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Past Papers > SEPT 21 PAPER 1 > Flashcards

SEPT 21 PAPER 1 Flashcards

1
Q

You are instructed to serve an Ordinary Cause Initial Writ for payment of £20,000 on an individual, what forms would be attached to the Initial Writ at time of service?

A

03
05
07

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2
Q

Give 4 examples of when a Time to Pay direction would not be competent

A

When the action is seeking >25K
When the defender is a LTD company
When in pursuance of:
•council tax
•non domestic rates
•car tax
•HMRC
•Maintenance

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3
Q

What is the fee for lodging a Notice of Intention to defend in an Ordinary Cause action for Payment?

A

£138

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4
Q

What is the fee for lodging a Notice of Intention to defend in an Ordinary Cause Action in the all-Scotland Personal Injury Court?

A

£237

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5
Q

Name all items to be included in the inventory of productions when applying for your first commission

A

Copy of Birth certificate
2 character references
Certificate confirming 3 year training period
Certificate from SMASO confirming passing exam

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6
Q

How would you serve a summons for recovery on an unnamed person in occupation of heritable property without right or title to possess the property where there is a building?

A

Depositing or affixing

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7
Q

How would you serve a summons for recovery on an unnamed person in occupation of heritable property without right or title to possess the property where there is land only?

A

Inserting stakes into the ground in conspicuous places in a clear folder

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8
Q

In an Ordinary Cause family action what form would be used where the court is looking for the views of a child?

A

F9

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9
Q

In relation to a Scottish Secure Tenancy, what act governs the maximum period from the date of decree when an ejection must take place and what is the period?

A

The Scottish Secure Tenancies (Repossession Orders) (Maximum Period Order) 2012

6 months

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10
Q

In a Simple Procedure action what is the period of notice for citing a witness?

A

3 weeks

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11
Q

In a Simple Procedure action when taking evidence from a child or vulnerable witness give two special measures that can take place

A

Evidence taken in disclosed location

Child’s parents present

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12
Q

What is the period of notice of a Charge for Removing where the defenders address is not known when proceeding upon a first-tier tribunal for Scotland order for eviction?

A

14 days

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13
Q

What is the period of notice of a Motion in an Ordinary Cause action?

A

7 days

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14
Q

Where can and where cannot an auction of attached articles take place

A

Can take place at public auction

Can’t take place inside the debtors dwelling house

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15
Q

When executing an arrestment in execution upon a Simple Procedure decision, in what circumstances shall the protected minimum balance take effect?

A

When the debtor is an individual

Where funds are somewhere other than a financial institution

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16
Q

There are 4 circumstances which prohibit automatic release of arrested funds by the arrestee to the creditor, name 3

A

Restricted
Recalled
Action for multiplepoinding is raised
Defence applies for unduly harsh release

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17
Q

In relation to the Sheriff Officer fees which piece of legislation introduced the current level of fees chargeable?

A

Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) (Amendment) 2021

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18
Q

In relation to the Sheriff Officer fees where would you locate the rules regarding additional charges for service outwith normal business hours?

A

Act of Sederunt (Fees of Sheriff Officers) (no2) 2002

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19
Q

What is your authority for citing a witness where the claimant is citing a witness to a Simple Procedure hearing?

A

Proof of claim being registered

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20
Q

What is your authority for citing a witness where the pursuer is citing for an Ordinary Cause proof?

A

Interlocutor allowing proof

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21
Q

What is your authority for citing a witness where the defence is citing to a Summary Complaint trial?

A

Service copy of the summons

22
Q

In respect of unpaid child support, in addition to enforcing payment, what other 3 punishments can be sought?

A

Disqualification from driving
Imprisonment
Being unable to hold/obtain a UK passport

23
Q

You are asked to effect postal service of an Ordinary Cause Initial Writ. Assuming service is effected today what date would you insert as the expiry of the period of notice on Form 07?

A

3 weeks beginning from the date after posting

24
Q

You effect service of an inhibition on the dependence proceeding on an interlocutor granted at Glasgow Sheriff Court upon a defender resident in Kirkcaldy. The heritable property owned by the defender is situated in Arbroath. Where would the inhibition on the Dependence be registered?

