It has been only three years since the last edition but, in that time, there have been a number of cases dealing with commercial enforcement and, importantly, the prospective amendments following the gradual enactment of the Courts, Tribunals and Enforcement Act 2007. These developments have necessitated a new edition. Commercial Enforcement, now authored by Kit Jarvis and Andrew Lafferty, builds on the excellent first edition by providing a clear and authoritative guide to commercial enforcement.
The enforcement of a judgment is one of the more important skills for any litigator. Whilst a client will generally be happy if he or she wins their case, happiness will quickly disappear if the judgment remains unpaid. Fortunately, Commercial Enforcement, written by two experienced commercial litigators, considers all methods of enforcement including oral examinations, third party debt orders, attachment of earnings orders, charging orders, writs or warrants of control and interest on judgment debts. Each chapter is written in an accessible way meaning that difficult points are quickly understood.
Like the previous edition, Commercial Enforcement practically explains each method by stating what steps need to be taken and what evidence the court requires. By doing so, readers save considerable time which may otherwise be lost. It also impressively considers numerous judgments including, where appropriate, extracts from the leading judgments. It also explains, unlike a number of other texts which simply provide an overview of enforcement procedures, each approach in detail. Luckily, the authors include a number of helpful hints and tips allowing the reader to edge out the competition. Commercial Enforcement also includes a number of footnotes meaning the reader can quickly find and consider the principle which supports the authors' summary of the law.
All commercial litigators should welcome this second edition of Commercial Enforcement, which is an extremely well-written and engaging text. It explains the key principles of enforcement in a logical and accessible way. By doing so, the authors give the reader an advantage over their competitors because enforcement is typically (and sometimes unfairly) left to debt recovery departments. Whilst Commercial Enforcement may seem expensive, commercial litigators will quickly recover their money and seek a substantial benefit and edge over the competition!
Reviewed on 8 December 2008
Student Law Journal