Enforcement

Enforcing against Shares The court may make a charging order over shares. The application is a one-sided application and is made without notice in the first instance. The other party may apply to vary the order.The… Read the rest

Procedure for Enforcement There are a number of means of enforcement against a debtor’s intangible assets, which each require an application to the court. In each case, the application is for a court order directed to a third party to secure that the asset is secured for the judgment creditor.… Read the rest

Context Execution is the process by which court orders are enforced and implemented. Court orders are not implemented automatically. Generally, the party who seeks enforcement must take the initiative unless the defendant complies with the order voluntarily.… Read the rest

Court Orders in the lower Courts District and Circuit Court practice and procedure in relation to the issue and enforcement of court orders is broadly similar to that in the High Court. The District and Circuit Court Rules make specific provision for the enforcement of their respective court orders, which differ in some respects to the High Court rules, set out in the section on the enforcement of judgments.… Read the rest

New System of  Attachment The Civil Debt Procedures Act 2015 provides a general systems for  enforcement of civil debts by attachment of earnings and deduction from social welfare payment.  Provided that the debtor has capacity to pay, the attachment of earnings order requires the debtor’s employer to deduct the specified sums and pay it to the creditor. … Read the rest

Attachment and Committal Attachment and committal is a method or process for execution of civil judgements and orders It is also employed for punishing other instances of contempt of court. The purpose of the process is to compel compliance with the judgment.… Read the rest

Overview Committal to prison can take place where there is deliberate refusal to obey a court order. This is not generally a punishment in the sense that imprisonment for crime is for a particular sentence for a crime that has occurred.… Read the rest