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05 January 2018 / Clare Arthurs , Richard Marshall
Issue: 7775 / Categories: Features
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A to Z of enforcement of a UK money judgment

Attachment of earnings

Money is paid directly from judgment debtor’s wages/salary into court by the debtor’s employer to satisfy the judgment debt.

Bankruptcy proceedings

You can currently apply to make an individual judgment debtor bankrupt for a judgment debt in excess of £5,000. The limit is £500 for applying to put a company into liquidation. The nuclear options.

Charging order

A charge imposed over land, securities or other valuable assets in which the debtor has a beneficial interest. Swiftly followed by order for sale.

Due & enforceable

Is the judgment debt overdue? Has the judgment been served on the judgment debtor and/or is there an outstanding challenge to the judgment?

European Enforcement Orders...

allow a judgment creditor to freeze some or all of the funds within any bank account held by a debtor located within the EU. Useful for now. Unlikely to have featured highly in Brexit negotiations just yet!

Freezing orders...

may

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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