Aspects Of Costs And Enforcement

Question 1

What is the rule for non-party costs?

Answer 1

Courts can make an order for non-parties to pay if they are satisfied they were responsible for proceedings

Question 2

Who is security of costs open to ?

Answer 2

The defendant

Question 3

What is the two stage test for whether court will order for security of costs ?

Answer 3

1) Court I satisfied that it is just to make such an order

2) one or more conditions in part 25 applies

Question 4

What is included in part 25 conditions ?

Answer 4

• Claimant resident outside of Hague convention states
• Claimant is impecunious (can’t pay)
• Claimant taken steps to make enforcement difficult

Question 5

What is considered whether it is just to make the order?

Answer 5

• Strength of claim
• Ability to provide security
• cause of impecuniosity
• property within jurisdiction
• Timing

Question 6

What is true for a part 36 offer to be valid ?

Answer 6

• Be in writing
• Make it clear it is pursuant to part 36
• Specify a period of 21 days if offer is accepted
• state whether it is for whole claim or part of it

Question 7

What are the three outcomes if C makes a part 36 offer ?

Answer 7

1) win at trial and be awarded a sum that beats their own offer

2) win but obtain that is less then their own offer

3) lose at trial

Question 8

What is the result if C wins at trial and be awarded a sum that beats their offer ?

Answer 8

D will pay costs in standard basis up to date if expiry of the offer (21 days) and then on the indemnity basis thereafter

Question 9

What are the three outcomes if D makes a part 36 offer ?

Answer 9

1) C wins and beats D part 36 offer

2) C wins but fails to beat part 36 offer

3) C loses at trial

Question 10

What if D makes a part 36 offer and C wins but fails to beat offer ?

Answer 10

D pays C costs on standard basis

C pays D costs on standard basis from date of expiry from the relevant period

Question 11

What if D makes a part 36 offer but C loses ?

Answer 11

Standard basis and then on indemnity basis from date of expiry

Question 12

What are the methods of enforcement ?

Answer 12

• Taking goods
• charging order
• third party debt order
• earnings order

Question 13

What’s is the procedure for taking control of goods in high court ?

Answer 13

• request and copies of writ of control to court
• after reviving consent forwarded to HCEA for county where debtor resides

Question 14

What is the procedure for taking control of goods in the county court ?

Answer 14

Creditor files request warrant at court

Warrant is executed by the enforcement officer

Question 15

What are the exemptions for seizure of goods ?

Answer 15

Cannot take anything reasonably required for the basic needs of the debtor and family.

Also anything required in individuals sole trade or study can be taken only up to a total value of £1,350

Question 16

What is a charging order ?

Answer 16

Charging order on stocks or land can be made

Question 17

What is a third party debt order ?

Answer 17

If owed money by third party debtors can seize this.

Question 18

What is the procedure for a third party debt order ?

Answer 18

Creditor applies to court without notice

Judge will make an interim order, freezing bank of funds held by third party

Hearing within 28 days, court will decide whether to make them pay money to creditor.

Question 19

What is attachment of earnings ?

Answer 19

Compels debtor employer to make regular deductions from the debtors earnings and pay then into court.

Question 20

What is procedure for the attachment of earnings ?

Answer 20

Creditor Applies to county court money claims centre

Court informs the debtor of the application and requires them either to pay sun due or file a statement of means giving details of income

In recipes court officer will make an attachment of earnings order

Order will be sent to the parties and to debtors employer