Enforcement

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Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
Practice notes
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov

Most recent Enforcement content

Practice notes
I have obtained High Court judgment for £100,000—what are my options?This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott...
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Produced in partnership with Phil Roberts of Clarke Willmott 15th May
Practice notes
I have obtained County Court judgment for £4,000—what are my options?This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott...
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Produced in partnership with Phil Roberts of Clarke Willmott 15th May
Practice notes
What fees are payable when enforcing a judgment or order?This Practice Note sets out the fees payable on undertaking different steps to enforce a High...
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15th May
Practice notes
Writs of sequestration to enforce a judgment or orderIntroductionThis Practice Note considers the rules relating to writs of sequestration to enforce...
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15th May
Practice notes
Successful enforcement—knowing your defendantThis Practice Note highlights the need to correctly identify and know your defendant prior to issuing...
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15th May
Practice notes
Writs and warrants to enforce judgment—general provisionsThis Practice Note considers CPR 83 and CPR PD 83 which govern procedure in relation to the...
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15th May
Practice notes
Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...
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15th May
Practice notes
Enforcing a judgment or order for delivery upThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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15th May
Practice notes
Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...
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15th May
Practice notes
Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)This Practice Note provides an overview of the key changes in domestic...
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15th May
Practice notes
Stakeholder applications under CPR 86This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
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15th May
Practice notes
Enforcement case study—pre and post action protection and recoveryThis Practice Note, produced in conjunction with Phil Roberts of Clarke Wilmott,...
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Produced in partnership with Phil Roberts of Clarke Willmott 15th May
Practice notes
Disobedience to a mandatory order, injunction or specific performance orderNot all judgments and orders are for payment of money by one party to...
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15th May
Practice notes
County Court judgments and orders—additional mattersThis Practice Note provides guidance on the interpretation and application of the relevant...
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15th May
Practice notes
Fixed costs—enforcement costsFor further information on the different methods of enforcement available, see Practice Note: Which enforcement of...
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15th May
Q&As
Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?The requirements for a freezing...
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12th May
Q&As
Generally, once a judgment has been obtained, the judgment creditor can take enforcement action in relation to the judgment debt, ie the debt due and...
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26th Mar
Q&As
Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...
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24th Feb

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