Enforcement Of Judgement

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Author : Sam Collins
Publication Date: 21/10/2014
ISBN: 9780414034822
This is a comprehensive and practical guide for legal practitioners working in the area of enforcement. It covers practice and procedure relating to enforcement in the Superior Courts, the Circuit Court and the District Court. It is a comprehensive, readable, practical guide for practitioners involved in providing advice in relation to enforcement.
Key features
* Summarises the impact on enforcement of important recent legislation, including the Personal Insolvency Act 2012
* Deals with all important post-judgment remedies including attachment of debts,judgment mortgages, discovery in aid of execution, instalment orders, charging orders, stop orders, the sheriff, orders of delivery and sequestration, attachment and committal
* Discusses enforcement of judgments against insolvent persons and significance of the ?can?t pay? ?won?t pay? distinction
* Addresses enforcement of alternative dispute resolution awards (including arbitration awards and expert determinations) and the recognition and enforcement of foreign judgments
* Summarises the impact on enforcement of important recent legislation, including the Personal Insolvency Act 2012 and the Land and Conveyancing Law Reform Acts 2009 and 2013
* Discusses recent case law relating to enforcement, including McCann v Monaghan District Judge [2009], Moorview Developments Ltd v First Active plc [2011]; Response Engineering Ltd v Caherconlish Treatment Plant Ltd [2011); EBS Building Society v Hefferon [2012]; and The Waterside Management Company Ltd v Kelly [2013]
* Includes coverage of changes to the Rules of the Superior Courts impacting enforcement, including Rules of the Superior Courts (European Orders for Payment) 2008; Rules of the Superior Courts (Personal Insolvency) 2013; and Rules of the Superior Courts (Bankruptcy) 2013.
Judgments and orders; Enforcement and execution; Time limits; Registration and publication; Discovery in aid of execution; Judgment mortgages; Execution orders; The Sheriff; Orders of delivery; Sequestration; Garnishee orders; Appointment of a receiver by way of equitable execution; Charging orders, notices to restrain transfer of stock, and stop orders; Attachment and committal for contempt of court; Proceedings under the Enforcement of Court Orders Acts 1926 ? 2009 and the Debtors Act (Ireland) 1872; Personal insolvency