Avoiding a pyrrhic victory

A judgment that cannot be enforced through to payment is really a pyrrhic victory that is, at best, valueless or, at worst, a source of additional loss through the legal fees expended to obtain it. Given current financial conditions, enforcement risk is of increased concern for those who may have to commence legal proceedings. In circumstances where the once mightyLehman Brothers was forced into administration within a very short period of time, it is also clear that those who have already embarked on legal proceedings against an opponent that appeared to be fi nancially solid at the time of commencement of proceedings would be well advised to focus on enforcement issues regularly throughout the litigation process.

The English courts have recently considered a variety of enforcement situations and, in the main, have tried to provide practical support for judgment creditors struggling to enforce the judgments they have obtained. Th is article looks at some of the most recent cases.

Receivers for equitable