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A Practical Approach to Effective Litigation

A Practical Approach to Effective Litigation (8th edn)

Susan Blake
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date: 04 October 2022

27. Enforcing a Judgmentlocked

27. Enforcing a Judgmentlocked

  • Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law

Abstract

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.

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