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06 September 2018
Issue: 7807 / Categories: Features , Judicial line , In Court
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Judicial line: 6 September 2018

This week: attachment disobeyed; possession costs; questioning the expert; non-mol undertakings.

Attached & unpaid

Q Where an employer fails to make substantial deductions from a judgment debtor’s pay under an attachment of earnings order, does the judgment creditor have any direct redress against the employer if the prospects of recovery of the missed payments from the judgment debtor are non-existent or poor?

A Our opinion is that there is no direct remedy available against the employer except by way of punishment under s 23(2)(a) of the Attachment of Earnings Act 1971. This creates an offence for failing to comply with the order and the strict position is that there is a separate commission of the offence for each ‘missed’ payment. The employer, often through its payroll officer, is liable to be dealt with by way of committal proceedings and can be fined and ordered to pay any sums deducted from the judgment debtor’s earnings for which the employer has not accounted.

In a fix

Q Fixed costs on entry of judgment seem to apply

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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