IF YOU’VE MADE THE DEFENDANT BANKRUPT – YOU CAN’T COMPLAIN WHEN YOU’VE GOT WHAT YOU ASKED FOR
The judgment of the Court of Appeal today in Michael Wilson & Partners Ltd v Sinclair & Ors [2021] EWCA Civ 505 contains an important lesson to litigators considering enforcing a judgment. The claimant had made the defendant bankrupt whilst…
GOING BANKRUPT DID NOT RELEASE BANKRUPT FROM A JUDGMENT DEBT: JUDGE GIVES PERMISSION FOR ENFORCEMENT PROCEEDINGS TO CONTINUE DESPITE A SUBSTANTIAL DELAY
In Jones & Pyle Developments Ltd v Rymell [2021] EWHC 385 (Ch) HHJ Paul Matthews found that a judgment debt was not released by bankruptcy. He also allowed enforcement proceedings to continue, despite a substantial delay. THE CASE The claimant…
WHEN ENFORCEMENT PROCEEDINGS GO WRONG: IF YOU CAN’T OPERATE BY THE RULES THEY MAY TAKE YOUR LICENCE AWAY…
The enforcement of judgments is an aspect of civil procedure that rarely makes the law reports. In Rooftops South West Ltd & Ors v Ash Interiors (UK) Ltd & Ors [2018] EWHC 2799 (QB) Master Davison was highly critical of the…
A POSSIBLE SOLUTION WHEN A DEFENDANT IN A PI CASE WILL NOT PAY: LOOK AT YOUR OWN CLIENT’S HOME INSURANCE POLICY
I am repeating something that has appeared in this blog twice already. However it is a topic that that has featured in recent legal discussions on Twitter. That is the use of your own client’s home insurance policy to recover damages…
INTERPLEADER PROCEEDINGS: FILLING THE GAP IN THE RULES
In Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement) [2018] EWHC 219 (QB) Master McCloud had to look back at a few centuries of jurisprudence in order to find a solution to a very modern problem. What…
WHEN THE ASSETS DISAPPEAR FROM A JUDGEMENT DEBTOR: POTENTIAL CAUSES OF ACTION EXPLORED
The first rule of Law School is (or should be) “don’t sue anyone who doesn’t have the cash to pay”. The most meritorious case coupled with the most astute legal team is going to get blood out of a stone….