SEPT 21 PAPER 1 Flashcards
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?
03
05
07
Give 4 examples of when a Time to Pay direction would not be competent
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
What is the fee for lodging a Notice of Intention to defend in an Ordinary Cause action for Payment?
£138
What is the fee for lodging a Notice of Intention to defend in an Ordinary Cause Action in the all-Scotland Personal Injury Court?
£237
Name all items to be included in the inventory of productions when applying for your first commission
Copy of Birth certificate
2 character references
Certificate confirming 3 year training period
Certificate from SMASO confirming passing exam
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?
Depositing or affixing
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?
Inserting stakes into the ground in conspicuous places in a clear folder
In an Ordinary Cause family action what form would be used where the court is looking for the views of a child?
F9
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?
The Scottish Secure Tenancies (Repossession Orders) (Maximum Period Order) 2012
6 months
In a Simple Procedure action what is the period of notice for citing a witness?
3 weeks
In a Simple Procedure action when taking evidence from a child or vulnerable witness give two special measures that can take place
Evidence taken in disclosed location
Child’s parents present
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?
14 days
What is the period of notice of a Motion in an Ordinary Cause action?
7 days
Where can and where cannot an auction of attached articles take place
Can take place at public auction
Can’t take place inside the debtors dwelling house
When executing an arrestment in execution upon a Simple Procedure decision, in what circumstances shall the protected minimum balance take effect?
When the debtor is an individual
Where funds are somewhere other than a financial institution
There are 4 circumstances which prohibit automatic release of arrested funds by the arrestee to the creditor, name 3
Restricted
Recalled
Action for multiplepoinding is raised
Defence applies for unduly harsh release
In relation to the Sheriff Officer fees which piece of legislation introduced the current level of fees chargeable?
Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) (Amendment) 2021
In relation to the Sheriff Officer fees where would you locate the rules regarding additional charges for service outwith normal business hours?
Act of Sederunt (Fees of Sheriff Officers) (no2) 2002
What is your authority for citing a witness where the claimant is citing a witness to a Simple Procedure hearing?
Proof of claim being registered
What is your authority for citing a witness where the pursuer is citing for an Ordinary Cause proof?
Interlocutor allowing proof
What is your authority for citing a witness where the defence is citing to a Summary Complaint trial?
Service copy of the summons
In respect of unpaid child support, in addition to enforcing payment, what other 3 punishments can be sought?
Disqualification from driving
Imprisonment
Being unable to hold/obtain a UK passport
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?
3 weeks beginning from the date after posting
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?
Arbroath
