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You will recover fixed costs if you are successful. These are unlikely to cover all your legal costs, and so advice as to commercial viability should be sought.

I have judgment in my favour for £15,000. What method should I use to enforce it?

This depends on the assets of judgment debtor. If it is a company you may commence winding-up proceedings or instruct the high court enforcement officer. Likewise a Charging Order (to secure the debt against property or land owned by the debtor), Garnishee Proceedings (to seek payment from monies owed to the debtor held by a third party) or Attachment of Earnings Order (obtain payment from the debtor's employers by direct deduction from the debtor's salary/wages) may be more appropriate. Advice should be sought. Send us your details.

My Area Sales Manager has left and is working for a competitor. I am losing business - what can I do?

Obviously you will have looked at his contract to see if the ex-employee is in breach of any restrictive covenants. You can pursue the ex-employee and his new employer if they are using your trade secrets and confidential information but this depends on his contract. If this applies or could apply send us your details.

Should I issue proceedings in the County Court, High Court or go to Arbitration?

This will depend upon the dispute and the parties involved. It is recommended that the option of Arbitration or Alternative Dispute Resolution be considered as it may be the quickest and most economical way of resolving the dispute.

Contact Jobling & Knape with your Commercial Litigation FAQs question:

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