header-logo header-logo

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

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll