Enforcement of a Judgment – a brief overview of the options available

Obtaining a County Court Judgment may be just the tip of the iceberg when seeking recovery of what is owed to you. Throughout this article, we will provide you with a synopsis of the potential options available to you when considering the enforcement of a Judgment.

Bankruptcy and Winding up Petitions

Following our recent article on Enforcement of a Judgment, Insolvency proceedings can also be useful tool to enforce a Judgment. Throughout this article, we briefly explore both bankruptcy and winding up petitions as a way to enforce an unpaid Judgment, as well as an effective mechanism for obtaining payment on an undisputed debt.

Possession Proceedings

It can be very stressful when a tenant will not vacate your property at the end of their tenancy or when they have been asked to vacate for breaching a term in the tenancy (such as falling into rental arrears) but refuse to leave.

If you have found yourself in this situation or are wondering what to do should you ever experience this, then rest assured there is a process to re-possess your property again.

You can evict tenants who have an assured shorthold tenancy in compliance with the procedure within Section 21 and/or Section 8 of the Housing Act 1988 and this article will provide you with a brief overview of both procedures.

A Thorny Issue – Japanese Knotweed

Invasive plants like Japanese Knotweed can pose a serious threat to biodiversity, and the structural integrity of buildings.

Japanese Knotweed is a key issue on the purchase, sale or lease of a property, and infestations can lead to neighbour disputes and litigation.

Else Solicitors’ Commercial Property and Dispute Resolution teams are experts at handling legal issues relating to Japanese Knotweed and other invasive plants.

Contract Law and Force Majeure, Frustration and Illegality

When a company cannot complete work as agreed under a Contract the remedy is for the innocent party to seek compensation or damages for breach of contract or as an alternative (and in some cases it may not be appropriate) to seek a Court Order for specific performance if the contracting party is not able to perform and complete the work it has agreed to do.