Bankruptcy / Insolvency

Enforcement and Debt Recovery, 2nd edition

Edited by Peter Levaggi · David Marsden · Peter Mooney
Law Society Publishing October 2014

Specifications

ISBN-13
9781784460068
Publisher
Law Society Publishing
Publication
October 2014
Format
Paperback , 512 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The law of enforcement and debt recovery has included some of the oldest law on the statute books of England. On 6 April 2014 long-awaited reforms, the most significant for hundreds of years, came into force, unifying and radically reforming the law governing enforcement agents. In the second edition of this popular book, highly respected practitioners with a wealth of experience in the enforcement industry set out the most up-to-date and comprehensive review of the new law of enforcement. Coverage includes:

  • the new standards and certification for enforcement agents
  • a complete review of the Taking Control of Goods Regulations 2013
  • the abolition of distress for rent
  • the introduction of Commercial Rent Arrears Recovery (CRAR)
  • the criminalisation of squatting. The authors combine their authoritative review and analysis of the law with insights into the practical impact of the rules and regulations, uniquely illustrated by numerous examples and practice points.

The book also includes an appendix, providing access to the relevant law and regulations in a single essential volume for enforcement agents, property lawyers, commercial landlords, surveyors and insolvency practitioners.

Table of Contents

Part I: 1. Introduction; 
2. General rules about judgments and orders;
3. Registration of judgments;
4. Transfer of proceedings;
5. Obtaining information about the debtor. 
Part II: 6. Enforcementagents and warrants of control; 
7. Commercial rent arrears recovery; 
8. Insolvency of tenant/debtor;
9. Enforcement by taking control of goods;
10. Procedure for taking control; 
11. Between seizureand sale;
12. Liability and remedies.
Part III: 13. Attachment of earnings orders;
14. Third partydebt orders. 
Part IV: 15. Charging orders; 
16. Obtaining possession of commercial premises;
17. Obtaining possession of residential premises;
18. Obtaining possession from trespassers/squatters; 
Part V: 19. Introduction to debt management and relief; 
20. Administration orders;
21. Enforcement restriction orders;
22. Debt relief orders; 
23. Debt management schemes.

About the Author

Peter Levaggi is a solicitor advocate and partner at Charles Russell LLP where he is head of the property litigation and property insolvency groups.

David Marsden is a solicitor and partner at Charles Russell LLP, where he is head of the property litigation team in a branch office.

Peter Mooney is a senior partner of the County Bailiff Group and Fellow of the National Association of Auctioneers and Valuers. He has over 22 years' experience as a bailiff.

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