Court Bailiff Costs

born_again

Pav123 said:

ArbitraryRandom said:

That's why it's important for you to work out if the business has any money/owns anything  before you spend a lot on enforcement - like by asking the court to require an officer of the business to give an account of the business (and they can be fined/held in contempt if they fail to do so within the timescales or if you can prove they're giving false accounting).  

That is much clearer. Using the court to give an account of the business seems a cheap next step. I was put off as from our experiences the business would most likely just ignore the court request. However that seems covered by fine/contempt of court so may be the next step to take. Thank you for your time explaining.

Not in these cases. 
Many cases like yours, they simply do nothing & you win by default.
Remember this is not a court of law, where someone is on trial. 

user1977

Pav123 said:

user1977 said:

On what basis do you think you can hold the director responsible rather than the relevant company?

The CCJ names the LTD company. Who would be responsible for ignoring the terms of a CCJ if not the owner / director? LTD companies I find slightly confusing.

The limited company is responsible. The directors have certain legal responsibilities, and in theory might become personally liable in some circumstances - but I think you can forget about that avenue unless it's a massive debt and you've got some actual evidence that there's something more going on than a company which just doesn't have sufficient assets.

This after all is the whole point of limited liability i.e. the buck stops with the company, not the directors or shareholders.

ArbitraryRandom

born_again said:

Pav123 said:

ArbitraryRandom said:

That's why it's important for you to work out if the business has any money/owns anything  before you spend a lot on enforcement - like by asking the court to require an officer of the business to give an account of the business (and they can be fined/held in contempt if they fail to do so within the timescales or if you can prove they're giving false accounting).  

That is much clearer. Using the court to give an account of the business seems a cheap next step. I was put off as from our experiences the business would most likely just ignore the court request. However that seems covered by fine/contempt of court so may be the next step to take. Thank you for your time explaining.

Not in these cases. 
Many cases like yours, they simply do nothing & you win by default.
Remember this is not a court of law, where someone is on trial. 

The case has already been won - the post was referring to if the court ordered the director to attend to give an account of the business (as part of the enforcement proceedings) and they failed to do so, at which point they can be fined (or arrested) for ignoring the summons.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71#IDAPKYIC