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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
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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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
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Leigh Callaway of Fladgate 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 which courts have...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square 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
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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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 default judgment. For...
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9th Nov
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 12th Jan
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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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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9th Nov
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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9th Nov

Most recent Enforcement content

Q&As
Charging orders and orders for sale—generalObtaining a charging order is only a method of securing the debt and does not, without further action,...
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28th Nov
Q&As
In this Q&A we refer to a final charging order and have limited our research to that effect. We have also assumed that the purpose in making payment...
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28th Nov
Q&As
This Q and A identifies where to find content on interpleader claims in our module now that the interpleader regimes under RSC Ord 17 and CCR Ord 33...
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28th Nov
Q&As
Changes to procedureFrom 6 April 2016, the procedure for seeking an interim and final charging order changed, with amendments made to CPR 73 and CPR...
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28th Nov
Q&As
For the purposes of this Q&A we have limited our research to cover HMRC seeking to enforce a judgment debt by way of the taking control of goods (TCG)...
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28th Nov
Q&As
What is a third party debt order (TPDO)?Third party debt orders (TPDOs) (previously known as garnishee orders) are a means of intercepting a payment...
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28th Nov
Q&As
Practice Note: Costs orders—payment and enforcement sets out how and when costs orders can be enforced, as well as the use of unless orders.As orders...
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28th Nov
Q&As
This answer is limited to covering the recoverable legal costs of a judgment creditor issuing a warrant of control under the Taking Control of Goods...
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28th Nov
Q&As
Limitation issues when enforcing a judgmentSection 24(1) of the Limitation Act 1980, provides that an action shall not be brought upon any judgment...
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28th Nov
Q&As
A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later...
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28th Nov
Q&As
This Q&A assumes the question is referring to obtaining a charging order over the judgment debtor’s place of residence (a narrow boat) with a view to...
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28th Nov
Q&As
With regard to the context of this Q&A, we refer you to Q&A: Where an individual judgment creditor (A), prior to taking action to enforce its judgment...
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28th Sep

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