Enforcement of a judgment:
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| Main Author: | |
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| Format: | Book |
| Language: | English |
| Published: |
London
Sweet & Maxwell
2016
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| Edition: | Twelfth edition |
| Subjects: | |
| Online Access: | Inhaltsverzeichnis |
| Physical Description: | lxxiv, 584 Seiten |
| ISBN: | 9780414052703 |
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MARC
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| 044 | |a xxk |c GB | ||
| 049 | |a DE-M382 | ||
| 100 | 1 | |a Allinson, Stephen |0 (DE-588)1082055603 |4 aut | |
| 245 | 1 | 0 | |a Enforcement of a judgment |c Stephen Allinson LL.B (Hons); F.A.B.R.P; M.C.I.C.M., solicitor of the Supreme Court and licensed insolvency practitioner |
| 250 | |a Twelfth edition | ||
| 264 | 1 | |a London |b Sweet & Maxwell |c 2016 | |
| 300 | |a lxxiv, 584 Seiten | ||
| 336 | |b txt |2 rdacontent | ||
| 337 | |b n |2 rdamedia | ||
| 338 | |b nc |2 rdacarrier | ||
| 650 | 4 | |a Judgments |z Great Britain | |
| 651 | 4 | |a Großbritannien | |
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| _version_ | 1804176668783280128 |
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| adam_text | CONTENTS
PREFACE
TABLE OF CASES XXXV
TABLE OF STATUTES LIII
TABLE OF STATUTORY INSTRUMENTS LXI
TABLE OF EUROPEAN LEGISLATION IXXIII
1 THE ENFORCEMENT DEBATE L_0I_L_07
2 ENFORCEABLE JUDGMENTS, ORDERS AND AWARDS
INTRODUCTORY COMMENTS 2-01
TYPES OF ENFORCEABLE JUDGMENTS 2-02
ENFORCEMENT DEFINITIONS 2-03
METHODS OF ENFORCEMENT IN CIVIL COURTS 2-04
METHODS OF ENFORCEMENT IN THE HIGH COURT FOR THE
PAYMENTS OF MONEY 2-05
METHODS OF ENFORCEMENT IN THE COUNTY COURT 2-06
ENFORCEMENT AGAINST ONE OF SEVERAL DEFENDANTS 2-07
ENFORCEMENT BY OR AGAINST NON-PARTIES 2-08
SOLICITOR S IMPLIED AUTHORITY TO COMMENCE ENFORCEMENT
AND RESPONSIBILITY TO ADVISE 2-09
ENFORCEMENT OF JUDGMENTS WHERE STATE IMMUNITY
OR DIPLOMATIC PRIVILEGE ARISE 2-10
ENFORCEMENT OF JUDGMENTS AND ORDERS OF THE
TECHNOLOGY AND CONSTRUCTION COURT 2-13
ENFORCEMENT OF ORDERS MADE IN THE COURT OF APPEAL 2-14
ENFORCEMENT OF ORDERS MADE BY THE SUPREME COURT 2-15
INTERRELATION OF HIGH COURT WITH COUNTY COURT
JUDGMENTS FOR ENFORCEMENT 2-16
ENFORCEMENT OF AWARDS OF BODIES OTHER THAN THE
HIGH COURT AND COUNTY COURT AND COURT
OF APPEAL AND SUPREME COURT 2-17
DIFFERENT TYPES OF AWARD OF OTHER BODIES CAPABLE
OF ENFORCEMENT: ARBITRATION AWARDS 2-18
LEGAL AID 2-19
JUDGMENTS OF THE SUPREME COURT (HOUSE OF LORDS) 2-20
TAX TRIBUNALS 2-21
COMPANIES ACT 2-22
COMMERCIAL COURT 2-23
TRIBUNALS GENERALLY 2-24
CONTENTS
MAGISTRATES COURTS FINES, COSTS OR COMPENSATION 2-25
OTHER CRIMINAL PENALTIES 2-26
COSTS OR COMPENSATION IN CRIMINAL CASES 2-27
MATRIMONIAL AWARDS 2-28
ENFORCEMENT OF EMPLOYMENT TRIBUNAL AWARDS 2-29
ENFORCEMENT OF A COMPROMISE ENFORCEABLE BY
STATUTE 2-30
ENFORCEMENT OF OTHER BODIES AND COMPROMISE
AGREEMENT 2-31
REGISTRATION OF JUDGMENTS 2-32
3 PRELIMINARY STEPS
INTRODUCTORY COMMENTS 3-01
HOW STRATEGIC CAN A JUDGMENT CREDITOR BE ABOUT THE
ENFORCEMENT OF A MONEY JUDGMENT? 3-02
IS LEAVE REQUIRED TO COMMENCE THE ENFORCEMENT OF A
JUDGMENT? 3-03
WHEN SHOULD ANY MONEY BE PAID UNDER A JUDGMENT? 3-04
DOES THE JUDGMENT NEED TO BE SERVED ON THE
JUDGMENT DEBTOR PRIOR TO ENFORCEMENT? 3-05
WHAT HAPPENS IF THE JUDGMENT DEBTOR MAKES AN
APPLICATION TO SET JUDGMENT ASIDE? 3-06
THE EFFECT OF DELAY IN APPLYING TO SET ASIDE THE
JUDGMENT 3-07
CAN ENFORCEMENT ACTION BE TAKEN ON SUNDAY? 3-08
WHAT HAPPENS IF THE JUDGMENT IS SUBJECT TO AN APPEAL? 3-09
WHAT STEPS CAN BE TAKEN TO PREVENT A JUDGMENT
DEBTOR FROM DISSIPATING ASSETS? 3-10
IS THERE A TIME LIMIT ON ENFORCING A JUDGMENT? 3-11
WHAT HAPPENS IF THERE HAS BEEN A CHANGE OR DEATH
TO ONE OF THE PARTIES? 3-14
CAN THE COURT ADD OR SUBSTITUTE A PARTY? 3-15
WHAT IS THE POSITION ON ENFORCEMENT WHERE THE
JUDGMENT DEBT HAS BEEN ASSIGNED? 3-16
IS LEAVE REQUIRED IF GOODS ARE ALREADY IN THE CUSTODY
OF A RECEIVER OR A SEQUESTRATOR? 3-17
WHAT IS THE PRACTICE FOR OBTAINING LEAVE TO ENFORCE
IN THE HIGH COURT OR IN THE COUNTY COURT A
WRIT OF CONTROL OR WRIT OF EXECUTION? 3-18
HOW SHOULD A PARTNER BE SUED TO ENSURE ENFORCEMENT
CAN COMMENCE IMMEDIATELY? 3-19
HOW IS A JUDGMENT ENFORCED AGAINST A MEMBER OF
HM FORCES? 3-21
WHAT IS THE IMPACT OF HUMAN RIGHTS LEGISLATION ON
ENFORCEMENT? 3-24
HOW CAN RISKS BE MINIMISED IN MANAGING OR HANDLING
AN ENFORCEMENT ACTION? 3-26
CONTENTS XI
REALISM 3_27
RISK ASSESSMENT 3-28
AVOID DELAYS 3-29
INTEREST 3_30
CHARGING ORDERS 3-31
REVIEWS AND CHECKLISTS 3-32
4 STAYS OF EXECUTION
INTRODUCTORY COMMENTS 4-01
GENERAL POSITION ON STAYS 4-02
CASES WHERE STAY OF EXECUTION IS AUTOMATIC 4-04
HIGH COURT BUSINESS 4-05
COUNTY COURT BUSINESS 4-07
DOES AN APPEAL ACT AS A STAY OF EXECUTION? 4-08
APPEAL TO THE EUROPEAN COURT OF
HUMAN RIGHTS 4-10
