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Chapter

Cover A Practical Approach to Effective Litigation

27. Enforcing a Judgment  

The enforcement of a judgment is an issue that must be considered and managed as part of the litigation project from the start. Keeping enforcement in mind at each stage of the litigation process ensures that any possible problems with enforcement are taken into account in any cost-benefit analysis or risk assessment. This chapter first outlines the steps to assist enforcement, which includes deciding who to sue, gathering information, interim orders, settling the case, and drafting orders. It then discusses the methods of enforcing a judgment, including third party debt orders, changing orders, attachment of earnings, winding up and bankruptcy, execution against goods, orders for delivery/possession, receivership, and the use of contempt of court proceedings. The final section deals with the international enforcement of judgements, specifically enforcing a foreign judgment in the UK and enforcing an English judgment in another country.

Chapter

Cover A Practical Approach to Civil Procedure

48. Enforcement  

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

25. Construction Industry Adjudication  

This chapter looks at the process of adjudication in construction industry disputes. Adjudication resembles arbitration, in that it produces a decision on the dispute, but one that is only of a temporary nature. The process involves an adjudicator reaching a decision very swiftly (only 28 days after appointment), with the idea being to get a decision on how much a contractor should be paid, potentially followed by a full-blown investigation through the courts or in a formal arbitration if either party does not agree with the adjudicator's decision. The underlying policy is ‘pay now, argue later’. An adjudication award is binding, but is not registrable as a judgment, unlike an award in arbitration. Instead, enforcement is through suing on the adjudicator's decision, often followed by the entry of judgment in default or an application for summary judgment.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

32. Enforcement of Settlements and Awards  

This chapter focuses on the enforcement of settlements and awards. The approach taken to enforcement of compromises in large measure depends on the nature of the process used to resolve the original dispute. In adjudicative procedures, enforcement will often be through registering the award with the courts of the state where enforcement is to take place, and then enforcing the award as a civil judgment. An exception is construction industry adjudications, where the decision is not itself registrable. Instead, it may be enforced through bringing court proceedings and entering judgment. In non-adjudicative procedures, if the parties have resolved their dispute, they will have entered into a contract of compromise. Enforcement is through suing on that contract. Alternatively, in a non-adjudicative procedure, the parties may convert the compromise agreement into a court judgment or order, and then enforce that judgment or order.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

19. International Mediation  

This chapter evaluates international mediation. Mediation is particularly effective as an alternative dispute resolution (ADR) process for resolving international disputes because it enables linguistic and cultural differences to be managed and respected to a greater extent than is possible in court proceedings. Moreover, it avoids complex arguments about which court has jurisdiction to determine the dispute and which system of law applies to the dispute. The chapter then looks at the EU Directive on mediation in civil and commercial matters, which sets minimum standards for mediation in EU countries. The United Kingdom has implemented the Directive by adding to the suspension of the operation of the limitation period while the parties are attempting mediation in a cross-border dispute, and providing for mediation settlement agreements in such disputes to be made orders of the court for ease of enforcement by enabling parties to apply for a Mediation Settlement Enforcement Order (MSEO).