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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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