STAYS OF EXECUTION AND INSOLVENCY: BANKRUPTCY
PROCEEDINGS 4-11
WINDING-UP PROCEEDINGS 4-12
5 TRANSFERRING JUDGMENTS FOR ENFORCEMENT
INTRODUCTORY COMMENTS 5-01
DEFINITIONS 5-02
TRANSFERRING JUDGMENTS BETWEEN COUNTY
COURTS-CPR 70.3 5-03
TRANSFERRING JUDGMENTS FROM THE HIGH COURT
TO THE COUNTY COURT*CPR 70PD.3 5-04
TRANSFERRING JUDGMENTS FROM THE COUNTY COURT
TO THE HIGH COURT 5-05
INTEREST PAYABLE ON COUNTY COURT JUDGMENTS WHICH
ARE TRANSFERRED 5-08
TRANSFERRING EMPLOYMENT TRIBUNAL AWARDS FOR
ENFORCEMENT 5-09
TRANSFERRING COUNTY COURT JUDGMENTS OUTSIDE
ENGLAND AND WALES FOR ENFORCEMENT 5-13
6 GENERAL RULES ABOUT THE ENFORCEMENT OF JUDGMENTS
AND ORDERS
INTRODUCTORY COMMENTS 6-01
WHAT DOES CPR PART 70 COVER? 6-02
DEFINITIONS UNDER CPR PT 70*CPR 70.1 6-03
METHODS OF ENFORCING JUDGMENTS OR ORDERS*
CPR 70.2 AND CPR 70PD.1 6-05
IS SIMULTANEOUS ENFORCEMENT PERMISSIBLE? 6-07
WHAT PROVISIONS GOVERN THE TRANSFER FROM THE
HIGH COURT TO THE COUNTRY COURT? CPR 70.3
AND CPR 70PD.2 6-08
XII CONTENTS
WHY TRANSFER FROM THE COUNTY COURT TO THE
HIGH COURT FOR ENFORCEMENT? 6-09
HOW CAN A PARTY TO PROCEEDINGS ENFORCE A JUDGMENT
OR ORDER AGAINST A NON-PARTY?*CPR 70.4 6-10
WHAT IS THE EFFECT OF A SUCCESSFUL APPLICATION TO SET
ASIDE A JUDGMENT OR ORDER?*CPR 70.6 6-11
WHAT DO RULES SAY ABOUT INTEREST ON JUDGMENT
DEBTS?*CPR 70PD.6 6-12
WHAT INTEREST APPLIES TO A JUDGMENT DEBT? 6-13
WHAT HAPPENS IF A JUDGMENT DEBT IS PAID
AFTER THE ISSUE OF ENFORCEMENT
PROCEEDINGS?*CPR 70PD.7 6-14
WHAT ABOUT THE PROVISIONS OF THE OTHER ORDERS? 6-15
7 ORDERS TO OBTAIN INFORMATION*CPR PART 71
INTRODUCTORY COMMENTS 7-01
THE APPROACH TO OBTAINING INFORMATION 7-02
HOW DOES THE APPLICATION BEGIN? 7-04
RESPONSE FROM THE JUDGEMENT DEBTOR 7-06
WHERE DOES THE HEARING HAVE TO TAKE PLACE? 7-07
WHAT HAPPENS IF THE JUDGMENT DEBTOR REFUSES TO
ANSWER QUESTIONS? 7-08
WHAT IF THE JUDGMENT DEBTOR IS BASED OVERSEAS
AND/OR HAS OVERSEAS ASSETS? 7-09
CAN FORMER OFFICERS OF A COMPANY BE EXAMINED? 7-10
CAN THE EXAMINATION PROCESS BE REPEATED? 7-11
DOES THE OTOI ORDER HAVE TO BE ISSUED? 7-12
HOW DOES THE OTOI HAVE TO BE SERVED 7-13
WHAT COSTS ARE ALLOWABLE ON AN OTOI? 7-14
DO TRAVELLING EXPENSES HAVE TO BE PAID TO THE
JUDGMENT DEBTOR? 7-15
THE JUDGMENT CREDITOR S AFFIDAVIT IN SUPPORT OF THE
APPLICATION (CPR R.71.5) 7-16
CONDUCT OF THE HEARING (CPR R.71.6) 7-17
ADJOURNMENT OF THE HEARING 7-20
WHAT HAPPENS IF THE JUDGMENT DEBTOR FAILS TO
COMPLY WITH THE OTOI? (CPR 7.71.8) 7-21
HUMAN RIGHTS ISSUES IN RELATION TO ORDERS TO OBTAIN
INFORMATION 7-23
THE EFFECT OF THE TCEA ON PART 71 7-24
WHAT IS THE DIFFERENCE BETWEEN THE TWO NEW PROCEDURES? 7-25
HOW WILL THE PROCEDURES WORK IN PRACTICE? 7-26
HOW WILL THE INFORMATION BE USED? 7-27
HOW WILL THE PROCEDURE BE COMMENCED? 7-28
HOW MUCH INFORMATION CAN BE DISCLOSED TO THE JUDGMENT
CREDITOR? 7-29
WHAT IS THE NATURE OF AN INFORMATION ORDER? 7-30
CONTENTS XIII
HOW CAN INFORMATION BE USED FROM AN INFORMATION
ORDER? 7-32
WHAT HAPPENS IF DATA IS NOT HANDLED WITH CARE? 7-33
ARE THESE PROVISIONS RETROSPECTIVE? 7-34
HOW DO DEPARTMENTAL INFORMATION REQUESTS DIFFER
FROM INFORMATION ORDERS? 7-35
WHAT WILL BE THE PROCEDURE? 7-36
WHAT DUTY IS IMPOSED ON THE INFORMATION OF DISCLOSURE? 7-37
WHAT OFFENCES CAN BE COMMITTED? 7-38
IS THE DEPARTMENTAL INFORMATION REQUEST RETROSPECTIVE? 7-39
THE FUTURE 7-40
8 THIRD PARTY DEBT PROCEEDINGS*CPR PART 72
INTRODUCTORY COMMENTS 8-01
IS A DEBT DUE TO THE JUDGMENT DEBTOR BY A THIRD PARTY? 8-03
WHAT TYPES OF DEBT CAN BE ATTACHED? 8-05
WHAT TYPES OF DEBT HAVE BEEN HELD TO BE UNATTACHABLE ? 8-06
DOES THE THIRD PARTY HAVE TO BE WITHIN THE
JURISDICTION OF THE COURT 8-07
WHAT IS THE EFFECT OF THE LIMITATION ACT ON THE
TPDO PROCEDURE 8-09
HOW DO THE RULES DEFINE A BANK OR
BUILDING SOCIETY ? 8-11
HOW IS THE APPLICATION FOR A TPDO STARTED? 8-12
WHAT ARE THE NEXT STEPS AFTER THE INTERIM ORDER
HAS BEEN MADE? 8-14
HOW IS THE INTERIM TPDO SERVED? 8-15
HOW IS AN INTERIM TPDO SERVED ON A BANK? 8-17
WHAT ARE THE THIRD PARTY S OBLIGATIONS WHEN SERVED
WITH AN INTERIM TPDO? 8-18
WHAT ARE THE BANK S OBLIGATIONS IF IT DOES NOT HAVE
AN ACCOUNT FOR THE JUDGMENT DEBTOR? 8-21
WHAT HAPPENS IF A THIRD PARTY MAKES AN UNAUTHORISED
PAYMENT? 8-22
WHAT HAPPENS IF THE ACCOUNT OF THE JUDGMENT DEBTOR
IS A JOINT ACCOUNT? 8-23
HOW DOES A HARDSHIP PAYMENT ORDER AFFECT THE
OPERATION OF A TPDO? 8-25
HOW DOES A JUDGMENT DEBTOR MAKE AN APPLICATION
FOR AN HPO? 8-26
WHAT ORDERS CAN THE COURT MAKE AT THE FINAL HEARING
FOR A TPDO? 8-28
WHAT IS THE EFFECT OF A FINAL TPDO? 8-31
CAN MONEY IN COURT BE SUBJECT TO A FINAL TPDO? 8-32
WHO PAYS THE COSTS OF THE TPDO APPLICATION? 8-33
WHAT HAPPENS IF THERE ARE INSUFFICIENT FUNDS IN
THE JUDGMENT DEBTOR S ACCOUNT? 8-34
XIV CONTENTS
WHAT IS THE EFFECT OF THE JUDGMENT DEBTOR S INSOLVENCY
ON A TPDO APPLICATION? 8-35
THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 8-36
OTHER DEVELOPMENTS 8-37
9 CPR PART 73*CHARGING ORDERS
INTRODUCTORY COMMENTS 9-01
