9. Enforcement

Question 1

Where does an appeal from CC District Judge go?

Answer 1

CC circuit judge

Question 2

Where does an appeal from CC District Judge go for non-insolvency CA 2006 proceedings?

Answer 2

HC Judge

Question 3

Where does an appeal from a CC circuit judge go?

Answer 3

HC judge

Question 4

Where does an appeal from a HC master go?

Answer 4

HC judge

Question 5

Where does an appeal from a HC judge go?

Answer 5

CA

Question 6

Time limit for appealing

Answer 6

21 days from lower court’s judgment

Question 7

Appeal Form

Answer 7

Form N161

Question 8

How to apply for permission to appeal

Answer 8

(1) Lower court orally; and/or

(2) Appeal court in writing

Question 9

Test for first appeal

Answer 9

Real prospect or success or other compelling reason

Question 10

Second appeal test for permission

Answer 10

Real prospect of success and raises an important point of principle or practice, or other compelling reason

Question 11

How do you appeal a refusal of permission in the CC or HC?

Answer 11

Ask for a hearing to determine within 7 days of refusal notice

Question 12

Grounds to appeal a judgment

Answer 12

Wrong

Serious irregularity causing unjust decision

Question 13

Will the appeal court accept new evidence?

Answer 13

Usually not, but they have discretion to

Question 14

In which court may C apply for an attachment of earnings order?

Answer 14

CC

Question 15

In which court may C apply for an attachment of earnings order?

Answer 15

CC

Question 16

Procedure for 3RP debt order or charging order

Answer 16

Interim without notice application

C serves order on D

D attends a hearing and makes representations

Court either confirms, varies, or discharges the order

Question 17

Major disadvantage if a charging order

Answer 17

Lengthy process to force sale of a charged asset

Question 18

Which items are protected from seizure by bailiffs?

Answer 18

Tools of trade and domestic household items

Question 19

When is it appropriate to apply to HC for seizure?

Answer 19

Maybe between £600 and £5000 in debt, definitely if over £5000

Question 20

How much notice does bailiff give D of seizure?

Answer 20

At least 7 clear days - although don’t have to specify exactly when they’re coming

Question 21

How long does the warrant/writ of control give bailiffs to act?

Answer 21

12 months

Question 22

What agreement can the bailiffs enter with Swallowing D to retain possession?

Answer 22

Controlled goods agreement

Question 23

Consequence of refusing to attend court to answer a CPR 71 demand for information about assets

Answer 23

Contempt