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07 June 2012
Issue: 7517 / Categories: Features , Civil way , Procedure & practice
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Civil way: 8 June 2012

They have just become more readily available. The High Court and county courts are now empowered to make a charging order without any default under an instalment judgment...

CHARGING ON

They have just become more readily available. The High Court and county courts are now empowered to make a charging order without any default under an instalment judgment. That’s thanks to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), s 93 (amending the Charging Orders Act 1979) having been brought into force on 17 May 2012 by commencement order SI 2012/1312. This important change will not apply where the judgment or order was made or applied for before the operative date.

So ends the device of the judgment creditor unashamedly applying to vary an instalment judgment to a forthwith judgment, so as to procure a default and with it the platform to go for a charging order (even if it ended up with a final charging order but a direction effectively debarring an application for an order for sale, so long

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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