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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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