DR 13 - Trial, enforcement and appeals Flashcards
How can a party secure the attendance of a reluctant witness?
By issuing a witness summons (Form N20).
When should a witness summons be used?
When a witness refuses to attend or has other commitments that may prevent their attendance.
How should opponents be addressed?
- Barristers: ‘My learned friend’.
- Solicitors: ‘My friend’.
What are the stages of trial proceedings?
1️⃣ Claimant’s Opening Speech – Outlines the claim and key issues.
2️⃣ Claimant’s Case – Witness evidence, cross-examination, and re-examination.
3️⃣ Defendant’s Case – Similar process as the claimant’s case.
4️⃣ Closing Speeches – Defendant first, then claimant.
What are the different types of orders?
- Judgments and Final Orders – Conclude the case.
- Interim Orders – Issued before trial, e.g., payment orders.
- Consent Orders – Record a settlement.
When does a judgment take effect?
From the date it is given, unless the court specifies otherwise.
When is judgment delivered?
- Immediately after trial, or
- Reserved for later (judge may invite views on how it should be handed down).
When is a disposal hearing used?
When liability is established but the level of damages/quantum needs assessment.
What steps are taken before enforcing a judgment?
- Company search (Companies House).
- Land Registry search (property ownership & charges).
- Enquiry agents (private investigators).
What registers can be searched to assess a debtor’s financial status?
- Land Charges Registry (property charges).
- Individual Insolvency Register (bankruptcy/IVAs).
- Attachment of Earnings Index (existing orders against a debtor).
- Register of Judgments, Orders and Fines (unsatisfied judgments).
How can an English judgment be enforced abroad?
- Reciprocal treaties (e.g., Hague Convention).
- Common law (requires obtaining a new judgment in the foreign court).
How is a foreign judgment enforced in England?
The foreign judgment is treated as a debt, and the creditor applies to an English court for enforcement.
What is Taking Control of Goods (TCG)?
An enforcement officer (EO) seizes and sells the debtor’s goods to recover a debt.
What are the three stages of TCG?
1️⃣ Notice to debtor (at least 7 days’ notice).
2️⃣ Entry & securing goods (may use reasonable force, but with restrictions).
3️⃣ Sale of goods (usually by public auction).
What are exempt goods from TCG?
- Tools of trade (up to £1,350).
- Basic household necessities.
When is a Third-Party Debt Order used?
When the debtor has money in a bank account or is owed money by someone else.
What is the key procedure for a TPDO?
1️⃣ Interim order (prevents third party from paying debtor).
2️⃣ Hearing (court decides whether to make a final order).
What does a charging order do?
Secures the debt against land or securities but does not immediately recover money.
What can a creditor do after obtaining a charging order?
Apply for an order for sale to force the sale of the property.
What is an Attachment of Earnings Order?
An order requiring a debtor’s employer to deduct money from their wages to pay a debt.
What happens if the debtor changes jobs?
The order stops, and the creditor must apply again.
Insolvency proceedings against individuals - £?
Bankruptcy petition (if debt is £5,000+).
What enforcement method can be used against companies?
Winding-up petition (if debt is £750+).
What are the two main grounds for appeal?
1️⃣ The decision was wrong (error of law/fact/discretion).
2️⃣ The decision was unjust due to a serious procedural irregularity.
