Money owed to the debtor

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Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering cross border EU...
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9th Nov
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Practice notes
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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9th Nov
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov

Most recent Money owed to the debtor content

Practice notes
This Practice Note is designed to assist in spotting opportunities for when a Third Party Debt Order (TPDO) can be used as a means of enforcing a...
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Produced in partnership with Phil Roberts of Clarke Willmott 8th Apr
Practice notes
How do banks and building societies become involved in third party debt orders (TPDO)?A judgment creditor may seek to obtain a third party debt order...
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8th Apr
Practice notes
This Practice Note answers some of the more common questions that can arise when deciding whether to issue a Third Party Debt Order (TPDO). For...
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Produced in partnership with Jane Dunlop of Clarke Willmott LLP 8th Apr
Practice notes
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...
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8th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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25th Mar
Q&As
A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings (AE) Order which, in effect, directs the...
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25th Mar
Q&As
Note: this Q&A assumes that the debtor is a member of a personal pension scheme under which they have the right to elect to take up to 25% of their...
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22nd Feb
Q&As
What are third party debt orders (TPDO)?A third party debt order (TPDO) is a method of enforcement by which a judgment creditor may enforce a debt...
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11th Feb
Q&As
Recovery of part of the debtA third party debt order can be used to satisfy part of a judgment debt. The judgment creditor can then consider other...
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Produced in partnership with James Tunley of Lamb Chambers 11th Feb
Q&As
Civil Procedure RulesThird party debt orders are governed by CPR 72.CPR 72.1(1) states that:‘This Part contains rules which provide for a judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 11th Feb
Q&As
A third party debt order (previously a garnishee order) is a remedy available to a judgment creditor to enforce judgment against a judgment debtor....
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb
Q&As
Is the third party (the bank) liable to repay any money already paid to the judgment creditor, considering CPR 72.9(3) and Lord Justice May's comments...
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11th Feb
Q&As
In answering this Q&A, we have considered the following:•the standard wording of the order•where the third party is not a bank•the costs provisions...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 11th Feb
Q&As
A third party debt order (TPDO) is one of a suite of enforcement measures that a party can deploy when seeking to obtain monies from a judgment...
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Produced in partnership with Ryan Turner of Lamb Chambers 8th Jan
Q&As
A third party debt order (TPDO) is a method of enforcement by which a judgment creditor may enforce a debt against money owed to the judgment debtor...
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28th Nov

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