Distress warrant meaning

This Practice Note outlines the six criminal offences under the Protection from Harassment Act 1997 (PHA 1997), such as harassment, causing fear of violence and stalking. It highlights the criminal remedies open to those targeted, including restraining orders made under PHA 1997. It also reviews civil avenues, for example damages for distress, injunctions and exclusion zones. The Note explains the process under the Civil Procedure Rules 1998 (CPR), covering who may apply and the appropriate court. It includes guidance on breach of injunction, undertakings, warrants of arrest and the assessment of damages. Where clients cannot rely on the Family Law Act 1996 (FLA 1996) because they fail to meet the criteria or eligibility, or where compensation is pursued, relief may instead be available under PHA 1997. See Practice Note: Domestic violence non-molestation orders. However, if the victim and the harasser or molester are ‘associated persons’ within FLA 1996, s 62(3), the remedies in the 1996 Act are broader and potentially preferable. Any concurrent claims brought under PHA 1997 and FLA...

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

The Taking Control of Goods legislation The taking control of goods (TCG) regime comprises two distinct processes: TCG—superseding the former writs of fieri facias and warrants of execution used to enforce judgment debts Commercial rent arrears recovery (CRAR)—replacing the previous distress for rent procedure for commercial rent arrears This Practice Note addresses only the TCG route. For CRAR, see Practice Note: Commercial rent arrears recovery (CRAR). The TCG framework is set out in several interrelated instruments: Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) The Taking Control of Goods Regulations 2013, SI 2013/1894 (TCG Regulations) The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1 (Fees Regulations) Certification of Enforcement Agents Regulations 2014, SI 2014/421 (Certification Regulations) CPR 83–CPR 85 Together, these provisions operate as an essentially self-contained procedural code governing all aspects of TCG. For many practitioners, detailed engagement with this legislation is typically confined to securing the writ or...