High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Debt is not a crime: reviewing imprisonment for council tax non-payment – Legal Voice

Posted December 20th, 2017 in council tax, debts, imprisonment, news by sally

‘Being in debt is not a crime. So why are nearly 100 people a year sent to prison for falling behind on council tax payments?’

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Legal Voice, 19th December 2017

Source: www.legalvoice.org.uk

A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers

Posted November 24th, 2017 in bankruptcy, debts, domicile, news by sally

‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’

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Hardwicke Chambers, 2nd November 2017

Source: www.hardwicke.co.uk

Treat Insolvency Rules as ‘a complete code’ for payment of statutory interest, rules Court of Appeal – OUT-LAW.com

‘The Court of Appeal has determined the extent of creditors’ entitlements to statutory interest on their debts and the correct approach for calculating their entitlement. It has ruled on the entitlement of representative creditors of Lehman Brothers International (Europe) (LBIE) to the surplus funds and on the calculation of the statutory interest due to them.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Legal costs capped for those who can’t pay energy bills – The Guardian

Posted November 10th, 2017 in costs, debts, news, utilities, warrants by tracey

‘Gas and electricity customers who have fallen so far behind with their payments that they are forced to have a prepayment meter, are to have their court and legal charges capped at £150 by the energy regulator.’

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The Guardian, 10th November 2017

Source: www.theguardian.com

The Jackson effect: One costs firm set to close as another leaves debt behind in administrator sale – Litigation Futures

Posted October 30th, 2017 in costs, debts, insolvency, law firms, legal services, news by sally

‘The harsh impact of the Jackson reforms on the costs world is on display today as we reveal that one costs business is closing down, while it has emerged that another has been reborn after the directors bought the assets, files and outstanding WIP from its joint administrators.’

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Litigation Futures, 30th October 2017

Source: www.litigationfutures.com

Pre-Action Protocol for Debt Claims – Part II – 4 KBW

Posted October 4th, 2017 in civil procedure rules, debts, news, pre-action conduct by sally

‘On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money”. None of the draft or consultation papers provide further guidance or seek to define the term ‘debt’ under English law.’

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4 KBW, 22nd September 2017

Source: www.4kbw.net

Pre-Action Protocol for Debt Claims – 4 KBW

Posted October 3rd, 2017 in debts, news, pre-action conduct by sally

‘The following article examines the concept of ‘debt’; this article focuses on the purpose, procedure and effects of the Protocol.’

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4 KBW, 20th September 2017

Source: www.4kbw.net

Payday loan complaints see sharp rise despite new rules – BBC News

‘Complaints about payday loans have risen sharply for the second consecutive year despite strict new regulations limiting interest charges.’

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BBC News, 13th June 2017

Source: www.bbc.co.uk

Angry judge locks up criminal for calling him ‘mate’ in court – Daily Telegraph

Posted May 25th, 2017 in contempt of court, costs, debts, fines, judges, news, racism, sentencing by tracey

‘A judge has thrown a racist who called him “mate” in court behind bars for being disrespectful.’

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Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Debt fears grow as county court judgments soar by 35% – The Guardian

Posted May 16th, 2017 in consumer credit, county courts, debts, enforcement, news by sally

‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’

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The Guardian, 15th May 2017

Source: www.guardian.co.uk

Debt-ridden courier’s suicide after bailiff visit prompts call for reforms – The Guardian

Posted May 2nd, 2017 in bailiffs, debts, inquests, news, suicide by sally

‘A debt-ridden young man took his own life shortly after bailiffs clamped the motorcycle that was essential to his work as a courier, an inquest has heard, in a case that has prompted calls for reform of the debt-collection industry.’

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The Guardian, 30th April 2017

Source: www.guardian.co.uk

English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

FCA considers shake-up of credit card market to help consumers struggling with persistent credit card debt – OUT-LAW.com

Posted April 5th, 2017 in banking, consultations, consumer credit, debts, financial regulation, news by sally

‘Credit card companies could be required to take more active measures to help customers struggling with persistent debts, under plans outlined by the UK’s City regulator.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Bailiff industry still problematic, say charities – The Guardian

Posted March 14th, 2017 in bailiffs, consumer credit, debts, enforcement, news by tracey

‘Bailiffs are continuing to intimidate vulnerable people in financial difficulty, despite a government crackdown on the issue, a group of charities has warned.’

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The Guardian, 14th March 2017

Source: www.guardian.co.uk

Court orders man to increase payments to wife who lost bulk of divorce settlement with ‘poor financial decisions’ – Daily Telegraph

Posted February 7th, 2017 in appeals, debts, financial provision, news, periodical payments by sally

‘A wife who lost the bulk of her divorce settlement by making “poor financial decisions” has been awarded larger monthly payments from her ex-husband despite calls from his lawyer for maintenance limits to reflect “social change”.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

Sharp rise in county court judgments against consumers – The Guardian

Posted February 7th, 2017 in consumer credit, county courts, debts, news by sally

‘The number of county court judgments (CCJs) registered against consumers has hit a record high, according to official figures that show that an increasing number of people will have problems getting a mortgage, credit card or bank account in the future.’

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The Guardian, 6th February 2017

Source: www.guardian.co.uk

Judge orders release of woman jailed for non-payment of council tax – Local Government Lawyer

Posted January 27th, 2017 in council tax, debts, imprisonment, news, sentencing by sally

‘A High Court judge has released a woman jailed for failing to pay council tax, saying she should not have been imprisoned.’

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Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

Non-payment of Council Tax – Local Government Law

Posted January 26th, 2017 in appeals, committals, council tax, debts, local government, magistrates, news, regulations by tracey

‘In R (Woolcock) v Bridgend MC (2017) EWHC 34 (Admin) Lewis J quashed a suspended committal order, pursuant to Regulation 47 of the Council Tax (Administration and Enforcement) Regulations 1992, because no proper means assessment had been carried out and the suspension period was manifestly excessive.’

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Local Government Law, 23rd January 2017

Source: www.11kbw.com/blogs/local-government-law