An order made by a Court that allows a creditor to secure the payment of a debt by payments from the debtor's earnings, normally through the debtor's employer.
Note: this Practice Note sets out where and how to apply for an earnings-order'>attachment of earnings order (AE Order) under CPR 89 in force with effect from 6 April 2016. It applies to all applications for AE orders made on/after 6 April 2016. CPR 89 replaces the (now obsolete) CCR Ord 27.The intention is that applications for AE Orders should be relatively straightforward matters that can sensibly (and cost-effectively) be dealt with by court officers in the County Court Money Claims Centre (CCMCC) and that judicial involvement is only required where either the court officer feels they have insufficient information to make an AE Order or, where the court officer has made an AE Order, the judgment creditor or judgment debtor apply for it to be reconsidered. At this point in time, there will be judicial involvement by way of consideration by a District Judge. If the District Judge determines that a hearing is required then the application for an AE Order will be transferred to the judgment debtor's home court (see Practice Note: Attachment of earnings orders—what are they and when to use them—Which is the judgment debtor's home court for the attachment of earnings regime?).The initial process and the divergence between CCMCC court officer and District Judge involvement are detailed below.Attachment of earnings order—where to applyYou
This Practice Note considers attachment of earnings orders under CPR 89 and what happens where the judgment debtor fails to engage in the process by failing to provide required information or attend hearings. It also highlights offences under the Attachment of Earnings Act 1971, which extends to offences that may be committed by the judgment creditor, their employer or a person who becomes their employer.At the heart of the AE Order regime is the judgment debtor's co-operation in providing complete and accurate information to the court (and the judgment creditor) as to their financial means in order that the court can determine what portion of their earnings the employer should be directed to pay to a collecting officer for payment on to the judgment creditor. CPR 89 and the Attachment of Earnings Act 1971 (AtEA 1971) make provision in the event that a judgment debtor fails to co-operate with the process. This Practice Note considers what happens where the judgment debtor either refuses to co-operate at all or provides incorrect information. As can be seen from the below, failure to comply can quickly escalate to the threat of imprisonment.CPR 89 and AtEA 1971 also require the co-operation of the judgment debtor's employer (which includes any person 'appearing to be the debtor's employer') to provide such information (see Practice
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Income payments agreement under section 310A of the Insolvency Act 1986 style="caps">This Income Payments Agreement is made between: 1 [FULL NAME] of [ADDRESS] (the Bankrupt) 2 [FULL NAME] of [FIRM AND FIRM’S ADDRESS] acting as [joint] trustee of the Bankrupt’s estate, including any successor[s] in office, without personal liability (the Trustee) Background (A) On [DATE], a bankruptcy order was made against the Bankrupt in the [COURT] under case number [CASE NO], and on [DATE] the Trustee was appointed to act as trustee of the Bankrupt’s estate. (B) The Bankrupt has provided to the Trustee a statement of their monthly income and expenditure and, having had regard to the reasonable domestic needs of the Bankrupt and [his OR her OR family, the Trustee considers that the Bankrupt has surplus monthly income that can be claimed for the benefit of the Bankrupt’s estate. (C) The Bankrupt has voluntarily agreed to pay [a proportion of] that surplus income to the Trustee under this Agreement made pursuant to section 310A of the Insolvency Act 1986 by way of contribution to the Bankrupt’s estate and acknowledges that such surplus income is not required to meet the reasonably domestic needs of the Bankrupt and his OR her] family. (D) References in this income payments agreement to ‘Agreement’ shall mean this income payments agreement. (E) [Where the Trustee acts as joint trustee of the Bankrupt’s estate, any action or
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How do I enforce a High Court Costs Order? Enforcement generally Part 70 to the Civil Procedure Rules (CPR) sets out the general rules about enforcement of judgments and orders and should be read in conjunction with Practice Direction 70. Enforcing money judgments A costs order (made in any court context, whether interim, first instance or on appeal) is a money judgment that may be enforced in any of the usual ways of enforcing money judgments, subject to any stay of enforcement, which may be prescribed in the order itself. Under the CPR, there is provision for enforcing a High Court Judgment in the County Court and the rules in relation to this area are specifically set out in CPR 70.3. We would also refer you to our Practice Note: Which enforcement of judgment method should I choose?—High Court/County Court—practical considerations, which sets out the relevant points to consider when deciding on what forum within which to enforce a judgment. Enforcement methods The method of enforcement chosen will inevitably dictate the precedent required. The relevant precedents for each method of enforcement are set out in the information and links to Practice Notes below. Taking control of goods—involves instructing a certified enforcement agent to enter the judgment debtor's premises and 'take control' of goods in order to sell them and apply the proceeds of
What costs can an applicant recover on an application for an attachment of earnings order? The court can award the judgment creditor costs in its application for an attachment of earnings order (AE order), see CPR 89.10. Where costs are allowed, this would include: • charge of a legal representative for attending the hearing (which includes, for these purposes, where a legal representative has prepared a witness statement or request under CPR 89.7(13) on behalf of the creditor) • the
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This week's edition of Local Government weekly highlights includes analysis of the UK Subsidy Control Regime, commentary on judicial review under the National Security and Investments Act 2021, Subsidy Control Bill and Online Safety Bill, an examination of the consultations underway on school exclusions and analysis of social housing in the context of the Levelling Up policy. Case analysis includes: Counsel General for Wales v SSBEIS, wherein the Court of Appeal clarified a devolution issue arising from the UK Internal Market Act 2020; Evans v Joseph Joseph Ltd, where the High Court considered contractual terms with regards to design rights; Paley v London Borough of Waltham Forest, which considers affordability in the context of homelessness applications; ZLL v MHCLG which concerns a judicial review of the unpolished policy to end the ‘Everyone In’ scheme adopted in response to the coronavirus (COVID-19) pandemic. This week’s highlights also includes further updates on governance, public procurement, judicial review, education, children’s social care, social care, healthcare, social housing, planning, local authority prosecution, licensing, local authority finances and environmental law and climate change are also included as well as the usual legislation, updated guidance and news on coronavirus.
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