Northumbrian Water v Hussain [2013] EW Misc 12 (CC) (23 August 2013)

Defendant was properly served notice, failed to attend without explanation, warranting suspended imprisonment and adjournment of attachment of earnings application.

Citation: [2013] EW Misc 12 (CC)
Parties: Judgment Creditor: Northumbrian Water Ltd; Judgment Debtor: Auroj Hussain
Jurisdiction: England and Wales
Judgment Date: 23 August 2013
Procedural Posture: Enforcement Proceedings / Judgment
Outcome: Suspended imprisonment imposed; attachment of earnings application adjourned
Legal Topics: Enforcement of Judgment, Attachment of Earnings, Contempt of Court

Civil Procedure Enforcement of Judgment Attachment of Earnings Contempt of Court

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Parties

Northumbrian Water Ltd

Judgment Creditor

Auroj Hussain

Judgment Debtor

Procedural Posture

Enforcement Proceedings / Judgment

Legal Issues

1 Whether the defendant was served notice of hearing
2 Whether the defendant failed to attend without explanation
3 Appropriate sanction for non-attendance

Ratio Decidendi

Defendant was properly served notice, failed to attend without explanation, warranting suspended imprisonment and adjournment of attachment of earnings application.

Court Disposition

Suspended imprisonment imposed; attachment of earnings application adjourned

Orders

14 days imprisonment suspended on terms set out in form N118
Attachment of earnings application adjourned to date specified in N118 form