Introduction to enforcement

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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Introduction to enforcement content

Q&As
Where the judgment debtor is in prison can you make a CPR 71 request for further information against them or can the High Court Enforcement Officer...
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Produced in partnership with Phil Roberts of Clarke Willmott 5th Jun
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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5th Jun
Q&As
If an opponent party takes out equity release against their house during proceedings, how would this impact on the other party's ability to enforce...
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5th Jun
Q&As
Can a judgment be enforced against a judgment debtor’s insurance company in circumstances where the judgment debtor has no assets?With regard to the...
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5th Jun
Q&As
Is there a limitation period for the enforcement of a judgment and if so, what is it?Under section 24(1) of the Limitation Act 1980 (LA 1980), an...
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5th Jun
Q&As
What steps can an equitable chargee take to enforce their charge? Question scenarioThis question considers the option open to someone who has signed...
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5th Jun
Q&As
Can you obtain post-judgment disclosure? And, if so, can this extend to disclosure of documents in the possession of the judgment debtor’s...
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5th Jun

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