Don’t lose sight of enforcement in commercial disputes 

A favourable judgment in court could be seen as the finish line. In reality, it is only part of the journey. For many claimants, the assumption is simple: win in court and get paid. But a court win doesn’t guarantee payment, enforcing that judgment can be a complex task in its own right.  

Even with a clear win in court, success can feel empty if the other side can’t or won’t pay up. Getting a judgment is one thing; turning it into actual money in the bank is another. 

Enforcing that judgment can be tricky, time-consuming and expensive. And if those efforts don’t work, you could end up worse off than when you began. That is why it is so important to think about enforcement early on, not just after you have won, so you can protect your position and give yourself the best chance of recovering what you are owed. 

The real danger lies in assuming a company looks solvent because it is trading. Financial health on paper can mask serious issues, outstanding debts, undisclosed liabilities, or looming insolvency. 

Simple checks can reveal a lot before proceedings even begin. Reviewing Companies House filings, looking for late accounts or director resignations, or checking for County Court judgments (CCJs) can quickly flag risk. 

For larger claims, asset tracing or private investigations may provide some insight into whether there is anything to recover at all. 

One of the hardest parts of a commercial litigators job is advising a client not to pursue a claim. But in some cases, it is the decision that makes commercial sense. A positive judgment that looks good on paper won’t pay the bills if the defendant’s assets are already spoken for or non-existent. 

How Harper James approaches enforcement 

At Harper James, our business dispute solicitors will discuss recoverability and enforcement before we issue proceedings, ensuring clients understand both the legal merits and the commercial risks. 

That means fewer nasty surprises, and more predictable outcomes. If the evidence suggests enforcement could be difficult, we will explore alternatives such as settlement, mediation and other forms of ADR. 

Ian Carson, Head of Dispute Resolution comments: 

‘Being successful in commercial litigation is about results, not just judgments. Understanding whether your opponent can pay, and your level of potential costs recovery should be front and centre before you ever step inside a courtroom. 

That is why we build enforcement and recoverability into our advice. Our business disputes solicitors have decades of experience helping businesses make smart, commercially driven decisions, whether that means pursuing a claim, negotiating a settlement or exploring enforcement options early.'