Overview
Enforcing a money judgment is often a strategic exercise. The choice of method varies, but the guiding principle remains the same: a judgment creditor should enjoy the fruits of the judgment and not be denied unjustly. Garnishee proceedings are one route to enforcement, but they have become increasingly difficult, particularly where public funds are involved.
Section 84 of the Sheriffs and Civil Process Act 2004 requires the consent of the Attorney General before funds in the custody of a public officer can be attached. The provision was designed to prevent embarrassment, but its operation has raised persistent questions. The definition of a "public officer" has produced conflicting decisions across the courts, and the practical scope of the section remains unsettled.
This article reviews the controversies surrounding Section 84. It examines whether a review of the section has become necessary and considers how to chart a way forward without losing sight of the rationale behind the provision.
