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Civil way: 8 June 2012

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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