WHAT ARE THE DIFFERENT TYPES OF CHARGING ORDER? 9-02
WHAT IS THE EFFECT OF A CHARGING ORDER? 9-04
WHICH COURTS HAVE JURISDICTION? 9-05
WHAT CONSIDERATION NEEDS TO BE GIVEN BY THE COURT
TO OTHER CREDITORS? 9-06
WHAT HAPPENS IF THE JUDGMENT IS IN A FOREIGN CURRENCY? 9-07
WHAT IS THE EFFECT OF THE LIMITATION ACT ON THE
CHARGING ORDER PROCEDURE? 9-08
IS THERE A MINIMUM JUDGMENT DEBT FOR APPLYING FOR
A CHARGING ORDER? 9-09
WHAT IS THE PROCEDURE IN APPLYING FOR A CHARGING ORDER? 9-10
WHICH PARTIES NEED TO BE NOTIFIED ABOUT THE
APPLICATION FOR A CHARGING ORDER? 9-11
WHAT HAPPENS IF THERE IS A DISPUTE AS TO WHO OWNS
THE ASSET TO BE CHARGED? 9-12
WHAT IS THE COURT S DISCRETION IN MAKING A CHARGING
ORDER? 9-13
IN A CHARGING ORDER OVER LAND, WHAT IS THE EFFECT OF
A CHARGING ORDER? 9-15
WHAT HAPPENS WHEN THE PROPERTY TO BE CHARGED IS
JOINTLY OWNED? 9-16
WHAT IS THE POSITION OF THE JUDGMENT DEBTOR S SPOUSE? 9-17
DOES A SPOUSE HAVE TO BE SERVED WITH THE APPLICATION
FOR A CHARGING ORDER? 9-20
WHAT INTEREST IS PAYABLE ON A CHARGING ORDER OVER
LAND? 9-21
HOW IS THE APPLICATION MADE TO THE COURT FOR A
CHARGING ORDER OVER LAND? 9-22
WHAT INFORMATION IS REQUIRED TO COMPLETE FORM N379? 9-23
WHAT IF THE JUDGMENT DEBTOR HAS MORE THAN ONE
PROPERTY, OR THERE ARE OTHER CIRCUMSTANCES
WHEREBY MORE THAN A SINGLE MATTER IS INVOLVED? 9-24
WHAT HAPPENS IF THE JUDGMENT DEBTOR OPPOSES
THE APPLICATION FOR A CHARGING ORDER? 9-25
IS A STATEMENT OF TRUTH REQUIRED ON A CHARGING ORDER
APPLICATION? 9-26
WHAT HAPPENS AT THE INTERIM CHARGING ORDER STAGE? 9-27
WHAT IS THE IMPORTANCE OF REGISTERING THE INTERIM
ORDER? 9-29
HOW IS AN INTERIM CHARGING ORDER SERVED? 9-32
CONTENTS XV
WHAT IS THE COURT S APPROACH TO DEALING WITH OTHER
CREDITORS? 9-34
CAN A CHARGING ORDER BE MADE IF THE JUDGMENT DEBTOR
IS PAYING BY INSTALMENTS AND THERE HAS BEEN NO
DEFAULT IN PAYMENT? 9-35
WHAT HAPPENS IF THE JUDGMENT DEBTOR BECOMES
INSOLVENT? 9-36
CAN INTEREST BE RECOVERED UNDER A CHARGING ORDER? 9-37
WHAT ARE THE POSSIBLE OUTCOMES AT THE FINAL ORDER
HEARING? 9-38
WHAT IS THE EFFECT OF INSOLVENCY AT A FINAL ORDER HEARING? 9-40
DOES THE COURT HAVE DISCRETION TO SET ASIDE THE
DEBTORS PETITION FOR BANKRUPTCY? 9-41
WHAT COSTS ARE ALLOWED AT A FINAL HEARING? 9^13
CAN A CHARGING ORDER BE DISCHARGED OR VARIED BY
THE JUDGMENT DEBTOR? 9-44
HOW IS A FINAL CHARGING ORDER ENFORCED: A CONSIDERATION
OF THE APPLICATION FOR ORDER FOR SALE PROCEDURE 9-45
WHICH COURT IS UTILISED? 9-46
WHAT ARE THE CRITERIA FOR ORDERING A SALE IN THE CASE
OF JOINT OWNERS? 9-49
HOW DOES THE COURT BALANCE THE COMPETING INTERESTS
OF THE FAMILY AND CREDITOR? 9-50
WHAT ARE THE IMPLICATIONS ON HUMAN RIGHTS INVOLVING
ORDERS FOR SALE? 9-51
IS THERE A FINANCIAL LIMIT FOR APPLYING FOR AN ORDER OF SALE? 9-52
WHAT IS THE POSITION IF THE JUDGMENT DEBTOR IS
LEGALLY AIDED? 9-53
WHAT IS THE NATURE OF A CHARGING ORDER OVER SECURITIES? 9-54
WHAT IS THE EFFECT OF AN INTERIM ORDER IN RELATION
TO FUNDS IN COURT? 9-56
WHAT ARE THE POSSIBLE OUTCOMES AT THE FINAL ORDER
HEARING? 9-57
WHAT IS A STOP ORDER IN SECTION II OF CPR PART 73? 9-58
WHAT IS THE PROCEDURE FOR APPLYING FOR A STOP ORDER? 9-59
WHAT IS THE EFFECT OF A STOP ORDER RELATING TO FUNDS
IN COURT? 9-60
WHAT IS THE EFFECT OF A STOP ORDER RELATING TO SECURITIES? 9-61
HOW DOES A STOP NOTICE OPERATE? 9-62
THE FUTURE 9-63
10 ENFORCEMENT OF FOREIGN JUDGMENTS*CPR PART 74
INTRODUCTION 10-01
SCENARIO 1 - IS THE JUDGMENT TO BE ENFORCED AN
INCOMING JUDGMENT INTO ENGLAND AND WALES
FROM ANOTHER PART OF THE UK? CPR PART 74*
SECTION III 10-05
XVI CONTENTS
SCENARIO 2 - IS THE JUDGMENT TO BE ENFORCED AN
INCOMING JUDGMENT INTO ENGLAND AND WALES
FROM ANOTHER PART OF THE EU? CPR PART 74*
SECTION V 10-08
SCENARIO 3 - IS THE JUDGMENT TO BE ENFORCED AN
INCOMING JUDGMENT INTO ENGLAND AND WALES
FROM ANOTHER COUNTRY WITH WHICH ENGLAND
AND WALES HAS A RECIPROCAL TREATY?
CPR PART 74*SECTION I 10-17
BACKGROUND TO THE 1920 ACT 10-18
BACKGROUND TO THE 1933 ACT 10-19
BACKGROUND TO THE 1982 ACT AND THE JUDGMENTS
REGULATION 10-20
EVIDENCE IN SUPPORT OF THE APPLICATION FOR REGISTRATION 10-26
RECIPROCAL TREATY EVIDENCE REQUIRED 10-27
REGISTRATION PROCEDURE 10-28
PARTICULAR REQUIREMENTS IN PREPARING FORMS 10-29
DEALING WITH COST ORDERS 10-31
TECHNICAL DEFECTS IN THE FOREIGN JUDGMENT 10-32
SECURITY FOR COSTS 10-33
SERVICE 10-34
APPLICATION TO SET ASIDE REGISTRATION 10-35
EFFECT OF REGISTRATION 10-37
ENFORCEMENT STEPS POST REGISTRATION 10-38
FRAUD 10-39
SCENARIO 4 - IS THE JUDGMENT TO BE ENFORCED AN
INCOMING JUDGMENT INTO ENGLAND AND WALES
FROM ANOTHER COUNTRY WITH WHICH ENGLAND AND
WALES HAS NO RECIPROCAL TREATY? 10-40
SCENARIO 5 - IS THE JUDGMENT TO BE ENFORCED AN
OUTGOING JUDGMENT FROM ENGLAND AND WALES TO
ANOTHER PART OF THE UK? CPR PART 74*
SECTION III 10-41
SCENARIO 6 - IS THE JUDGMENT TO BE ENFORCED AN
UNCONTESTED OUTGOING JUDGMENT FROM ENGLAND
AND WALES TO ANOTHER COUNTRY WITHIN THE EU?
