The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A writ of control is, pursuant to section 62(4) of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007), the new terminology for the old writ of fieri facias. A writ of control is an enforcement measure which requires a High Court Enforcement Officer to take control of and thereafter sell by auction goods belonging to the debtor in order to obtain satisfaction of the judgment debt. Warrants of control are available for enforcement through the County Court.
Part 70 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 makes general provision for the enforcement of judgments and orders. Additionally, CPR Part 83 deals, amongst other things, with requests by a judgment creditor for the transfer of proceedings to the High Court for the purposes of enforcement. CPR 83.19 provides that where a
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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