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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Enforcement of Judgments

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ISBN13: 9780853087731
ISBN: 0853087733
Published: March 2002
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback, A4
Price: Out of print

An entirely new regime for the enforcement of judgments comes into force on 25 March 2002. On that day CPR Parts 70-73 replace the old RSC and CCR regimes governing oral examinations, garnishee orders and charging orders. All litigators need to have a working knowledge of these provisions as they come into force.

This book provides a clear, comprehensive and practical overview of the new regime, tackling:-

  • the new general provisions relating to the enforcement of awards;
  • how to obtain information from judgment debtors with a view to selecting the most appropriate enforcement method (replacing the oral examinations);
  • obtaining payment from a third party who owes money to the judgment debtor such as a bank or building society (replacing garnishee orders);
  • and securing a charge on property as security for a judgment debt.;
In particular it will explain: the key differences between the new and old regime; the procedures in the county court and the High Court; the available orders and the situations in which they should be used; requirements for service; effects of the orders; costs; and discharge and varying orders. In addition to the authoritative commentary the new Parts, Practice Directions and Forms are included in full.

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Courts and Procedure
Part I - General Provisions and the Enforcement of Awards (Part 70) Part 2 - Orders to Obtain information from Judgment Debtors (Part 71) Part 3 - Third Party debt Orders (Part 72) Part 4 - Charging Orders