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Commercial Enforcement

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Commercial Enforcement

Commercial Enforcement, 2nd edition

Written by: Kit Jarvis and Andrew Lafferty

Commercial Enforcement, 2nd edition is a step-by-step guide to applying successfully for all methods of enforcement for High Court money judgments. The leading book on this subject, it has been quoted as authoritative in some very recent commercial enforcement cases

It provides legal advisers, both in practice and in-house, with practical guidance on the process of preparing for and applying for various methods of High Court judgment, including:

  • Obtaining information about a judgment debtor’s assets
  • Third party debt orders
  • Charging orders
  • Writs of fieri facias (or warrants of control)
  • Appointing a receiver by way of equitable enforcement
  • Interest on judgment debts

    It also provides detailed analysis of the legal issues and underlying case law surrounding each method of enforcement.

    Important coverage of significant case law and the TCEA 2007

    This new second edition covers the Tribunals Courts and Enforcement Act 2007 and the effects the new regime will have, as well as a number of significant cases which have taken place since the last edition, including:

    • The Court of Appeal’s decisions in Masri v Consolidated Contractors International Co SAL [2008] EWCA Civ 303 and [2008] EWCA Civ 876 in respect of the appointment of a receiver in respect of foreign assets by way of equitable execution (distinguishing the House of Lords’ decision in Société Eram), and in respect of CPR Part 71.
    • Carnegie v Giessen [2005] EWCA Civ 191 on charging orders to secure an amount expressed in foreign currency.
    • AIG Capital Partners v Kazakhstan [2005] EWHC 2239 (Comm) and Westacre Investments v Yugoimport [2008] EWHC 801 (Comm) in respect of third party debt orders.
    • Gater Assets v Nak Naftogaz Ukrainiy [2008] EWHC 1108 (Comm), and Seventh Earl of Malmesbury v Strutt and Parker (a firm) [2008] EWHC 616 (QB) in respect of interest on judgments.

    This book will provide you with the essential background, materials and commentary that can be so time consuming to locate. With easy access to this crucial information, you can now pursue recovery of a judgment in the most efficient and successful way possible.


    Bibliographic detail

    ISBN: 9781847662903
    Publication Date:Nov-08
    Format: Hardback
    Availability: In print
    List price: £195 (approx)

    • Hardback - ISBN - 9781847662903 - £195.00 VAT Free

     

    Contents

    Preface
    Acknowledgements to second edition
    Table of statutes
    Table of statutory instruments
    Table of conventions
    Table of European legislation
    Table of cases

    Introduction

    Chapter 1: General rules about enforcement of judgments

    Chapter 2: Obtaining information about a judgement debtor’s assets

    Chapter 3: Third part debt orders

    Chapter 4: Charging orders

    Chapter 5: Writs of fieri facias

    Chapter 6: Appointing a receiver by way of equitable execution

    Chapter 7: Interest on judgments