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1KBW on Enforcement in Financial Remedy Proceedings

1KBW on Enforcement in Financial Remedy Proceedings

Author: Richard Harrison KC
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526522542
Published In: January 2023
Format: Paperback , 264 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,170.00

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Description
Contents

Details

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

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)