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06 September 2018
Issue: 7807 / Categories: Features , Judicial line , In Court
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Judicial line: 6 September 2018

This week: attachment disobeyed; possession costs; questioning the expert; non-mol undertakings.

Attached & unpaid

Q Where an employer fails to make substantial deductions from a judgment debtor’s pay under an attachment of earnings order, does the judgment creditor have any direct redress against the employer if the prospects of recovery of the missed payments from the judgment debtor are non-existent or poor?

A Our opinion is that there is no direct remedy available against the employer except by way of punishment under s 23(2)(a) of the Attachment of Earnings Act 1971. This creates an offence for failing to comply with the order and the strict position is that there is a separate commission of the offence for each ‘missed’ payment. The employer, often through its payroll officer, is liable to be dealt with by way of committal proceedings and can be fined and ordered to pay any sums deducted from the judgment debtor’s earnings for which the employer has not accounted.

In a fix

Q Fixed costs on entry of judgment seem to apply on an undefended possession claim where arrears of rent is

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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