Civil Judgments Enforcement Act 2004

Unless it is made for the purpose of enforcing a judgment against the partnership itself, an enforcement order must not be made under Part 4 in respect of any available debt in relation to, or any property of, a partnership.

If a judgment in a case is given against a partnership, an order to enforce the judgment may be made under Part 4 or 5 —

against the partnership or in respect of any available debt in relation to, or any property of, the partnership; or

without the court’s leave, against a person who —

was served as a partner with the writ or other document commencing the case, or with notice of the writ or document, but who did not enter an appearance; or

entered an appearance in the case as a partner; or

admitted in the case to being a partner; or

was adjudged in the case to be a partner;

with the court’s leave, against a person who is a partner but to whom paragraph (b) does not apply.

Section 13(2) applies to an application for leave under this section.

If under Part 4 or 5 an order is made under which any property of a partnership may be sold or foreclosed, the order must include liberty for the other partner or partners at any time to purchase or redeem the property.