Civil way: 10 December 2021

ENFORCEMENT PANTO

‘Oh yes you can. Oh no you can’t.’ As the pantomime season approaches, it is appropriate that the Taking Control of Goods (Fees) (Amendment) Regulations 2021 (SI 2021/1288) should have come into force yesterday 9 December 2021. Where the judgment creditor is not VAT registered, they will entitle a sum equivalent to the VAT element on the prescribed enforcement costs and disbursements to be recovered by the enforcement agent from the judgment debtor. There has been many an argument in enforcement agent watering holes about whether creditor or the debtor should bear this element. The Ministry of Justice asserted that the subordinate legislation and common law supported their case that it was the debtor who had to pay up but still there were fights and bloodied walls over this. And so we now have clarification on the issue.

FAMILY ENJOYS SUCCESS FEE

Orders, albeit