Financial enforcement

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Latest Local Government News

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

The following Local Government news provides comprehensive and up to date legal information on Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

With US on board, COVID IP waiver still faces long road

The following Commercial news provides comprehensive and up to date legal information on With US on board, COVID IP waiver still faces long road

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Featured Local Government content

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

9th Nov

In-house

Practice notes

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

9th Nov

In-house

Practice notes

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

9th Nov

Most recent Financial enforcement content

Practice notes

Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases)

Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases)This Practice Note sets out the procedure in relation to obtaining...

12th May

Practice notes

Information hearing—procedure and orders

Information hearing—procedure and ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...

12th May

Practice notes

Which enforcement of judgment method should I choose?

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

10th May

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

Produced in partnership with Victoria Jones 10th May

Practice notes

Coronavirus (COVID-19)—implications for property

This Practice Note introduces the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the...

7th May

COVID-19

In-house

Practice notes

County Court money claims—early stages progress up to allocation

This Practice Note should be read in conjunction with Practice Note: County Court money claims—how and where to issue.Note: for information on the...

6th May

Practice notes

County Court money claims—how and where to issue

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

6th May

Practice notes

Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

29th Apr

Practice notes

How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected

Once the bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to...

20th Apr

Practice notes

Obtaining an order for sale to enforce a charging order—potential difficulties

This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order...

Produced in partnership with Frances Coulson of Moon Beever 16th Apr

Practice notes

What is a third party debt order (TPDO)?

This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt,...

15th Apr

Practice notes

Local authority revenue recovery—policy and principles

Coronavirus (COVID-19): Note that pursuant to the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus)...

Produced in partnership with Pritti Amin of Moon Beever 14th Apr

Q&As

If a council does not serve a reminder notice or final notice in relation to council tax but issues a summons to an individual in arrears, is this valid?

This Q&A relates to the procedure of commencing action to recover council tax in England.Pursuant to the Council Tax (Administration and Enforcement)...

14th Apr

Practice notes

How long does the individual voluntary arrangement last and what happens if it fails?

Duration of an individual voluntary arrangementAn individual voluntary arrangement (IVA) is an agreement entered into between an individual and their...

Produced in partnership with Paul Allen of FRP 9th Apr

Practice notes

CVAs—landlord issues and remedies

What is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the...

9th Apr

Practice notes

Debt management and relief for individual debtors

IntroductionPart 5 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) introduced new regimes for debt management and relief, although not...

9th Apr

Practice notes

Income payments agreements (IPAs) under section 310A of the Insolvency Act 1986

An income payments agreement (IPA) is an alternative to an income payments order (IPO), used in circumstances where the bankrupt voluntarily agrees to...

Produced in partnership with William Willson of South Square and Robert Smailes of Leonard Curtis Business Solutions Group 9th Apr

Practice notes

Individual voluntary arrangements (IVAs)

Nature of an individual voluntary arrangementAn individual voluntary arrangement (IVA) is an agreement entered into between an individual and their...

Produced in partnership with Ali Tabari and Raghav Trivedi of St Philips Chambers 9th Apr

Practice notes

Role, powers, functions and duties of nominee or supervisor of a scheme of arrangement

Administration of the schemeThe scheme document will need to specify how the scheme of arrangement (scheme) will be administered and by whom. In...

Produced in partnership with Chris Mallon of Skadden 9th Apr

Practice notes

Liability for business rates in insolvency

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, see our Coronavirus (COVID-19) toolkit....

9th Apr