CPR PART 74*SECTION V 10-42
HOW IS THE APPLICATION STARTED FOR AN EEO? 10-44
HOW IS AN EEO ENFORCED? 10-47
WHAT HAPPENS IF THE JUDGMENT DEBT BECOMES DISPUTED? 10-50
SCENARIO 7 - IS THE JUDGMENT TO BE ENFORCED AN
OUTGOING JUDGMENT FROM ENGLAND AND WALES
TO ANOTHER COUNTRY WITH WHICH ENGLAND AND WALES
HAS A RECIPROCAL TREATY? CPR 74*SECTION II 10-52
WHICH ACTS APPLY TO WHICH COUNTRIES? 10-53
HOW IS THE APPLICATION STARTED? (CPR R.74.13) 10-54
ARE THERE ANY PITFALLS IN USING SCENARIO 7? 10-56
CONTENTS XVII
WHAT IS THE PROCEDURE FOR APPLYING FOR A CERTIFICATE
WHERE JUDGMENT HAS BEEN CENTRED AT A DISTRICT
REGISTRY? 10-58
SCENARIO 8 - IS THE JUDGMENT TO BE ENFORCED AN
OUTGOING JUDGMENT FROM ENGLAND AND WALES
TO ANOTHER COUNTRY WHERE THERE IS NO RECIPROCAL
TREATY IN PLACE? 10-59
TRANSFORMING ENFORCEMENT IN EUROPE*CPR
PART 78: INTRODUCTORY COMMENTS 10-63
MAKING AN APPLICATION 10-65
APPLICATIONS MADE TO A COURT IN ENGLAND AND WALES 10-67
WHAT IS THE PROCEDURE FOR APPLYING FOR A EUROPEAN
ORDER FOR PAYMENT? 10-68
WHAT HAPPENS IF THE JUDGMENT DEBTOR MAKES A
COUNTER-APPLICATION? 10-70
WHAT IS THE PROCEDURE IF THE JUDGMENT DEBTOR
APPLIES FOR A STAY? 10-71
HOW IS DOMICILE DETERMINED UNDER THE REGULATION? 10-72
HOW IS A EUROPEAN PAYMENT ORDER ENFORCED? 10-73
THE EUROPEAN SMALL CLAIMS PROCEDURE 10-74
11 TRAFFIC ENFORCEMENT*CPR PART 75
INTRODUCTORY COMMENTS 11-01
BACKGROUND TO THE RULES 11-03
WHAT HAPPENS WHEN A ROAD TRAFFIC ACT PENALTY IS
INCURRED? 11-07
WHAT ARE THE FORMALITIES FOR SWEARING A STATUTORY
DECLARATION? 11-08
WHAT IS THE PROCEDURE UNDER PART 75 ONCE TIME FOR
PAYMENT AND/OR A VALID STATUTORY DECLARATION OR
WITNESS STATEMENT HAVE NOT BEEN COMPLIED WITH? 11-09
HOW IS A WARRANT OF CONTROL ISSUED? 11-13
CAN THE WARRANT OF CONTROL BE REVOKED? 11-14
WHAT OTHER AVENUES OF ENFORCEMENT CAN BE
PURSUED? 11-15
UNDER WHICH LEGISLATION CAN PART 75 BE USED? 11-16
HOW SHOULD A JUDGEMENT DEBTOR RESPOND TO A
PENALTY CHARGE? 11-17
WHAT HAPPENS IF A HEARING BECOMES NECESSARY? 11-18
IS IT POSSIBLE TO SUSPEND A WARRANT? 11-19
WHAT ARE THE PRACTICAL EFFECTS OF A WARRANT OF CONTROL
UNDER CPR PT 75? 11-20
WHAT FEES ARE PAYABLE IN RELATION TO THIS TYPE OF
ENFORCEMENT? 11-21
12 TAKING CONTROL OF GOODS
INTRODUCTORY COMMENTS 12-01
XVIII CONTENTS
INTRODUCTION*PARAGRAPH 1, SCHEDULE 12 TCEA:
OLD HIGH COURT POSITION 12-04
OLD COUNTY COURT POSITION 12-06
NEW ACT POSITION 12-08
CHANGES TO ENFORCEMENT AGENTS*PARAGRAPH 2,
SCHEDULE 12 TCEA: OLD HIGH COURT POSITION 12-09
OLD COUNTRY COURT POSITION 12-10
NEW ACT POSITION 12-11
INTRODUCING NEW TERMS*PARAGRAPH 3, SCHEDULE 12
TCEA 12-12
NEW ACT POSITION 12-14
BINDING PROPERTY IN THE DEBTOR S GOODS*PARAGRAPH 4,
SCHEDULE 12 TCEA 12-15
OLD COUNTY COURT POSITION 12-18
NEW ACT POSITION 12-19
EFFECT OF PROPERTY BEING BOUND*PARAGRAPH 5,
SCHEDULE 12 TCEA 12-21
NEW ACT POSITION 12-23
TIME WHEN PROPERTY CEASES TO BE BOUND*PARAGRAPH 6,
SCHEDULE 12 TCEA 12-24
NEW ACT POSITION 12-26
NOTICE OF ENFORCEMENT*PARAGRAPH 7, SCHEDULE 12
TCEA 12-27
TIME LIMIT FOR TAKING CONTROL*PARAGRAPH 8,
SCHEDULE 12 TCEA 12-31
NEW ACT POSITION 12-34
GOODS WHICH MAY BE TAKEN*PARAGRAPHS 9-11,
SCHEDULE 12 TCEA 12-35
NEW ACT POSITION 12-40
VALUE OF GOODS WHICH MAY BE TAKEN*PARAGRAPH 12,
SCHEDULE 12 TCEA 12^2
NEW ACT POSITION 12-44
WAYS OF TAKING CONTROL*PARAGRAPH 13, SCHEDULE 12
TCEA 12-45
NEW ACT POSITION 12-48
ENTRY WITHOUT A WARRANT*PARAGRAPH 14, SCHEDULE 12
TCEA 12-50
NEW ACT POSITION 12-52
ENTRY UNDER A WARRANT*PARAGRAPH 15, SCHEDULE 12
TCEA 12-53
RE-ENTRY TO PREMISES*PARAGRAPH 16, SCHEDULE 12
TCEA 12-54
GENERAL POWERS TO USE REASONABLE FORCE*
PARAGRAPHS 17-19, SCHEDULE 12 TCEA 12-57
NEW ACT POSITION 12-59
APPLICATION FOR POWER TO USE REASONABLE FORCE*
PARAGRAPHS 20-22, SCHEDULE 12 TCEA 12-60
CONTENTS XIX
NEW ACT POSITION 12-62
OTHER PROVISIONS ABOUT POWERS OF ENTRY*
PARAGRAPHS 23-30, SCHEDULE 12 TCEA 12-63
NEW ACT POSITION 12-65
GOODS ON A HIGHWAY*PARAGRAPHS 31-33, SCHEDULE 12
TCEA 12-66
NEW ACT POSITION 12-68
INVENTORY*PARAGRAPH 34, SCHEDULE 12 TCEA 12-69
NEW ACT POSITION 12-71
CARE OF GOODS REMOVED*PARAGRAPH 35, SCHEDULE 12
TCEA 12-72
NEW ACT POSITION 12-74
VALUATION*PARAGRAPH 36, SCHEDULE 12 TCEA 12-75
NEW ACT POSITION 12-77
BEST PRICE*PARAGRAPH 37, SCHEDULE 12 TCEA 12-78
NEW ACT POSITION 12-81
SALE*PARAGRAPH 38-42, SCHEDULE 12 TCEA 12-82
NEW ACT POSITION 12-84
PLACE OF SALE*PARAGRAPHS 43 TO 46, SCHEDULE 12 TCEA 12-85
NEW ACT POSITION 12-87
HOLDING AND DISPOSAL OF SECURITIES*PARAGRAPHS 47-49,
SCHEDULE 12 TCEA 12-88
NEW ACT POSITION 12-90
APPLICATION OF PROCEEDS*PARAGRAPH 50, SCHEDULE 12
TCEA 12-91
NEW ACT POSITION 12-93
PASSING OF TITLE*PARAGRAPH 51, SCHEDULE 12 TCEA 12-94
NEW ACT POSITION 12-96
ABANDONMENT OF GOODS OTHER THAN SECURITIES*
PARAGRAPHS 52-54, SCHEDULE 12 TCEA 12-97
NEW ACT POSITION 12-99
ABANDONMENT OF SECURITIES*PARAGRAPHS 55-57,
SCHEDULE 12 TCEA 12-100
NEW ACT POSITION 12-102
PAYMENT OF AMOUNT OUTSTANDING*PARAGRAPHS 58-59,
SCHEDULE 12 TCEA 12-103
NEW ACT POSITION 12-105
THIRD PARTY CLAIMS TO GOODS*PARAGRAPH 60, SCHEDULE
TCEA 12-107
NEW ACT POSITION 12-111
APPLICATION TO AN ASSIGNEE OR TRANSFEREE*
PARAGRAPH 61, SCHEDULE 12 TCEA 12-112
NEW ACT POSITION 12-113
COSTS*PARAGRAPH 62, SCHEDULE 12 TCEA 12-114
NEW ACT POSITION 12-119
LIMITATION OF LIABILITY FOR SALE OR PAYMENT PROCEEDS*
PARAGRAPHS 63-65, SCHEDULE 12 TCEA 12-120
XX CONTENTS
