Aspects Of Costs And Enforcement Flashcards
What is the rule for non-party costs?
Courts can make an order for non-parties to pay if they are satisfied they were responsible for proceedings
Who is security of costs open to ?
The defendant
What is the two stage test for whether court will order for security of costs ?
1) Court I satisfied that it is just to make such an order
2) one or more conditions in part 25 applies
What is included in part 25 conditions ?
- Claimant resident outside of Hague convention states
- Claimant is impecunious (can’t pay)
- Claimant taken steps to make enforcement difficult
What is considered whether it is just to make the order?
- Strength of claim
- Ability to provide security
- cause of impecuniosity
- property within jurisdiction
- Timing
What is true for a part 36 offer to be valid ?
- 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
What are the three outcomes if C makes a part 36 offer ?
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
What is the result if C wins at trial and be awarded a sum that beats their offer ?
D will pay costs in standard basis up to date if expiry of the offer (21 days) and then on the indemnity basis thereafter
What are the three outcomes if D makes a part 36 offer ?
1) C wins and beats D part 36 offer
2) C wins but fails to beat part 36 offer
3) C loses at trial
What if D makes a part 36 offer and C wins but fails to beat offer ?
D pays C costs on standard basis
C pays D costs on standard basis from date of expiry from the relevant period
What if D makes a part 36 offer but C loses ?
Standard basis and then on indemnity basis from date of expiry
What are the methods of enforcement ?
- Taking goods
- charging order
- third party debt order
- earnings order
What’s is the procedure for taking control of goods in high court ?
- request and copies of writ of control to court
- after reviving consent forwarded to HCEA for county where debtor resides
What is the procedure for taking control of goods in the county court ?
Creditor files request warrant at court
Warrant is executed by the enforcement officer
What are the exemptions for seizure of goods ?
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
What is a charging order ?
Charging order on stocks or land can be made
What is a third party debt order ?
If owed money by third party debtors can seize this.
What is the procedure for a third party debt order ?
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.
What is attachment of earnings ?
Compels debtor employer to make regular deductions from the debtors earnings and pay then into court.
What is procedure for the attachment of earnings ?
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
