The Civil Court Users Association (CCUA) works on behalf of all civil court users including claimants, defendants and their representatives. Below, we answer frequently asked questions by members of the public about the field in which we work, providing definitions to clarify what we do and don’t cover:
Civil disputes between people, businesses and organisations are disputes outside of criminal law, with cases including:
In England & Wales, when these disputes can’t be resolved through complaints procedures, negotiation, or mediation, they will go to court, usually the County Court but sometimes the High Court. These cases normally result in an award for ‘damages’ to the successful party, or an order or injunction for the unsuccessful party to change its behaviour. Almost all civil cases should be in open court which the public may attend.
Civil court users can be any organisation or individual acting as or on behalf of a claimant or defendant in a civil court case. Civil court claimants are seeking monetary ‘damages’ from defendants which cannot or has not been resolved outside of court proceedings.
Civil court users include:
Civil courts, which can be either County Courts or High Courts, deal with non-criminal civil matters. County Courts deal with most civil justice cases in England & Wales and High Courts deal with more substantial or complex cases including those involving higher value financial claims. This is why County Courts are sometimes referred to as ‘small claims courts’.
Magistrates’ Courts deal with most criminal cases (the most serious of which then get passed on to the Crown Court for a full trial with a judge and jury) but they also have a civil jurisdiction covering family and related cases, licensing, some debt collection and a variety of orders largely in relation to children.
In England and Wales, a County Court Judgment (CCJ) is a legal decision handed down by the County Court and is used by creditors as part of the debt collection process when other methods have been exhausted. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit reference agencies to assess the credit-worthiness of individuals.
The court process that creditors use in Northern Ireland and Scotland works differently.
County Court bailiffs are employees of Her Majesty’s Courts & Tribunals Service (HMCTS) and are responsible for enforcing orders of the County Court by recovering money owed from unpaid County Court Judgments (CCJs – see above).
These bailiffs have an authority to act under a warrant of control (see definition below) and can seize and sell goods to recover the amount of the debt plus any associated costs.
A High Court Enforcement Officer (HCEO), sometimes known as a High Court Bailiff, has specific authorisation from the Ministry of Justice (MoJ) to enforce higher value judgments known as High Court Writs.
Unlike County Court Bailiffs, HCEOs also work within a private company and are usually paid on results according to what they are able to recover.
HM Courts & Tribunals Service (HMCTS) is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. It is an executive agency sponsored by the UK Government’s Ministry of Justice (MoJ).
A writ that commands, requires or authorises a High Court Enforcement Officer to take control of and sell enough of a debtor’s goods in order to obtain the funds to satisfy a money judgment. In the County Court, the equivalent command to a County Court bailiff is called a warrant of control.
The County Court Money Claim Centre (CCMCC) and County Court Business Centre (CCBC) were replaced by the creation of the Civil National Business Centre (CNBC) in August 2023. The CNBC is an administrative centre operated by HM Courts & Tribunals Service (HMCTS) which handles bulk work within the County Court. It services all of England and Wales for money claims.
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