Enforcement: Litigation

An overview of administrative receivership.

A note covering the various types of anti-social behaviour injunctions under section 153 of the Housing Act 1996 (together, section 153 injunctions). It also covers: The consequences of breaching section 153 injunctions. The procedure for applying for section 153 injunctions. Acceptable behaviour contracts.

This note addresses how a trustee in bankruptcy identifies, protects and deals with his interest in the bankrupt's family home. It discusses the effect of a bankruptcy order on trusts of land and rights of occupation affecting the bankrupt's family home. It also sets out the grounds for a trustee's application for an order for possession and sale of the bankrupt's home, considering the impact of exceptional circumstances and the bankrupt's death.

A practice note discussing charging orders over land, how to protect them, priority issues and the effect of insolvency and other security on their enforceability.

This practice note provides an overview of compulsory liquidation, or winding-up. It discusses situations in which a company can be placed into compulsory liquidation and what happens after a compulsory liquidation order is made. For further information on how to place a company into compulsory liquidation see Checklist, How do I place a company into compulsory liquidation?. This note does not cover voluntary liquidations, which are considered in Practice note, Voluntary liquidation: What is it and how do I place a company into voluntary liquidation?

A summary of the key practical and legal effects and restrictions faced by an undischarged bankrupt following the making of a bankruptcy order against him.

A note on the landlord's right to forfeit a long residential lease and the procedure to be followed.

A practice note on how to respond to the financial difficulties or insolvency of a company that owes you money, which considers how to press for payment from a distressed trading partner, key contractual issues and outlines the position of the unsecured creditor in an insolvency process.

This note considers a party's entitlement to post-judgment interest in the High Court and county courts. Post-judgment interest is the interest that is payable on judgment debts and costs.

This practice note sets out the potential consequences of starting winding up proceedings against a company. It explains why serving a statutory demand or issuing a winding up petition may not always be an appropriate means of enforcing a debt. It also sets out alternative courses of action that may be available to a creditor of a company.

An overview of the functions of a liquidator and his or her powers in relation to different types of assets.

A note on local authority debt collection and the methods of enforcement available against individuals, linking to other relevant PLC content. The note includes the collection methods available in initial cases of non-payment, such as agreed payment plans, and how court action will be taken in more serious cases potentially ending with the issuing of bankruptcy proceedings.

A note on the bail procedure in the magistrates' courts. It covers the bail application procedure and the statutory exceptions to the right to bail.

This note provides an overview of magistrates' courts and their jurisdiction. It also considers how magistrates are appointed, where magistrates' courts should be located and the various matters that magistrates will deal with within their criminal and civil jurisdictions.

A note on pre-trial procedure and practice in the magistrates' courts. The note also deals with potential case management issues and the key stages in a prosecution.

A note on whether a charging order and an order for sale can be obtained against a property which the judgment debtor and a third party own as joint tenants.

A note on the Protection of Freedoms Bill which received Royal Assent on 1 May 2012 to become the Protection of Freedoms Act 2012.

A statutory demand is often the first stage in winding up or compulsory liquidation proceedings, before a creditor presents a winding up petition. It is crucial that a company's directors deal with a statutory demand appropriately. This note is a practical guide to the issues that a company should consider if a creditor serves a statutory demand, Form 4.1, under the Insolvency Act 1986.

An introduction to the law applying to retention of title clauses.

This Practice note summarises the procedure for taking control of goods in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). The provisions in Schedule 12 are not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007 and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. The procedure in Schedule 12 may be used by a landlord under a lease of commercial premises to recover rent payable by the tenant. This power is known as commercial rent arrears recovery (see Practice note, Commercial rent arrears recovery). Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.  

This practice note discusses the basic pre-conditions of distress to recover arrears of rent, how a bailiff can gain entry to premises and what goods can be seized.