Disputes (Trial & Enforcement)

Question 1

What is the purpose of a Pre-Trial Checklist?

Answer 1

The Pre-Trial Checklist (Form N170) provides the court with an opportunity to ensure case management directions have been complied with, gives further directions if necessary, and fixes a trial date.

Question 2

When must the Pre-Trial Checklist be filed?

Answer 2

It must be filed at least 8 weeks prior to the trial start date

The checklist must be sent to each party 14 days before the due date for filing.

Question 3

What are mandatory directions the court must give on listing?

Answer 3

The court must
* fix or confirm the trial date
* give a time estimate for the trial
* fix the place of the trial.

Question 4

What are optional directions the court may give on listing?

Answer 4

The court may give directions on evidence, trial timetable, preparation of trial bundles, and other matters needed for trial preparation.

Question 5

What is the Trial Bundle?

Answer 5

It contains all relevant materials likely to be referenced at trial, placed in indexed and paginated files by the claimant. Identical bundles must be provided to each party and for witness use.

Question 6

What must the Reading List include?

Answer 6

In the High Court Chancery Division and KBD, the Reading List should include an estimate of judge reading time and hearing length, signed by all advocates.

Question 7

What is the purpose of a Skeleton Argument?

Answer 7

It summarizes submissions and cites authorities, and must be prepared for High Court trials.

Question 8

When must a list of Authorities be submitted in the High Court?

Answer 8

In the High Court, the list must be submitted by 5pm the day before the hearing.

Question 9

What is the role of Part 36 offers in trial preparation?

Answer 9

Part 36 offers should be considered and re-considered before trial. If the case settles, parties must notify the listing officer or face cost penalties.

Question 10

What is a Notice to Admit Facts and Documents?

Answer 10

**It formally asks the other party to admit specific issues. **

If they refuse and the judge finds the fact correct, the party may face cost consequences for wasting court time.

Question 11

What is the Brief to Counsel?

Answer 11

In complex multi-track cases, counsel is continuously involved.

In smaller cases, it summarizes the case to date to help counsel prepare. Fees are typically staged, with a non-refundable brief fee.

Question 12

How can witnesses be compelled to attend trial?

Answer 12

Witnesses can be compelled by issuing and serving a witness summons (Form N20).

Question 13

What is the purpose of the Claimant’s Opening Speech?

Answer 13

The Claimant’s Opening Speech describes the nature of the claim and identifies issues to be tried.

Question 14

What occurs during the Claimant’s Case?

Answer 14

• Evidence is called on behalf of the claimant.
• Witness statements serve as evidence-in-chief
• Followed by cross-examination by the defense and possible re-examination by claimant’s counsel.

Question 15

What occurs during the Defendant’s Case?

Answer 15

• Defense evidence is presented with witness statements as evidence-in-chief
• Followed by cross-examination by claimant’s counsel and possible re-examination by defense counsel.a

Question 16

What is the purpose of the Closing Speech?

Answer 16

Defense counsel highlights inferences supporting their case, followed by claimant’s closing arguments.

Question 17

What is a Judgment and Final Order?

Answer 17

A judgment ends the claim, often includes provisions for costs, and is made post-trial or through CPR procedures (e.g., default or summary judgment).

Question 18

What is a Reserved Judgment?

Answer 18

In complex cases, the judgment may be reserved for later.

A draft is typically circulated 2 days prior to a formal hearing, allowing parties to prepare cost submissions.

Question 19

What is the Service of Judgment and Orders?

Answer 19

The court usually draws up the order unless a party is ordered to do so, in which case they must file it within 7 days.

Question 20

When does a judgment or order take effect?

Answer 20

It takes effect from the date it is given or made, not served.

Judgment interest starts from this date, with a typical rate of 8%. Compliance is usually required within 14 days.

Question 21

What is the Debt Respite Scheme?

Answer 21

This scheme provides 60 days of ‘breathing space’ for individuals, not companies, who apply through a debt advice provider. Creditors must halt enforcement during this period.

Question 22

What is the general rule for costs?

Answer 22

The general rule is that ‘costs follow the event,’ meaning the losing party pays the costs.

Question 23

What is Enforcement?

Answer 23

Enforcement is action taken post-judgment by the winning party to obtain payment from the losing party, now the judgment debtor.

Question 24

Why investigate the debtor’s means?

