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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Enforcement and Debt Recovery 2nd ed isbn 9781784460068

Enforcement and Debt Recovery

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ISBN13: 9781853286537
New Edition ISBN: 9781784460068
Published: February 2008
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

The Tribunals, Courts and Enforcement Act 2007 was given Royal Assent on 19 July 2007. Parts 3-5 of the Act reform bailiff law, which has been anticipated following a sharp increase in the number of personal and commercial insolvencies and record levels of consumer debt. The reforms include:

a single framework for all types of enforcement agent; the abolition of the law of distress for rent; the introduction of commercial rent arrears recovery (CRAR); a unified system for taking control of goods; the right to use force to gain entry; changes to Attachment of Earnings Orders and Charging Order applications; reform of information requests about debtors; rights of debtors to apply for a debt management scheme.

This book provides a practical and authoritative commentary on the reforms introduced by Parts 3-5 of the Act and places these changes in context by presenting a comprehensive review of the law of enforcement. The commentary is supplemented by examples of how the reforms differ from the pre-Act position and the stated aims of previous consultations, and speculates how parts of the Act are likely to be implemented by further regulations.

The text includes tables with data showing the efficacy and popularity of methods of enforcement, and opinions from enforcement agents, insolvency practitioners and commercial property lawyers. Parts 3-5 of the Act and the relevant Schedules are reproduced for convenience in the Appendix.

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Insolvency Law, Courts and Procedure
Part 1 - General types of enforcement:
1. Introduction
2. General rules about judgments and orders
3. Registration of judgments
4. Transfer of proceedings
5. Obtaining information about the debtor
Part 2 - Taking control of goods:
6. Enforcement agents and warrants of control
7. Commercial rent arrears recovery
8. Insolvency of tenant/debtor
9. Enforcement by taking control of goods
10. Procedure for taking control
11. Between seizure and sale
12. Liability and remedies
Part 3 - Enforcement against third parties:
13. Attachment of earnings orders
14. Third party debt orders
Part 4 - Enforcement over property
15. Charging orders
16. Obtaining possession of commercial premises
17. Obtaining possession of residential premises
18. Obtaining possession from trespassers/squatters
Part 5 - Debt management and relief:
19. Introduction to debt management and relief
20. Administration orders
21. Enforcement restriction orders
22. Debt relief orders
23. Debt management schemes