For insolvency practitioners who are appointed by the Crown Prosecution Service as Enforcement Receivers under the Proceeds of Crime Act 2002 (POCA), the enforcement of Crown Court Enforcement Receivership Orders can present unique challenges.

We were recently instructed by a licensed insolvency practitioner who had been appointed as an Enforcement Receiver over the assets of a defendant to enforce a Confiscation Order granted by the Leeds Crown Court.  As many insolvency practitioners will be aware, the role of the Enforcement Receiver is to realise the defendant’s property to satisfy the Confiscation Order.  Where appropriate, the EFO will include a power of possession and sale in respect of the defendant’s home or other property.

Whilst enforcement appears straightforward, it is rarely seamless.  A recurring issue is the need to enforce orders made in the Crown Court through the civil enforcement mechanism of the King’s Bench Division of the High Court. This typically arises in cases where possession of property or enforcement by way of a Writ (e.g. Writ of possession) is required. The Crown Court itself does not have the procedural machinery to issue or enforce such writs, meaning that a transfer of the matter to the High Court becomes essential.

The process is somewhat of a grey area that involves obtaining permission to transfer enforcement to the High Court. Where the property is situated in the jurisdiction of the Royal Courts of Justice, the Writ can be issued with a certificate in accordance with Civil Procedure Rule (CPR) 83.13(6). Where the property falls within a District Registry of the High Court, the relevant court will generate a County Court claim number and the process is akin to issuing a Writ of possession in County Court proceedings transferred under section 42 of the County Courts Act 1984.  However, the Courts are not always familiar with the process, which means if you’re new to the enforcement of a Receivership Orders it can lead to delays or the application being rejected altogether.  Once the Writ has been granted, the enforcement agent will serve notice of eviction in accordance with rule 83.8A once the Writ has been sealed and execute upon expiry.

In a recent case, we worked in partnership with Alex Hill of the Enforcement Agency to assist an Enforcement Receiver in overcoming these very hurdles. We successfully secured a transfer of the matter to the Leeds District Registry and obtained an eviction date, enabling the Enforcement Receiver to take possession of the defendant’s property.

These types of appointments, while relatively rare, require a bespoke approach.  Insolvency practitioners acting in this capacity should be mindful of the need for early legal input when preparing to exercise enforcement powers under a POCA.