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Past Papers > MARCH 22 PAPER 1 > Flashcards

MARCH 22 PAPER 1 Flashcards

1
Q

What is the form used when applying for an eviction order from the first tier tribunal for Scotland, Housing and Property Chamber?

A

E

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2
Q

In terms of which act and by what method of proceedings raised In Scotland, to recover possession of a residential property from an individual, which is subject to a standard security?

A

Conveyancing and Feudal Reform (Scotland) Act 1970

Summary application

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3
Q

In respect of a summary cause decree for ejection, can an ejection take place on January 2nd at 10am?

A

No

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4
Q

In respect of a summary cause decree for ejection, can an ejection take place on A Saturday at 7pm?

A

Yes

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5
Q

In respect of a summary cause decree for ejection, can an ejection take place on A Wednesday at 7am?

A

No

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6
Q

In respect of a summary cause decree for ejection, can an ejection take place on a Sunday at 9am?

A

No

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7
Q

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a trust?

A

Yes

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8
Q

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a limited liability partnership?

A

No

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9
Q

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a public limited company?

A

No

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10
Q

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a dissolved partnership?

A

Yes

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11
Q

What does a form 3B relate to?

A

Simple procedure additional claimant

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12
Q

What does an ordinary cause form G10 relate to?

A

Solicitor ceasing to act on behalf of a party

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13
Q

What does a Summary application form 7 relate to?

A

Certificate of service

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14
Q

How is service of an inhibition on the dependence in an ordinary cause action effected where the whereabouts of the debtor (an individual) are not known?

A

A copy is left or deposited at the sheriff clerks office in the sheriffdom where the debtor was last known to reside

A postal copy is then sent the the debtors last known address by 1st class post

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15
Q

When serving an arrestment on the dependence in simple procedure what should you also be mindful of and what time limit applies?

A

Returning the confirmation of formal service to the court within 1 week of service

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16
Q

What diligences are authorised by the warrant for all lawful execution contained within a simple procedure decision form?

A

Arrestment in execution
charge
inhibition

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17
Q

Can a creditor recover interest from a debtor who has a time to pay direction in place ordering payment by instalments?

A

Yes
They must serve notice on the debtor before the date when the last instalment is payable

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18
Q

What is the amount of protected minimum balance of an arrestment served with a high street bank, where the debtor is a partnership?

A

£0

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19
Q

What is the amount of protected minimum balance of an arrestment served with a building society, where the debtor is an individual?

A

£1000

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20
Q

What is the amount of protected minimum balance of an arrestment served with a construction company, where the debtor is an individual contractor?

A

£0

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21
Q

Where a defender receives an ordinary cause initial writ claiming £23,000 what three options are open to the defender?

A

Pay
Apply for time to pay
Defend

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22
Q

What type of debts fall within an application for a time order?

A

Consumer contracts
Consumer credit debts

23
Q

What is a counterclaim?

A

When a defender responds to an action from another party with a claim against them also, in relation to the same matter

24
Q

What is a decree in foro?

A

A decree decided in appearance instead of in absence

25
Q

Which rules govern child protection orders?

A

Act of Sederunt (Child Care and Maintenance Rules) 1997

26
Q

When would you prepare a form F23?

A

Divorce with no cohabitation for 2 years

27
Q

When would you prepare a form F24?

A

Separation with no cohabitation for 2years

28
Q

Name 6 types of action that can be raised in the sheriff court

A

Ad factum praestandum
Count reckoning and payment
Furthcoming
Family actions
Admirality actions
Multiple poinding
Payment

29
Q

When a simple procedure document is being served by post what is the wording on the envelope?

A

THIS ENVELOPE CONTAINS A SIMPLE PROCEDURE CLAIM FORM FROM (name of court). IF DELIVERY CANNOT BE MADE THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (full court address)

30
Q

When proceeding to execute an attachment, what procedure would a sheriff officer follow prior to executing the attachment?

A

Show everyone present a copy of the warrant and charge execution

Demand payment

Make enquiries as to the ownership of articles

31
Q

Within what period must an initial writ be served after the execution of an interim attachment?

A

21 days

32
Q

With reference to the authority, specify which articles are exempt from attachment

A

Debt arrangement and attachment (Scotland) Act 2002

Articles within dwelling place
Money
Motor/mobile home which is debtors primary residence
Vehicles under value of 3k reasonably required by the debtor

33
Q

Stating your authority what has recently replaced the requirement for intimation on walls of court?

A

The Coronavirus (recovery and reform)(Scotland) act 2022

Allowing sending documents to the court via email for display on the SCTS website

34
Q

What is the form for a simple procedure decision form and when does warrant for all lawful execution become active hereon?

A

13A
28 days after the date sent

35
Q

In which legislation would you locate the form used for statutory demand for payment of debt?

A

Bankruptcy (Scotland) Regulations 2016

36
Q

In ordinary cause procedure what is the form number and rule for a witness citation

A

G13
Act of Sederunt Ordinary Cause Rules 1993

37
Q

In ordinary cause procedure what is the form number and rule for a money attachment?

A

1
Act of Sederunt (Money Attachment Rules) 2009

38
Q

In ordinary cause procedure what is the form number and rule for a schedule of arrestment on the dependence?

A

G4B
Act of Sederunt (Ordinary Cause Rules) 1993

39
Q

In ordinary cause procedure what is the form number and rule for an attachment schedule?

A

4
Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

40
Q

In what circumstances can a charge to pay be served on the sheriff clerk and what are the clerks responsibilities thereafter?

A

Where a debtors whereabouts are not known

They must endorse a copy and return it to the sheriff officer

41
Q

What legislation governs the fees applicable for sheriff officer service and what is the current applicable fee for a charge for payment for a sheriff court decree of £800 for one person at one address?

A

Act of Sederunt (Fees of Sheriff Officers) (No2) 2002

£55.14

42
Q

Can a charge for payment be served on partners not named on a decree?

A

Yes

43
Q

What are the number of days of charge on a charge for removing where the defenders whereabouts are unknown?

A

14 days

44
Q

What is the minimum amount that a creditor can petition for the sequestration of an individual?

A

£5,000

45
Q

What is the period of notice on a petition for sequestration?

A

Not less than 6 days and not more than 14 days before the hearing

46
Q

What is the period of notice on a petition to wind up a limited company?

A

8 days

47
Q

What commonly used diligence is not available when enforcing a liability order for child support?

A

Earnings arrestment

48
Q

What form would you use for a certificate of intimation of a minute and within what period must it be lodged in court?

A

G8
5 days

49
Q

What diligence can still be executed while a time to pay direction is in effect?

A

Inhibition

50
Q

What is the judicial rate of interest?

A

8%

51
Q

How long does a charge for payment last?

A

2 years

52
Q

Is the fee for a previously executed arrestment recoverable from a subsequent earnings arrestment?

A

No

53
Q

In the sheriff court what are the three potential results or outcomes of an action?

A

Decree
Dismissal
Absolvitor

54
Q

You are instructed today to serve a notice to leave with regards to a private residential tenancy on the basis that there are rent arrears, what is the period for said notice?

A

28 days

Past Papers (8 decks)

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