NEW ACT POSITION 12-122
REMEDIES AVAILABLE TO THE CREDITOR*PARAGRAPH 67,
SCHEDULE 12 TCEA 12-124
NEW ACT POSITION 12-126
OFFENCES*PARAGRAPH 68, SCHEDULE 12 TCEA 12-127
NEW ACT POSITION 12-129
RELATIONSHIP WITH INSOLVENCY PROCEDURES*
PARAGRAPH 69, SCHEDULE 12 TCEA 12-130
CORPORATE INSOLVENCY TABLE 12-131
PERSONAL INSOLVENCY TABLE 12-132
NEW ACT POSITION 12-135
OTHER AREAS OUTSIDE THE ACT: CURRENT
HIGH COURT AND COUNTY COURT
ENFORCEMENT THRESHOLDS 12-136
NEW ACT POSITION 12-137
PAPERWORK 12-138
APPLYING FOR PERMISSION TO ISSUE 12-143
VENUE FOR TAKING LEGAL CONTROL OF GOODS 12-145
NEW ACT 12-147
WRONGFUL SEIZURE 12-148
NEW ACT 12-151
CONCLUDING THE ENFORCEMENT 12-152
INSTALMENT ARRANGEMENTS 12-154
NEW ACT 12-156
POWER TO STAY EXECUTION 12-157
NEW ACT 12-162
TWO OR MORE JUDGEMENTS TO ENFORCE 12-163
NEW ACT POSITION 12-165
PERMISSION TO ISSUE: SOME FURTHER POINTS TO NOTE 12-166
NEW ACT POSITION 12-173
WITHDRAWING OR SUSPENDING ENFORCEMENT 12-174
NEW ACT POSITION 12-178
TAKING CONTROL OF GOODS BELONGING TO A FARMER 12-179
TAKING CONTROL OF GOODS THAT ARE JOINTLY OWNED 12-182
NEW ACT 12-185
TAKING CONTROL OF GOODS BELONGING TO A COMPANY 12-186
NEW ACT 12-189
TAKING CONTROL OF A SHIP 12-190
NEW ACT POSITION 12-193
TAKING CONTROL OF THE GOODS OF A PATIENT IN CONTROL
OF THE COURT OF PROTECTION 12-194
NEW ACT POSITION 12-196
TAKING CONTROL OF GOODS CONSISTING OF EQUITABLE
INTERESTS 12-197
NEW ACT POSITION 12-199
DEALING WITH CHANGES TO THE PARTIES 12-200
NEW ACT POSITION 12-202
CONTENTS XXI
LAST WORD*POSITIVE RESULTS FROM TAKING CONTROL OF
GOODS 12-203
ENFORCEMENT OF COMMERCIAL RENT ARREARS:
INTRODUCTION 12-205
WHAT IS THE BASIS OF THE REMEDY? 12-206
WHEN WAS THE COURT S PERMISSION REQUIRED UNDER
THE OLD REMEDY OF DISTRESS? 12-207
WHAT HAS BEEN THE EFFECT OF THE EUROPEAN
CONVENTION ON HUMAN RIGHTS (ECHR) ON
THIS REMEDY? 12-208
WHAT DOES THE NEW ACT PROVIDE? 12-209
WHAT ARE THE CONDITIONS FOR USING THE CRAR
PROCEDURE? 12-210
HOW IS THE TERM LANDLORD DEFINED? 12-211
HOW IS LEASE DEFINED? 12-212
HOW IS A LEASE TO BE EVIDENCED IN WRITING? 12-213
WHAT CONSTITUTES COMMERCIAL PREMISES ? 12-214
HOW IS RENT DEFINED UNDER THE NEW ACT? 12-215
WHAT ARE THE CONDITIONS RELATING TO RENT THAT MUST
BE PRESENT? 12-216
CAN THE TENANT MAKE PERMITTED DEDUCTIONS FROM THE
OUTSTANDING RENT? 12-217
CAN CRAR BE USED AFTER THE LEASE HAS EXPIRED? 12-218
WHAT HAPPENS IF THE LEASE HAS COME TO AN END? 12-219
CAN CRAR BE USED FOR RENT ARREARS UNDER AN OLD
LEASE WHICH HAS COME TO AN END? 12-220
THE REQUIREMENT TO GIVE NOTICE 12-221
GOODS SUBJECT TO CRAR 12-222
WAYS OF TAKING CONTROL 12-223
POST-SEIZURE RIGHTS/DUTIES 12-224
METHODS OF SALE 12-225
SALE PROCEEDS 12-226
SUBTENANTS 12-227
SCHEDULE OF COMMERCIAL RENT ARREARS RECOVERY
(CRAR) FEES 12-228
CONCLUSIONS TO CRAR 12-229
13 ATTACHMENT OF EARNINGS*CPR SCHEDULE 2, CCR ORDER 27
INTRODUCTORY COMMENTS 13-01
HOW DOES AN AEO OPERATE? 13-03
HOW IS THE PAYMENT UNDER AN AEO CALCULATED? 13-04
WHICH EARNINGS CAN AND CANNOT BE ATTACHED? 13-06
HOW ARE PROTECTED EARNINGS CALCULATED? 13-07
HOW ARE DEDUCTIONS AND IRREGULAR PAYMENTS DEALT
WITH BY THE COURT? 13-09
WHERE SHOULD THE APPLICATION FOR AN AEO
BE MADE? 13-10
XXII CONTENTS
WHAT IS THE JURISDICTION OF THE COUNTY COURT TO MAKE
ANAEO? 13-11
WHO MAY APPLY FOR AN ATTACHMENT OF EARNINGS ORDER? 13-12
WHAT CONDITIONS NEED TO BE SATISFIED FOR AN AEO
APPLICATION? 13-13
WHAT IS THE FIRST PROCEDURAL STEP IN MAKING AN
APPLICATION FOR AN AEO? 13-14
WHAT IS THE PROCEDURE FOR MAKING A REQUEST FOR AN
AEO? 13-15
WHAT DO THE COURT STAFF DO ON RECEIPT OF FORM N55? 13-16
WHAT ARE THE JUDGMENT DEBTOR S OPTIONS ON RECEIPT
OFTHEN55? 13-17
WHAT IF FORM N55 IS RETURNED UNDELIVERED? 13-18
WHAT ARE THE JUDGMENT DEBTOR S OPTIONS ON RECEIPT
OFFORMN56? 13-19
WHAT HAPPENS IF THE JUDGEMENT DEBTOR FAILS TO
COMPLETE FORM N56? 13-21
WHAT ARE THE CURRENT PROBLEMS WITH THE AEO
PROCEDURE? 13-22
WHAT IS THE PROCEDURE FOR OBTAINING AN AEO
INVOLVING PAYMENT OF MAINTENANCE? 13-23
WHAT HAPPENS TO A JUDGMENT DEBTOR WHO FAILS TO
COMPLY WITH THE AEO? 13-25
WHAT ARE THE DUTIES OF AN EMPLOYER 13-27
WHAT HAPPENS IF THE EMPLOYER FAILS TO MAKE THE
DEDUCTIONS TO CAPS? 13-29
WHAT HAPPENS IF THE JUDGMENT DEBTOR BECOMES
SELF-EMPLOYED? 13-30
HOW DOES A JUDGMENT CREDITOR APPLY FOR A
CONSOLIDATED AEO ? 13-31
HOW DOES A CONSOLIDATED AEO OPERATE? 13-32
HOW IS A CONSOLIDATED AEO VARIED? 13-33
WHAT HAPPENS IF A JUDGMENT DEBTOR LEAVES
EMPLOYMENT WHEN AN AEO IS IN FORCE? 13-35
WHAT IS THE NEXT STEP AFTER A NEW EMPLOYER IS FOUND? 13-36
HOW IS AN AEO VARIED BY A JUDGMENT CREDITOR? 13-37
HOW IS AN AEO VARIED OR DISCHARGED BY THE COURT? 13-39
HOW IS THE PAY OF ARMED FORCES PERSONNEL TO BE
DEALT WITH UNDER AN AEO? 13*41
WHAT COSTS ARE PERMITTED IN AN AEO? 13-43
HOW DOES THE COURT SYSTEM MANAGE PAYMENTS? 13-44
WHAT IS THE EFFECT OF AN EMPLOYEE MOVING JOB? 13^5
WHAT CONSIDERATION WILL THE COURT GIVE TO AN
ADMINISTRATION ORDER? 13-50
WHAT SANCTIONS, OFFENCES AND PENALTIES ARE IN
PLACE UNDER S.23 OF THE ATTACHMENT OF EARNINGS
ORDER ACT 1971? 13-51
CONTENTS XXIII
WHAT IS ANTICIPATED BY THE TRIBUNALS, COURTS AND
ENFORCEMENT ACT 2007 ( TCEA ) ON THIS METHOD
OF ENFORCEMENT? 13-52
WHAT WILL THE NEW FIXED RATE SCHEME LOOK LIKE? 13-53
HOW WILL FIXED RATES WORK IN PRACTICE? 13-54
ATTACHMENT OF EARNINGS ORDERS: FINDING THE DEBTOR S
CURRENT EMPLOYER 13-56
