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Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 12th Jan
Practice notes
This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...
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9th Nov
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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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
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...
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9th Nov
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
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
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Produced in partnership with Kate Temple-Mabe of 7BR 12th Jan
Practice notes
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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9th Nov
Practice notes
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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9th Nov
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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9th Nov
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
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9th Nov

Most recent Enforcement content

Q&As
Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...
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24th Feb
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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24th Feb
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
On 6 April 2014, Part 3 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) came into force, along with:•the Taking Control...
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11th Feb
Q&As
Bringing a Part 8 claimOur Practice Note: CPR Part 8 claims (alternative procedure for claims) explains that Part 8 of the Civil Procedure Rules 1998...
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11th Feb
Q&As
The role of an executor is to gather in and administer the assets of the estate and, having satisfied the liabilities of the estate, to distribute in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb
Q&As
Against whom can a judgment be enforced?Where a judgment has been obtained against a natural or legal person, such a judgment can only be enforced...
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11th Feb
Q&As
In the present case, both owners of the land are judgment debtors. There is no Form A restriction registered suggesting that they hold the land as...
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11th Feb
Q&As
Knowing the defendantPractice Note: Successful enforcement—knowing your defendant confirms the importance, at the outset of proceedings, of knowing...
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11th Feb
Q&As
Service of interim charging ordersCPR 73.7 requires a judgment creditor to serve the interim charging order, the application notice and any supporting...
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Produced in partnership with James Tunley of Lamb Chambers 11th 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
Interest generally accrues on judgment debts, and interest runs from the date judgment is given, unless the court or a rule or Practice Direction says...
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11th Feb
Q&As
A charging order over land must be protected by registration at every stage of the process of obtaining the order to secure the priority of the order...
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11th Feb
Q&As
Enforcing orders for saleBy virtue of section 42 of the County Courts Act 1984 a judgment of the County Court may be transferred to the High Court for...
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Produced in partnership with James Tunley of Lamb Chambers 11th Feb

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