Answer 24

To determine the most effective enforcement method. Investigations should continue throughout litigation, especially post-judgment.

Question 25

What are methods to investigate a debtor’s means?

Answer 25

• Enquiry Agents - private investigators who procure extensive information.
• Company searches - access company information including solvency and asset information.
• Land Charges Registry
• Individual Insolvency Register
• Attachment of Earnings Order Index - this shows the debtors against whom there are attachments of earnings orders in force.
• Register of Judgments, Orders, Fines > All County Court Judgments from 1990 onwards remain for 6 years. Since 2006, High Court judgments are recorded too.

Question 26

What are relevant debtor features for enforcement?

Answer 26

Consider legal aid, potential asset dissipation, and insurance entitlement.

Question 27

What is an Order to Obtain Information?

Answer 27

This order involves the court obtaining** asset information from the debtor through oral examination**, with penalties for non-compliance.

Question 28

What if another jurisdiction is involved in enforcement?

Answer 28

Assets abroad require enforcement of an English judgment there, while foreign judgments here must be treated as debt and enforced in the English courts.

Question 29

What is Taking Control of Goods (TCG)?

Answer 29

TCG allows Enforcement Officers to seize and sell a debtor’s goods to satisfy debt, with exemptions for trade tools and basic household items.

Question 30

What are the stages to TGC - Taking control of goods?

Answer 30

Stage 1: Choose the court to request issue.

• Up to £600 > Must use County Court
• £600 - £5000 > Can either use County or High
• £5000 + > Must use High Court

Stage 2: Request issue of the correct document….

• To apply to HC, request issue of a Writ of Control
• To apply to CC, request issue of a Warrant of Control

Stage 3: Give notice to the debtor of enforcement. The EO will write to the debtor at least 7 clear days before taking control of any goods. The EO then has 12 months from that date to take control.

Stage 4: The EO may use reasonable force to enter premises but they must not do so before 6am, after 9pm or when children or vulnerable persons are present. Once entry has occurred, they may secure goods on the premises or highway + remove goods for sale. Alternatively, the EO can enter into a controlled goods agreement

Stage 5: Unless the debtor pays, the goods must be sold by the EO at best price that can reasonably be obtained, usually by public auction. Any surplus is paid to debtor.

Question 31

TGV can be used against most goods. However, what assets are exempt and cannot be seized and sold?

Answer 31

• Tools of their trade up to an aggregate value of £1,350
• Basic domestic items such as clothing, bedding, furniture and essential household items

Question 32

What is a Third Party Debt Order?

Answer 32

It allows creditors to intercept funds owed to the debtor by a third party (e.g., bank account funds) before the debtor receives them.

The court may make an order requiring the third party (e.g. the bank) to pay the creditor some or all of the debt in satisfaction of the judgment debt.

Application use Form N 349

Question 33

What is a Charging Order?

Answer 33

A charge placed on the debtor’s land or specified assets, remaining until the property is sold.

The process includes interim and final orders, with an option to apply for sale.

Question 34

What is an Attachment of Earnings Order?

Answer 34

Available only in the County Court, it deducts debt from the debtor’s salary and pays it into court for the creditor.

Question 35

What are Insolvency Proceedings?

Answer 35

A petition for bankruptcy against an individual when the judgment debt is more than £5,000

A petition to wind up a company can be issued where the judgment debt is more than £750

Question 36

When will the appeal court allow an appeal?

Answer 36

The appeal court allows an appeal if the lower court decision was wrong or unjust due to serious irregularity.

Question 37

What are Grounds of Appeal for Wrong Decisions?

Answer 37

A decision can be wrong due to an
(i) error in law;
(ii) error in fact;
(iii) error in exercise of court discretion.

Question 38

What are Grounds of Appeal for Unjust Decisions?

Answer 38

The irregularity must be ‘serious’ and have caused the lower decision to be unjust. For example, a party not being given a chance to make submissions, or the handling of evidence.

Question 39

What is the purpose of the Permission to Appeal stage?

Answer 39

Before the appeal court reviews grounds, the appellant must obtain permission either from the lower court immediately or the appeal court later.

Question 40

If a party apply for permission from the lower court when the decision was made, how does this work?

Answer 40

This is done orally, parties are already before the judge.

Importantly, it doesn’t prevent a later ‘route 2’ application

Question 41

How to make an appeal application to an appeal court later?