DIRECT EARNINGS ATTACHMENT PROCEDURE AND DEDUCTION
FROM EARNINGS ORDERS 13-57
DIRECT EARNINGS ATTACHMENT PROCEDURE ( DEA ) 13-58
DEDUCTION FROM EARNINGS ORDER ( DEO ) 13-63
14 INSOLVENCY*THE IMPACT ON ENFORCEMENT
INTRODUCTORY COMMENTS 14-01
COMPANY INSOLVENCY*GENERAL CONSIDERATIONS 14-04
HOW CAN A COMPANY S ASSETS BE PROTECTED AGAINST
DISSIPATION BETWEEN THE PRESENTATION OF THE
PETITION AND WINDING-UP ORDER? 14-05
WHAT IS THE POSITION IF THE JUDGMENT DEBTOR DISPUTES
THAT A DEBT IS OWED? 14-06
WHAT ARE THE AVAILABLE GROUNDS FOR THE PRESENTATION
OF A WINDING-UP PETITION? 14-07
ENFORCING A JUDGMENT OR SERVING A STATUTORY
DEMAND*DOES THE CREDITOR HAVE A CHOICE? 14-08
WHAT IS THE COURT S JURISDICTION RELATING TO WINDING-UP
PROCEEDINGS? 14-13
WHAT IS THE PROCEDURE FOR OBTAINING A WINDING-UP
ORDER? 14-16
WHAT CHECKS SHOULD BE MADE BEFORE THE WINDING-UP
PETITION IS PRESENTED? 14-18
WHAT IF THE JUDGMENT DEBT IN QUESTION IS MORE THAN
SIX YEARS OLD? 14-19
WHAT IS THE PROCEDURE FOR ISSUING THE WINDING-UP
PETITION? 14-20
WHAT EVIDENCE MUST BE FILED IN SUPPORT OF THE
PETITION? 14-21
WHAT IS THE PROCEDURE FOR SERVING THE WINDING-UP
PETITION? 14-22
WHAT ARE THE REQUIREMENTS IN ADVERTISING THE
PETITION? 14-24
DO PETITIONING CREDITORS LIVING OUTSIDE THE JURISDICTION
NEED TO PROVIDE SECURITY FOR COSTS? 14-26
HOW DOES A PETITIONING CREDITOR WITHDRAW A
PETITION? 14-27
WHAT ARE THE REQUIREMENTS RELATING TO A
CERTIFICATE OF COMPLIANCE? 14-28
WHAT IS THE POSITION OF OTHER CREDITORS? 14-29
XXIV CONTENTS
WHAT ARE THE LIKELY OUTCOMES AT THE HEARING OF THE
WINDING-UP PETITION? 14-31
WHAT IS THE POSITION ON COSTS? 14-32
WHAT STEPS ARE TAKEN AFTER THE WINDING-UP ORDER IS
MADE? 14-33
HOW IS THE OFFICIAL RECEIVER APPOINTED? 14-34
WHAT IS THE EFFECT OF A WINDING-UP ORDER ON A
JUDGMENT DEBTOR COMPANY? 14-35
DOES WINDING UP WORK AS A POST-JUDGMENT STRATEGY
AND AN ALTERNATIVE TO ENFORCEMENT? 14-36
BANKRUPTCY*GENERAL CONSIDERATIONS 14-37
WHAT CONDITIONS NEED TO BE SATISFIED BY A JUDGMENT
CREDITOR TO ISSUE A BANKRUPTCY PETITION? 14-38
WHAT ARE THE GROUNDS UPON WHICH A CREDITOR CAN ISSUE
A BANKRUPTCY PETITION? 14-40
HOW IS UNABLE TO PAY DEFINED IN THE INSOLVENCY ACT
FOR THE PURPOSES OF BANKRUPTCY? 14-41
WHICH COURT HAS JURISDICTION? 14-43
WHAT IS THE FORMAT OF A BANKRUPTCY PETITION? 14-45
WHAT ARE THE REQUIRED CONTENTS OF A BANKRUPTCY
PETITION? 14-46
WHAT IS THE PROCEDURE FOR PRESENTING AND FILING A
BANKRUPTCY PETITION? 14-48
HOW ARE THE CONTENTS OF THE BANKRUPTCY PETITION
VERIFIED? 14-49
WHAT DEPOSIT NEEDS TO BE PAID TO THE COURT? 14-50
WHAT NOTICE IS GIVEN TO HM LAND REGISTRY? 14-51
WHAT ARE THE RULES ON SERVING A BANKRUPTCY
PETITION? 14-52
WHAT ARE THE RULES ON SERVING A BANKRUPTCY PETITION? 14-53
CAN THE BANKRUPTCY PETITION BE AMENDED? 14-54
WHAT HAPPENS AT THE HEARING OF THE BANKRUPTCY
PETITION? 14-55
WHAT ARE THE POSSIBLE OUTCOMES OF THE HEARING OF
THE PETITION? 14-56
WHAT DATE DOES THE BANKRUPTCY COMMENCE? 14-57
WHAT IS THE IMPACT OF A BANKRUPTCY ORDER ON THE
ENFORCEMENT OF A JUDGMENT DEBT? 14-58
INSOLVENT PARTNERSHIP ORDERS*GENERAL CONSIDERATIONS 14-61
A REMINDER*WHAT IS A PARTNERSHIP? 14-62
WHAT INSOLVENCY OPTIONS ARE AVAILABLE IN RELATION TO
PARTNERSHIPS? 14-63
HOW CAN A JUDGMENT CREDITOR WIND UP A PARTNERSHIP
THAT HAS AN OUTSTANDING JUDGMENT DEBT? 14-64
WHICH COURTS HAVE JURISDICTION? 14-66
WHAT ARE THE NECESSARY GROUNDS FOR AN IPO PETITION? 14-67
WHAT HAPPENS AT THE HEARING OF THE PETITION? 14-69
CONTENTS XXV
WHAT HAPPENS AFTER THE PARTNERSHIP IS WOUND UP? 14-70
15 DEBT MANAGEMENT IN POST JUDGMENT
INTRODUCTORY COMMENTS 15-01
ADMINISTRATION ORDERS: HOW DOES THE TCEA PROPOSE
TO AMEND THE EXISTING LAW? 15-03
WHAT VALUE OF DEBT CAN BE SUBJECT TO AN ADMINISTRATION
ORDER? 15-05
WHEN CAN AN ADMINISTRATION ORDER BE MADE? 15-06
CAN AN ADMINISTRATION ORDER BE MADE IN PROCEEDINGS? 15-07
WHAT IS THE DECISION-MAKING PROCESS FOR ORDERING
AN AO? 15-09
WHAT HAPPENS IF THE COURT CANNOT FIX A PROPOSED RATE? 15-11
WHAT IS THE TIME LIMIT FOR ANY OBJECTION BY A CREDITOR? 15-12
WHAT HAPPENS AT THE HEARING? 15-13
CAN THE COURT ORDER THE REVIEW OF THE AO? 15-14
HOW IS THE AO SERVED? 15-15
CAN A CREDITOR WHO MISSED THE ORIGINAL HEARING STILL
OBJECT? 15-16
CAN ADDITIONAL CREDITORS ADD THEIR DEBT TO THE AO? 15-17
CAN A CREDITOR PRESENT A BANKRUPTCY PETITION AGAINST
A DEBTOR WHO HAS AN AO? 15-18
WHAT ABOUT THE CONDUCT OF THE AO? 15-19
WHAT HAPPENS IF THE DEBTOR DEFAULTS IN MAKING A
PAYMENT(S)? 15-20
WHAT POWERS DOES THE COURT HAVE IN REVIEWING AN AO? 15-22
WHAT OTHER POINTS ARE APPLICABLE TO AOS? 15-23
REGISTERING AN ADMINISTRATION ORDER 15-24
DEBT RELIEF ORDERS ( DRO ): WHAT IS A DEBT RELIEF
ORDER? 15-26
WHO IS ELIGIBLE FOR A DEBT RELIEF ORDER? 15-27
CAN THE JUDGMENT DEBTOR APPLY FOR BANKRUPTCY AT
THE SAME TIME? 15-29
HOW DOES THE DEBTOR APPLY FOR A DRO? 15-30
WHO WILL DEAL WITH THE DEBTOR S CASE FOR A DRO? 15-31
WHAT ARE THE DUTIES OF A DEBTOR WHEN CONSIDERING
APPLYING FOR A DRO? 15-32
HOW DOES THE DEBT RELIEF ORDER AFFECT A DEBTOR? 15-34
HOW ARE PAYMENTS MADE TO CREDITORS UNDER
A DRO? 15-35
TO WHAT RESTRICTIONS IS THE DEBTOR SUBJECT UNDER
A DRO? 15-36
WHAT HAPPENS IF THE DEBTOR HAS BEEN DISHONEST? 15-37
WHAT IS THE POSITION IN RELATION TO DEBTS INCURRED
AFTER THE GRANTING OF A DRO? 15-38
ENFORCEMENT RESTRICTION ORDERS (EROS) 15-39
WHAT ARE THE KEY POINTS?
