When Power Goes Wrong · Liability & Remedy Ledger · Part 13

What happens after you win against the Crown?

A money judgment against the Crown is not enforced by ordinary seizure or attachment. Crown Proceedings Act s 24 replaces ordinary execution with a certificate and statutory satisfaction process.

Winning the judgment and enforcing the judgment are separate stages. Against an ordinary debtor, enforcement may involve seizure, attachment or charging orders. The Crown Proceedings Act creates a different regime.

Section 24 says no execution, attachment or equivalent process may ordinarily issue to enforce a civil order against the Crown, Attorney-General, department or Crown officer under the Act.

Instead, the successful party can request a court certificate recording the order. On receipt, the statutory machinery permits the Crown to pay the amount, costs and lawful interest and give effect to the order.

You do not send a bailiff to seize Crown property.The Crown is liable to satisfy lawful orders through the statutory certificate/payment process, not ordinary execution against assets.

JudgmentCourt determines liability/remedy.

Ordinary executionGenerally prohibited against Crown under s 24(1).

Next stepRequest statutory certificate from the court.

SatisfactionPayment/performance proceeds through s 24 rather than seizure.

Remedy design must therefore include the enforcement regime: a judgment is not the same legal instrument as a warrant to seize property from the Crown.

Primary statuteCrown Proceedings Act 1950, s 24.

← Series index · Previous · Next →