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A practical alphabet

05 January 2018 / Clare Arthurs , Richard Marshall
Issue: 7775 / Categories: Features
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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