XXVI CONTENTS
WHAT IS THE IMPACT OF AN ERO? 15-42
FOR HOW LONG WILL THE ERO LAST? 15-43
HOW DOES THE DEBTOR MAKE REPAYMENTS? 15-44
WHO CAN MAKE THE APPLICATION FOR AN ERO? 15^5
WHAT IS THE DUTY ON THE DEBTOR? 15-46
DEBT MANAGEMENT SCHEMES 15-47
HOW CAN THE GOVERNMENT S OBJECTIVES ON A DMP
BE MET? 15-51
CURRENT DEBT MANAGEMENT PLANS 15-53
THE CURRENT STATE OF PLAY IN THE DEBT MANAGEMENT ARENA 15-58
16 ENFORCEMENT OF ORDERS FOR POSSESSION TO RECOVER LAND
INTRODUCTORY COMMENTS 16-01
DEVISING A CHECKLIST TO ENFORCE A POSSESSION ORDER 16-03
WHAT IS MEANT BY POSSESSION CLAIM 16-04
IS THE POSSESSION ACTION IN RESPECT OF A TENANCY,
LICENCE AND MORTGAGE? 16-05
IN WHICH COURT SHOULD A CLAIM FOR POSSESSION BE
COMMENCED? 16-06
HIGH COURT BUSINESS*WRITS OF POSSESSION 16-09
IS PERMISSION TO ISSUE A WRIT OF POSSESSION REQUIRED? 16-10
DOES NOTICE OF THE PROCEEDINGS FOR PERMISSION NEED
TO BE GIVEN? 16-13
DOES NOTICE OF THE PROCEEDINGS NEED TO BE SERVED? 16-14
CAN A WRIT OF POSSESSION ENFORCE A MONEY JUDGMENT? 16-15
HOW IS A COUNTY COURT ORDER FOR POSSESSION
TRANSFERRED TO THE HIGH COURT FOR ENFORCEMENT? 16-16
HOW IS A HIGH COURT WRIT OF POSSESSION PREPARED
FOLLOWING A HIGH COURT JUDGMENT? 16-17
HOW DOES A WRIT OF RESTITUTION AID A WRIT OF
POSSESSION? 16-18
WHAT COSTS ARE ALLOWED ON THE ISSUE OF A WRIT OF
POSSESSION? 16-20
IS AN ORDER FOR POSSESSION ENFORCEABLE BY WAY OF
COMMITTAL OR SEQUESTRATION? 16-21
WHAT FORM DOES THE WRIT OF POSSESSION NEED
TO BE IN? 16-22
IS A FORM OF RETURN REQUIRED FOR A WRIT OF
POSSESSION? 16-23
HOW IS A WRIT OF POSSESSION ISSUED IN THE QUEEN S
BENCH DIVISION OF THE HIGH COURT? 16-24
CAN A WRIT OF POSSESSION BE STAYED? 16-25
WHAT IS THE POSITION IN RELATION TO A CLAIM FOR
POSSESSION AGAINST A COMPANY? 16-26
WHAT IS THE POSITION IF THERE IS A WRONGFUL OR IRREGULAR
EXECUTION OF A WRIT OF POSSESSION? 16-27
WHAT HAPPENS IF THE DEFENDANT IS IN THE ARMED FORCES? 16-28
CONTENTS XXVII
COUNTY COURT BUSINESS*WARRANTS OF POSSESSION 16-29
IS LEAVE NEEDED TO ISSUE A WARRANT OF POSSESSION? 16-30
WHERE IS THE STARTING POINT FOR COUNTY COURT RULES
ON THE ENFORCEMENT OF ORDERS FOR POSSESSION? 16-31
WHAT IS THE USUAL FORM OF JUDGMENT? 16-33
IS LEAVE REQUIRED IN THE COUNTY COURT? 16-34
WHAT FORM IS USED FOR A COUNTY COURT WARRANT
OF POSSESSION ? 16-35
WHAT HAPPENS IF AN EVICTION IS CARRIED OUT WITHOUT
A WARRANT OF POSSESSION ? 16-36
DOES CPR PT 83 COVER ANY ORDER FOR POSSESSION? 16-37
WHAT NOTICE HAS TO BE GIVEN REGARDING THE ISSUE OF
A WARRANT FOR POSSESSION? 16-38
HOW IS A COUNTY COURT WARRANT FOR POSSESSION
EXECUTED? 16-40
HOW LONG DOES A COUNTY COURT WARRANT OF POSSESSION
LAST? 16-41
WHAT IS THE COUNTY COURT EQUIVALENT OF A WRIT OF
RESTITUTION? 16*42
WHAT POWER OF COMMITTAL DOES THE COUNTY COURT HAVE? 16-43
WHAT IS THE EFFECT OF SETTING ASIDE A WARRANT OF
POSSESSION? 16-44
WHAT ARE THE ISSUES SURROUNDING OPPRESSION AND
HUMAN RIGHTS IN THE EXECUTION OF COUNTY
COURT WARRANTS OF POSSESSION? 16-46
HOW IS A COUNTY COURT ORDER FOR POSSESSION SET
ASIDE? 16-48
HOW IS A WARRANT OF POSSESSION STAYED IN THE
COUNTY COURT? 16-49
WHAT IS THE PROCEDURE FOR POSSESSION OF LAND AGAINST
TRESPASSERS IN THE COUNTY COURT? 16-51
SUMMARY AND CONCLUDING POINTS ON THE ENFORCEMENT
OF ORDERS FOR POSSESSION TO RECOVER LAND 16-53
17 ECCLESIASTICAL EXECUTIONS
INTRODUCTORY COMMENTS 17-01
HISTORY OF THIS TYPE OF ENFORCEMENT 17-02
INITIAL STEPS TO ENFORCE SUCH A JUDGMENT 17-03
THE ISSUE OF A WRIT OF FIERI FACIAS DE BONIS ECCKSIASTICIS
OR A WRIT OF SEQUESTRATI DE BONIS ECCKSIASTICIS
(BOTH CALLED A WRIT OF ECCLESIASTICAL PROPERTY) 17-04
EXECUTION OF THE WRIT BY THE BISHOP 17-06
EFFECT OF CHANGES TO HIGH COURT ENFORCEMENT 17-07
18 ENFORCEMENT IN FAMILY MATTERS
INTRODUCTORY COMMENTS 18-01
THE NATURE OF FAMILY PROCEEDINGS 18-02
XXVIII CONTENTS
THE FORM OF APPLICATION FOR FAMILY ENFORCEMENT
PROCEEDINGS 18-03
LIMITATION ISSUES 18-05
THE AVAILABLE METHODS OF ENFORCEMENT IN FAMILY
PROCEEDINGS 18-07
ATTACHMENT OF EARNINGS ORDERS IN FAMILY PROCEEDINGS 18-08
WRIT OR WARRANT OF CONTROL 18-09
THE POWER TO APPOINT A RECEIVER 18-10
ORDERS TO OBTAIN INFORMATION FROM JUDGMENT
DEBTORS 18-11
THIRD PARTY DEBT ORDERS 18-12
CHANGING ORDERS IN FAMILY PROCEEDINGS 18-13
ORDERS FOR SALE IN FAMILY PROCEEDINGS 18-14
JUDGMENT SUMMONSES IN FAMILY PROCEEDINGS 18-16
PREVIOUS ENFORCEMENT IN THE (FORMER) FAMILY
PROCEEDINGS COURT 18-18
THE OPTION TO REGISTER IN THE FAMILY COURT 18-19
VARIATION PROCEEDINGS 18-20
ENFORCEMENT OF CHILD MAINTENANCE 18-23
WHERE DOES THIS LEAVE ENFORCEMENT IN FAMILY
PROCEEDINGS? 18-25
19 SEQUESTRATION
INTRODUCTORY COMMENTS 19-01
HOW IS THE APPLICATION OF A WRIT OF SEQUESTRATION
MADE? 19-02
WHICH RULES WITHIN THE CPR APPLY? 19-03
WHAT IS THE EFFECT OF SEQUESTRATION? 19-04
WHICH JUDGMENTS ARE ENFORCEABLE BY SEQUESTRATION? 19-05
CAN A WRIT OF SEQUESTRATION BE ISSUED AGAINST A
COMPANY DIRECTOR 19-08
HOW IS SEQUESTRATION USED AS A METHOD OF
ENFORCEMENT IN FAMILY PROCEEDINGS? 19-09
WHO CAN BE APPOINTED AS SEQUESTRATORS? 19-10
WHAT ARE THE DUTIES OF THE SEQUESTRATORS? 19-11
WHAT IS THE EFFECT OF A WRIT OF SEQUESTRATION? 19-12
CAN A PERSON BE PUNISHED FOR PREVENTING THE
SEQUESTRATOR FROM CARRYING OUT THEIR DUTIES 19-13
WHAT TYPE OF PROPERTY IS LIABLE TO BE SEQUESTRATED? 19-14
HOW IS THE APPLICATION MADE FOR PERMISSION TO ISSUE
A WRIT OF SEQUESTRATION? 19-15
HOW IS NOTICE OF THE APPLICATION SERVED? 19-16
WHAT IS THE FORMAT OF THE HEARING OF THE APPLICATION? 19-17
HOW IS THE WRIT OF SEQUESTRATION EXECUTED? 19-18
ARE THE SEQUESTRATORS LIABLE FOR THEIR ACTS? 19-19
WHAT HAPPENS IF A PERSON INTERFERES WITH A
SEQUESTRATOR? 19-20
CONTENTS XXIX
WHAT IS THE EFFECT OF A THIRD PARTY CLAIM TO GOODS
SEIZED BY SEQUESTRATORS? 19-21
IS A RETURN TO A WRIT OF SEQUESTRATION AVAILABLE? 19-22
WHAT IS THE POSITION OF A DISPOSITION OF ASSETS WHERE
A WRIT OF SEQUESTRATION HAS BEEN ISSUED? 19-23
20 COURT S POWER TO APPOINT A RECEIVER*CPR PART 69
INTRODUCTION 20-01
WHEN SHOULD THE APPOINTMENT OF A RECEIVER BE
CONSIDERED? 20-03
TYPES OF PROPERTY WHICH MAY REQUIRE THE APPOINTMENT
OF A RECEIVER 20-04
WHAT IS THE SCOPE OF THE RULE?*CPR PART 69.1 20-06
WHAT ARE THE COURT S POWERS TO APPOINT A
RECEIVER?*CPR PART 69.2 20-07
HOW IS THE APPLICATION MADE TO APPOINT A
RECEIVER?*CPR PART 69.3 20-08
WHAT ARE THE REQUIREMENTS FOR EVIDENCE IN SUPPORT
OF THE APPOINTMENT OF A RECEIVER? 20-09
WHAT IS THE FORM OF ORDER? 20-11
DOES THE ORDER APPOINTING A RECEIVER NEED TO BE
SERVED? 20-12