A

Arbroath

25
Q

Where a creditor has acquired by assignation a right to a decree, with reference to authority, what must be done so the creditor can pursue diligence in their own name?

A
26
Q

The client had obtained an initial writ with warrant to serve on the walls of court. With reference to authority, how would this be carried out?

A

Act of Sederunt (Ordinary Cause Rules) 1993
Served on the Sheriff Clerk who will display on WOC and issue Sheriff Officer with certificate

27
Q

What is the current period for a moratorium on diligence, how many applications can a debtor make and how can an officer check if a debtor is subject to a moratorium?

A

6 months

1 in a rolling 12 month period

Checking the moratorium register

28
Q

What entitled Sheriff Officers to effect service of a Notice to Quit?

A

Act of Sederunt (Messenger-at-arms and Sheriff Officer Rules) 1991

29
Q

You are based in Glasgow, you are asked to serve Private Residence Tenancy Notices to Leave upon 3 individuals who live in 3 separate dwelling places on the Isle of Arran. With reference to the rules what charges are applicable?

A

Act of Sederunt (Fees of Sheriff Officers) (no2) 2002

Charge for serving 3 notices
Cost of ferry
Time units (30 minute units for Officer and witness)
+30% of the cost for service for remote service

30
Q

By what method Is an application for a commission as a Sheriff Officer made? In which legislation would you locate the form used and to whom is such an application made?

A

Summary Application

Act of Sederunt (Messenger-at-arms and Sheriff Officer Rules) 1991

Sheriff Principal of Sheriffdom where seeking commission

31
Q

In relation to Ordinary Cause actions what is the form number and rule for an Inhibition on the Dependence

A

schedule 1
Diligence (Scotland) Regulations 2009

32
Q

In relation to Ordinary Cause actions what is the form number and rule for a money attachment schedule

A

1
Act of Sederunt (Money Attachment Rules) 2009

33
Q

In relation to Ordinary Cause actions what is the form number and rule for a schedule or arrestment on the dependence?

A

G4B

Act of Sederunt (Ordinary Cause Rules) 1993

34
Q

What is the form for ‘confirmation of formal service’ and how soon should it be returned to the Sheriff Clerk?

A

6C

Returned within 1 week

35
Q

Who is the Lord Advocate?

A

Dorothy Bain

36
Q

Who is the Solicitor General?

A

Ruth Charteris

37
Q

Who is the Lord Lyon?

A

Joseph Morrow

38
Q

Who is the advocate general?

A

Keith Stewart QC

39
Q

What is a charge for removing, which legislation introduced it and in what legislation do you find the form for Charge for Removing?

A

Document charging persons to remove themselves from a property

Introduced by Bankruptcy and Diligence etc (Scotland) Act 2007

Removing from Heritable Property (Form of Charge) (Scotland) (Regulations) 2011

40
Q

What forum or court has jurisdiction over an action to recover possession of a residential property from a tenant?

A

Sheriff Court/ HPC

41
Q

With specific questions regards to a petition for sequestration within what timescales must they receive a charge, a DAIP and a copy of the petition/warrant to cite?

A

CHARGE within last 4 months
DAIP within last 12 weeks
PETITION/WARRANT not less than 6 days before and not more than 14 days before the hearing date

42
Q

What is a G10

A

Solicitor ceasing to act on a party’s behalf

43
Q

What is a G6

A

Motion

44
Q

What is a form 1A.2

A

Statement by the representative of a pursuer or defender

45
Q

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

A

£5,000

46
Q

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

A

8 days

47
Q

In what 2 instances is civil imprisonment still available?

A

In connection with unpaid maintenance

Not adhearing to a decree ad factum praestandum

48
Q

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

A

Earnings arrestment

49
Q

On what days and what times is it not competent to carry out an ejection?

A

Sundays

Public holidays

<8am and >8pm

50
Q

What 4 categories comprise the formal sources of Scots Law?

A

Legislation
President
Academic writing
Common law

51
Q

Name 6 types of action that can be raised in the Ordinary Cause

A

Action for payment

Action for delivery

Decree Ad Factum Praestandum

Admirality Action

Family Action

Action of Furthcoming

Action of count reckoning and payment

52
Q

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

A

Inhibition

Past Papers (8 decks)

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