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Enforcement and Debt Recovery

A Guide to the New Law, 2nd Edition
Peter Levaggi, David Marsden, Peter Mooney
Availability: Published


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 a comprehensive review of the law of enforcement. Coverage includes:

  • the 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.

An essential book for enforcement agents, property lawyers, commercial landlords, surveyors and insolvency practitioners.


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. Enforcement agents 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 seizure and sale  12. Liability and remedies.  Part III:  13. Attachment of earnings orders  14. Third party debt 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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infoProduct information

Category

Property and conveyancing

Published

November 2014

Publisher

Law Society

ISBN

9781784460068

Format

Paperback
528 Pages