Prest v Prest [2015] EWCA Civ 714

Enforcement: Burden of proof

Naomi Rainey compares the different judicial approaches to the evidential burden on an application for a judgment summons ‘In the absence of a case to answer being demonstrated, the respondent is entitled to have the application for a judgment summons dismissed.’ The decision in Migliaccio v Migliaccio [2016] follows a stream of Court of Appeal …

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Enforcement: A rare bird

Lottie Tyler considers whether a court-appointed receiver may be an overlooked method of enforcement, not an unjustifiable expense ‘The possibility of an order appointing a receiver can be a substantial threat to wield against a respondent who is used to enjoying autonomy and control in all aspects of their life.’ The decisions in Sharland v …

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