Answer 41

• Done in writing using Form N161
• Usually no hearing
• This can be pursued even if applied unsuccessfully to lower court at the time of the judgment.

Where the appeal court is the Court of Appeal…
* Paper application unless judge considers an oral hearing necessary to decide permission
* Any oral hearing will be listed within 14 days

Where the appeal court is the High Court or County Court…..

• If the appeal court refuses the paper application, the appellant may request, within 7 days, that the decision be reconsidered at an oral hearing
• If permission is refused at the oral hearing, no appeal is possible

Question 42

When must an appeal application be made by?

Answer 42

An appeal must be made within 21 days of the date of the lower court’s decision using Form N161

Question 43

What is the test for granting permission to appeal?

Answer 43

The appeal would have a real prospect of success and the appeal raises an important point of principle or practice; or

There is some other compelling reason why it should be heard

Question 44

Can a mediator advise once a settlement has been agreed? For example, how to record such a settlement?

Answer 44

Yes

It is the responsibility of the mediator to ensure that the parties understand the terms of the agreement which they have reached at any mediation of the dispute and that they consent to it.

The mediator may give advice on how the agreement can be formalised and made enforceable.

Question 45

What happens if a party fails to file their directions questionnaire?

Answer 45

The court will serve a notice on the party that has failed to provide the DQ requiring them to file the directions questionnaire within seven days failing which the statement of case may be struck out.

Question 46

What are the values that determine the court you apply for a Taking of Control Order?

Answer 46

• Up to £600 > Must use County Court
• £600 - £5000 > Can either use County or High
• £5000 + > Must use High Court

Question 47

What type of ‘order’ will you get for Taking of Control in (a) the High Court; and (b) The County Court

Answer 47

• To apply to HC, request issue of a Writ of Control
• To apply to CC, request issue of a Warrant of Control

Question 48

What is the notice period for giving notice to a debtor before taking control of goods?

Answer 48

The EO will write to the debtor at least 7 clear days before taking control of any goods.

The EO then has 12 months from that date to take control.

Question 49

When can an enforcement officer use reasonable force to enter a premises following 7 days notice of receipt of a Taking of Control of Goods Order?

Answer 49

They must not do so before 6am, after 9pm or when children or vulnerable persons are present.

Once entry has occurred, they may secure goods on the premises or highway + remove goods for sale. Alternatively, the EO can enter into a controlled goods agreement

Question 50

How can a judgment obtained in England or Wales be enforced in the jurisdiction of Scotland or Northern Ireland?

Answer 50

Apply without notice for a certified copy of the judgment but with evidence in support and then apply for the judgment to be registered.

Then obtain a certificate of money provisions under the Civil Jurisdiction and Judgments Act 1982

Question 51

Can a witness in a civil trial amplify their statement?

Answer 51

Permission of the court must be sought in relation to the new matters and a good reason must be provided.

Question 52

If a claimant doesn’t ttend court, what may the defence apply for?

Answer 52

That the court strike out the claim and any defence to counterclaim

Question 53

What is the notice period for a witness summons?

Answer 53

The witness summons is binding if it is served seven days before the trial

Question 54

With a witness statement, must the witness attend for the whole trial?

Answer 54

The witness must attend the trial on the first day and may not be released until the end, unless specified otherwise by the court.

Question 55

Can the court proceed in the absence of a party (e.g. a claimant or litigant in person defendant) and if so, what can the party absent do?

Answer 55

Yes, the court is entitled to proceed in the absence of a party.

If judgment is entered for the other party, they may a to have the judgment set aside which may be allowed if he applies promptly, shows a good reason for not attending the trial and has a reasonable prospect of success at trial.

Question 56

When must notice be served on a party to prove the document at trial (e.g. the authenticity)?

Answer 56

The notice must be served within seven days of disclosure of the document or the latest date for serving witness statements, whichever is later

Otherwise a party shall be deemed to admit the authenticity of the document which has been disclosed

Question 57

Can a solicitor engage in witness coaching?

Answer 57

No

Suggesting specific phrases and advising on responses that change the substance of the witness’s evidence constitutes witness coaching, which is a breach of professional duty and risks influencing the witness’s evidence.

Question 58

If a solicitor fails to file an application to appeal within the timeframe, what can they do>

Answer 58

File the appellant’s notice including an application to extend the time limit, including reasons for the delay and steps taken since the decision.