Phil Roberts

This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott , provides a case study for consideration of the different means, in both a pre-action and post action context, of protecting a prospective/actual judgment creditor in terms of debt recovery—here a supplier of shoes. It covers the basic concepts of guarantees, retention of title clauses and enforcement processes such as charging orders and third party debt orders with links through to related content on these subjects.

This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a County Court judgment for £4,000.

This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a High Court judgment for £100,000.

This Practice Note answers some of the more common questions that can arise when deciding whether to apply for a Third Party Debt Order (TPDO).

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 money judgment.

This Q&A considers what the correct procedure to adopt in ending a claim or counter-claim prior to trial in a small claims claim is, which will depend on the circumstances and in particular what terms (if any) have been agreed between the parties. This Q&A focuses on ending proceedings through discontinuance and ending proceedings through settlement (through submitting a consent or tomlin order).

This Q&A considers whether a charging order be extended to cover an additional debt which is not the subject of a court judgment.

This Q&A considers whether default judgment can be set aside after full payment has been made.

This Q&A considers the rules governing Third Party Debt Orders can be found at CPR 72.

This Q&A considers the Late Payment of Commercial Debts (Interest) Act 1998 and whether it is possible to claim unfixed costs on small claims.

This Q&A considers whether a claimant has to plead statutory interest for it to be applied to judgment and whether there are any consequences for a claimant if they have not informed the defendant statutory interest would accrue.

This Q&A considers how a party can discontinue a debt claim brought against a company which, since proceedings commenced, has been struck off the Register where the company adopted the Model Articles: Private (Ltd by Shares) and was dissolved by compulsory strike off.

This Q&A discusses how to enforce Tomlin Orders.

This Q&A considers the relevant limitation period that applies when making an application for an interim charging order.

This Q&A considers allocation of claims to fast track for reason of complexity.

This Q&A discusses whether the time limit for the debtor's response includes Bank Holidays under the Pre-Action Protocol for Debt Claims.

This Q&A considers what the limitation period is for a business to business debt claim and whether the limitation period would be paused or stopped on issuance of a notice of default, or whether proceedings must be commenced.

This Q&A considers whether the converted sterling value should be used when pursuing a debt in Euros when calculating the value of a claim for determining High Court or County Court issue thresholds and issue fee and solicitor’s costs for inclusion on the claim form.

This Q&A considers whether a bailiff’s fee can be added to the costs owed for debt recovery on the order of enforcement.

This Q&A considers the circumstance where correct service has been carried out by post but, due to the defendant being away from their address for an extended period of time, they had not been aware of the claim and default judgment has been entered against them. It is then asked whether there is an obligation on the claimant to set aside the judgment or for them to consent to it being set aside upon an application by the defendant.