WHAT ARE THE COURTS POWERS IN RELATION TO
SECURITY?*CPR 69.5 20-13
WHAT ARE THE COURT S POWERS TO MAKE DIRECTIONS?*
CPR 69.6 20-14
HOW IS THE RECEIVER REMUNERATED?*CPR 69.7 20-15
WHAT ACCOUNTS SHOULD THE RECEIVER PREPARE?*
CPR 69.8 20-16
WHAT IS THE SANCTION IN THE EVENT OF NON-COMPLIANCE
BY A RECEIVER?*CPR 69.9 20-17
HOW IS A RECEIVER DISCHARGED?*CPR 69.10 20-18
WHAT IS THE FORM OF ORDER DISCHARGING OR TERMINATING
THE APPOINTMENT OF A RECEIVER?*CPR 69.11 20-19
21 COMMITTAL IN THE CONTEXT OF ENFORCEMENT
INTRODUCTORY COMMENTS 21-01
HIGH COURT BUSINESS: WHERE IS THE STARTING POINT IN
THE CPR? 21-02
ARE IRREGULAR JUDGMENTS OR ORDERS SUBJECT TO THE
RULES ON CONTEMPT? 21-03
HOW CAN A PARTY BE COERCED INTO COMPLYING WITH
THE COURT S ORDER? 21-04
HOW IS A JUDGMENT ENFORCED WHERE A POSITIVE ACT
IS REQUIRED TO BE DONE? 21-05
WHO IS REQUIRED TO COMPLY? 21-06
HOW CAN A COMPANY BE MADE TO COMPLY? 21-07
XXX CONTENTS
HOW IS REFUSES OR NEGLECTS OR DISOBEYS
DEVELOPED IN CASE LAW? 21-09
WHAT IS THE COSTS POSITION IN PURSUING AN ACTION
FOR CONTEMPT? 21-10
HOW CAN A JUDGMENT OR ORDER REQUIRING DELIVERY OF
GOODS BE ENFORCED? 21-11
HOW IS A TIME FIXED FOR COMPLIANCE? 21-12
WHAT CONDITIONS NEED TO BE FULFILLED AS A PREREQUISITE
TO ENFORCEMENT UNDER THE COMMITTAL PROCEDURE? 21-13
WHAT DOCUMENTS NEED TO BE SERVED? (CPR R.81.5 AND
RELATED PROVISIONS) 21-14
WHAT IS THE REQUIRED METHOD OF SERVICE? 21-15
WHAT ARE THE WARNING NOTICE REQUIREMENTS ON THE
ORDER? (CPR R.81.9 AND RELATED PROVISIONS) 21-16
WHAT ARE THE REQUIREMENTS ON TIME FOR THE SERVICE OF
DOCUMENTS? 21-18
WHO MUST BE SERVED? 21-19
CAN SERVICE BE DISPENSED WITH? CPR R.81.10(5) 21-20
WHAT ARE THE HIGH COURT POWERS TO PUNISH ANY
CONTEMPT? 21-21
COUNTY COURT BUSINESS: WHERE IS THE STARTING POINT
IN THE COUNTY COURT 21-23
DOES CPR PT 81 APPLY TO FAMILY PROCEEDINGS? 21-27
HOW CAN CONTEMPT BE COMMITTED IN RELATION TO A
WARRANT OF POSSESSION? 21-28
HOW IS A COMMITTAL ACTION STARTED IN THE COUNTY
COURT? 21-29
WHAT ARE THE RULES ON THE SERVICE OF PROCEEDINGS/
AN APPLICATION? 21-31
WHAT EVIDENCE IS REQUIRED AT THE HEARING? 21-32
WHAT IS THE EFFECT OF A COMMITTAL ORDER?
(CPR R.81.30) 21-35
DOES THE COURT HAVE POWERS TO SUSPEND A COMMITTAL
ORDER? (CPR R.81.29) 21-36
IS THERE ANY TIME LIMIT FOR THE ENFORCEMENT OF A
WARRANT? 21-37
HOW IS THE PARTY DISCHARGED FROM PRISON?
(CPRR.81.31) 21-38
APPENDICES
APPLICATION FOR ORDER THAT DEBTOR ATTEND COURT
FOR QUESTIONING 526
APPLICATION FOR ORDER THAT OFFICER OF DEBTOR COMPANY
ATTEND COURT FOR QUESTIONING 528
APPLICATION FOR THIRD PARTY DEBT ORDER 530
INTERIM THIRD PARTY DEBT ORDER 532
FINAL THIRD PARTY DEBT ORDER 534
APPLICATION FOR CHARGING ORDER ON LAND OR PROPERTY 535
CONTENTS XXXI
APPLICATION FOR CHARGING ORDER ON SECURITIES 537
INTERIM CHARGING ORDER 539
FINAL CHARGING ORDER 540
WRIT OF CONTROL 541
COMBINED WRIT OF POSSESSION AND CONTROL FOR COSTS
OF ACTION 542
REQUEST FOR WARRANT OF CONTROL 545
REQUEST FOR AND RESULT OF SEARCH IN THE ATTACHMENT
OF EARNINGS INDEX 546
REQUEST FOR ATTACHMENT OF EARNINGS ORDER-547
STATUTORY DEMAND UNDER SECTION 268(L)(A)
OF THE INSOLVENCY ACT 1986. DEBT FOR LIQUIDATED
SUM PAYABLE IMMEDIATELY 548
STATUTORY DEMAND UNDER SECTION 268(L)(A) OF THE
INSOLVENCY ACT 1986. DEBT FOR LIQUIDATED SUM
PAYABLE IMMEDIATELY FOLLOWING A JUDGMENT OR
ORDER OF THE COURT 552
FLOW CHART TO APPLY FOR AN ORDER TO OBTAIN
INFORMATION - CPR 71 557
FLOW CHART TO APPLY FOR A THIRD PARTY DEBT ORDER -
CPR 72 558
FLOW CHART TO APPLY FOR A CHARGING ORDER AGAINST
LAND - CPR 73 559
FLOW CHART FOR EXECUTION AGAINST GOODS BY WAY OF
WRIT OF CONTROL OR WARRANT OF CONTROL 560
FLOW CHART FOR APPLICATION FOR AN ATTACHMENT
OF EARNINGS ORDER - CPR ORDER 27 561
FLOW CHART TO PURSUE INSOLVENCY AGAINST A LIMITED
COMPANY 562
FLOW CHART TO PURSUE INSOLVENCY AGAINST AN
INDIVIDUAL 563
INDEX 565
|
| any_adam_object | 1 |
| author | Allinson, Stephen |
| author_GND | (DE-588)1082055603 |
| author_facet | Allinson, Stephen |
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| author_sort | Allinson, Stephen |
| author_variant | s a sa |
| building | Verbundindex |
| bvnumber | BV043816425 |
| ctrlnum | (DE-599)BVBBV043816425 |
| edition | Twelfth edition |
| format | Book |
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| geographic | Großbritannien |
| geographic_facet | Großbritannien |
| id | DE-604.BV043816425 |
| illustrated | Not Illustrated |
| indexdate | 2024-07-10T07:35:51Z |
| institution | BVB |
| isbn | 9780414052703 |
| language | English |
| lccn | 015514860 |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-029227543 |
| open_access_boolean | |
| owner | DE-M382 |
| owner_facet | DE-M382 |
| physical | lxxiv, 584 Seiten |
| publishDate | 2016 |
| publishDateSearch | 2016 |
| publishDateSort | 2016 |
| publisher | Sweet & Maxwell |
| record_format | marc |
| spelling | Allinson, Stephen (DE-588)1082055603 aut Enforcement of a judgment Stephen Allinson LL.B (Hons); F.A.B.R.P; M.C.I.C.M., solicitor of the Supreme Court and licensed insolvency practitioner Twelfth edition London Sweet & Maxwell 2016 lxxiv, 584 Seiten txt rdacontent n rdamedia nc rdacarrier Judgments Great Britain Großbritannien SWB Datenaustausch application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=029227543&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis |
| spellingShingle | Allinson, Stephen Enforcement of a judgment Judgments Great Britain |
| title | Enforcement of a judgment |
| title_auth | Enforcement of a judgment |
| title_exact_search | Enforcement of a judgment |
| title_full | Enforcement of a judgment Stephen Allinson LL.B (Hons); F.A.B.R.P; M.C.I.C.M., solicitor of the Supreme Court and licensed insolvency practitioner |
| title_fullStr | Enforcement of a judgment Stephen Allinson LL.B (Hons); F.A.B.R.P; M.C.I.C.M., solicitor of the Supreme Court and licensed insolvency practitioner |
| title_full_unstemmed | Enforcement of a judgment Stephen Allinson LL.B (Hons); F.A.B.R.P; M.C.I.C.M., solicitor of the Supreme Court and licensed insolvency practitioner |
| title_short | Enforcement of a judgment |
| title_sort | enforcement of a judgment |
| topic | Judgments Great Britain |
| topic_facet | Judgments Great Britain Großbritannien |
| url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=029227543&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA |
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