Post-Brexit cross-border considerations

For EU creditors pursuing UK debtors post-Brexit, the enforcement pathway has changed but remains practical. Foreign judgments from EU member states can no longer be enforced through the simplified EU recognition procedures. Instead, EU creditors must either obtain a fresh judgment in the UK courts (which is efficient for well-documented claims) or enforce through the Hague Convention on Choice of Court Agreements (if the contract contains an exclusive jurisdiction clause).

For creditors whose contracts contain arbitration clauses, the New York Convention continues to apply — arbitral awards remain enforceable in the UK through the Arbitration Act 1996.

The practical implication: EU creditors should review their contracts with UK counterparties to ensure they contain either exclusive jurisdiction clauses (enabling Hague Convention enforcement) or arbitration clauses (enabling New York Convention enforcement). Without either, the creditor may need to re-litigate in the UK.

If you're holding receivables against UK entities and need to understand the post-Brexit enforcement pathway, our London team can provide a claim-specific assessment. Brief us with your claim details.