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10 December 2021 / Stephen Gold
Issue: 7960 / Categories: Features , Procedure & practice , Civil way
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Civil way: 10 December 2021

Judgment debtors hit for VAT; Success fee through back door; Divorce reform latest; Document redaction OK? Service charge battle; Mercy for Personal Reps

ENFORCEMENT PANTO

Oh yes you can. Oh no you can’t.’ As the pantomime season approaches, it is appropriate that the Taking Control of Goods (Fees) (Amendment) Regulations 2021 (SI 2021/1288) should have come into force yesterday 9 December 2021. Where the judgment creditor is not VAT registered, they will entitle a sum equivalent to the VAT element on the prescribed enforcement costs and disbursements to be recovered by the enforcement agent from the judgment debtor. There has been many an argument in enforcement agent watering holes about whether creditor or the debtor should bear this element. The Ministry of Justice asserted that the subordinate legislation and common law supported their case that it was the debtor who had to pay up but still there were fights and bloodied walls over this. And so we now have clarification on the issue.


FAMILY ENJOYS SUCCESS FEE

Orders, albeit indirect, for payment of a CFA success fee in

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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