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1KBW on Enforcement in Financial Remedy Proceedings

ISBN13: 9781526522542
Published: January 2023
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £80.00

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Almost every contested financial case raises issues of enforcement. Even if these do not materialise it is essential for practitioners to be alive to them when they are negotiating settlements or pursuing an application for financial orders. There is little point securing a large settlement for your client if it is incapable of enforcement.

Although enforcement is a fundamental aspect of financial remedy proceedings, it is a topic which many practitioners find difficult. 1KBW on Enforcement in Financial Remedy Proceedings provides guidance in and understanding of this complex area of law.

Differing from other sources currently available, this title is dedicated specifically to issues of enforcement, which are addressed more comprehensively (both in terms of substantive and procedural law) than the other sources are able to deal with them. It also covers international cases where especially difficult issues are often thrown up, so the authors offer some practical guidance on how such issues might be addressed.

Key legislation covered:

  • Matrimonial Causes Act 1973
  • Family Procedure Rules 2010
  • Civil Procedure Rules 1998
  • Attachment of Earnings Act 1971
  • Charging Orders Act 1979
  • Contempt of Court Act 1981
  • Debtors Act 1872
  • Senior courts Act 1981
  • County Courts Act 1984
  • Maintenance Orders (Reciprocal Enforcement) Act 1972
  • Maintenance Enforcement Act 1991

Family Law
1. Introduction
2. General enforcement and related remedies
3. Committal
4. Judgment Summons
5. Sequestration
6. Securing the attendance of a person at court
7. Breach of Interim orders
8. Mandatory orders
9. Freezing Orders and Notification Injunctions
10. Anton Piller Orders
11. Enforcement of overseas maintenance orders
12. Enforcement against Third Parties
13. Orders against trusts
14. Practical issues arising in international enforcement (including letters of request)