Podcast Location:
Download it here [file size: 20.1 MB]
Categories:
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those who are unsure about execution against goods or for those who need a refresher. In an easy to follow, step by step guide, James Sheedy will discuss the necessary steps in obtaining a writ of fieri facias’ in the High Court.

Outcomes:
After completing the course you will:
  • Understand what a writ of fieri facias is;
  • Understand how execution against a judgment debtor’s goods works;
  • Be aware what classes of goods come within the ambit of a writ;
  • Understand the procedure to obtain a writ;
  • Understand what documents need to be filed and served;
  • Be aware of how execution proceeds following the issue of a writ of execution;
  • Understand the rules of seizure and entry on the debtor’s premises;
  • Understand the nature of interpleader proceedings.
Level:
Beginner Difficulty: 1 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • Tribunal, Courts and Enforcement Act 2007;
  • Consumer Credit Act 1974;
  • Crown Proceedings Act 1947 s25;
  • Courts Act 2003 Sch 7;
  • Insolvency Act 1986 s183, 184, 346;
  • Attachment of Earnings Act 1971 s8(2);
  • Rules of the Supreme Court Order 46;
  • Rules of the Supreme Court Order 47;
  • CPR 66 (Crown Proceedings);
  • Lowsley v Forbes [1999] 1 AC 329;
  • Limitation Act 1980 s 38(1), 24;
  • Huntress Search Ltd v Canapeum Ltd and another [2010] EWHC 1270 (QB).
Tags:

This podcast deals with the High Court writ of ‘fieri facias’ and its effectiveness as an enforcement method against a judgment debtor in default. The podcast is a procedural guide to the steps involved in obtaining such an order.

Podcast added: 10/09/10

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