The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
This Practice Note considers in particular the following rules in relation to County Court judgments:
CPR 40.9A County Court judgments and orders—variation of payment
CPR 40.13A County Court set-off of cross-judgments
CPR 40.14A County Court certificate of judgment
CPR 40.9A provides that where a judgment creditor has obtained a County Court order or judgment for the payment of money, either the judgment creditor or the judgment debtor can apply to court for a variation in the date or rate of payment. The County Court has the power to order the money to be paid in one sum or by instalments under section 71 of the County Courts Act 1984 (CCA 1984).
The Court of Appeal decision of Loson v Stack gave guidance as to the test which ought to be applied when a court is asked to make an order for payment by instalments under CPR 40.9A. It held that the court has to exercise its discretion in such a way that the rights of the judgment creditor are properly respected and so as not to interfere
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