DR 13 - Trial, enforcement and appeals Flashcards
What is the purpose of the Pre-Trial Checklist?
Ensures compliance with case management directions, checks readiness for trial, and allows the court to issue any additional directions needed.
When is the Pre-Trial Checklist exchanged and filed?
At least 14 days before filing, ideally 8 weeks before trial.
What happens after filing the Pre-Trial Checklist?
The court may issue additional directions, including:
* Confirming the trial date.
* Setting the trial location and length.
* Managing expert and witness evidence.
What are the key documents required for trial preparation?
- Trial Bundle (filed 3-7 days before trial).
- Reading List (High Court cases only).
- Skeleton Argument (High Court cases only).
- Authorities and Case Summary (submitted by 5pm the day before trial).
Who prepares the trial bundle?
The claimant (unless agreed otherwise).
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 legal representatives address the judge?
Indirectly, e.g., ‘Has Your Honour considered…?’
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).
Can the parties see the judgment before it is handed down?
Yes, draft judgments are often circulated for error-checking.
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.
What enforcement method can be used 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.
Is permission always required for appeals?
Yes, except for limited exceptions.
What are the two tests for granting permission?
1️⃣ First appeal: Real prospect of success OR a compelling reason.
2️⃣ Second appeal: Raises an important issue of law/practice OR a compelling reason.
How long does a party have to appeal?
21 days from the decision date (unless extended).
Where do appeals go?
- County Court District Judge → Circuit Judge.
- County Court Circuit Judge → High Court Judge.
- High Court Judge → Court of Appeal.
What can the appeal court do?
- Affirm (keep) the decision.
- Set aside (cancel) the decision.
- Vary the decision.
- Order a new trial/hearing.
- Award costs and interest.
