Enforcement case study—pre and post action protection and recovery
Produced in partnership with Phil Roberts of Clarke Willmott
Enforcement case study—pre and post action protection and recovery

The following Dispute Resolution practice note produced in partnership with Phil Roberts of Clarke Willmott provides comprehensive and up to date legal information covering:

  • Enforcement case study—pre and post action protection and recovery
  • The case study
  • What steps can be taken to ensure payment is received—pre-action steps?
  • Pre-action steps—you need a director's guarantee
  • Pre-action steps—you need to ensure the goods remain yours until they are paid for
  • Pre-action steps—you could obtain security over an asset
  • What steps can be taken to ensure payment is received—post action?
  • Post action—you could obtain a charging order
  • Post action—you could take control of goods
  • Post action—you could issue a third party debt order
  • More...

This Practice Note, produced in conjunction with Phil Roberts of Clarke Wilmott, 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, taking control of goods and third party debt orders with links through to related content on these subjects.

The case study

Please note: all the names in this case study are entirely fictional and any apparent similarity to any real people or businesses or companies is entirely coincidental and unintended.

Pollyanna Pride has been supplying shoes to Mr Cobbler of Shoes It Is for almost three years. The shoes she makes are one-off soft leather designer boots. They usually sell well, even though the retail price is £295 a pair. Pollyanna is particularly proud of the fact that even though her shoes may be copied, there are no others exactly the same because she incorporates a minute orange parrot somewhere on the heel of all her creations.

Mr Cobbler runs a niche shoe shop in Grantchester. His wife helps in the shop and there is a part time sales person there most days. The business consists of unique shoes and shoe repairs. Mr Cobbler has

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