Attachment of earnings order definition

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Pre-6 April 2016—attachment of earnings to enforce a judgment debt under CCR Ord 27 [Archived]

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It considers the attachment of earnings regime under CCR Ord 27 prior to 6 April 2016 and the introduction of CPR 89. For all attachment of earnings applications made on or after 6 April 2016, apply under CPR 89. See Practice Note: Attachment of earnings orders—what are they and when to use them and related content.A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings order (AE Order) which, in effect, directs the judgment debtor's employer to pay a certain portion of the judgment debtor's salary or wages to a collecting officer for payment on to the judgment creditor. Attachment of earnings orders are governed by CCR Ord 27 and the Attachment of Earnings Act 1971. They are not hugely popular as an effective means of judgment enforcement, however, the threat of seeking an AE Order can sometimes be sufficient to prompt an unwilling judgment debtor to pay up rather than have their employer aware of judgment debts against them.How does an attachment of earnings order work?If a judgment debtor is an individual and employed, the judgment creditor can apply for an order to enforce his judgment against the debtor's wages or salary. This is

Enforcement of orders made under TOLATA 1996

Enforcement of orders made under TOLATA 1996 Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affect normal practice, including requirements for the majority of hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see the Coronavirus (COVID-19) toolkit for access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). During this period of disruption to the justice system, practitioners should be aware that local practice may vary. Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s interest in a property subject to a trust of land and/or for an order for sale of the property. Any trustee or beneficiary of the property is entitled to bring such a claim. See Practice Note: Eligibility to apply under TOLATA 1996. Order for sale TOLATA 1996, s 14 confers a discretion upon the court to make an order relating to

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Income payments agreement under section 310A of the Insolvency Act 1986

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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What costs can an applicant recover on an application for an attachment of earnings order?

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

A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from home. However, his employer is based only in Australia. Can the party still apply for an attachment of earnings order and is the employer based in Australia obliged to comply with the UK court order?

A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from home. However, his employer is based only in Australia. Can the party still apply for an attachment of earnings order and is the employer based in Australia obliged to comply with the UK court order? We have assumed that this Q&A is referring to a judgment creditor considering making an attachment of earnings application against the judgment creditor in a civil or commercial matter. Attachment of earnings orders An attachment of earnings order allows a judgment creditor to enforce a judgment by having sums deducted automatically from the debtor’s earnings (including pension payments and statutory sick pay). The employer is ordered to make payments out of the wages into court and the court then releases them to the judgment creditor. Therefore, this requires the co-operation of the debtor’s employer. See Practice Note: Attachment of earnings orders—what are they and when to use them. The County Court has exclusive jurisdiction over attachment of earnings orders in civil cases and since 6 April 2016 all applications have to be made to the County Court Money Claims Centre. The relevant provisions are contained within CPR 89, but the underlying law is derived from the Attachment of

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Local Government weekly highlights—17 February 2022

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.

Family monthly highlights—August 2020

This month’s edition of Family highlights includes details of revised court fees, guidance on the financial consent order digital service and consideration of the new Practice Direction on committal for contempt of court. Variation of a lump sum by instalments is considered, together with concurrent welfare and enforcement proceedings under Brussels II bis. In addition to links to analysis of other key decisions, new and recently updated content is also detailed, including three new Practice Notes on Brexit.