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Past Papers > SEPT 22 PAPER 1 > Flashcards

SEPT 22 PAPER 1 Flashcards

1
Q

What is the current level of protected minimum balance and where specifically would you locate this figure?

A

£1000
Coronavirus (Recovery and Reform) (Scotland) Act 2022

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2
Q

Can you execute an attachment of assets located on a debtors rooftop garden?

A

No

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3
Q

Can you execute an exceptional attachment order, after having given a weeks notice of your arrival to execute, only the debtors 14 year old daughter is present

A

Yes

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4
Q

Can you execute a money attachment where the money is located in a private residential flat above a takeaway?

A

No

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5
Q

Can you execute an ejection on Christmas Eve?

A

Yes

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6
Q

When serving a charge for payment on summary warrant by leaving with a resident at the debtors dwelling place, what is the minimum age the person accepting service must be and in terms of which act?

A

16
Age of legal capacity (Scotland) Act 1991

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7
Q

What would you have served if the certificate of service you prepare is in form DA2?

A

Domestic abuse interdict

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8
Q

Other than a warrant of citation containing authority for diligence on the dependence, name 2 other warrants of citation that can only be signed by the sheriff?

A

Arrestment to found jurisdiction

Shortening/extending the period of notice

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9
Q

In the table of fees what surcharge may be levied in serving an initial writ where the value of the action is over £100,000?

A

Additional 0.01% of the value of the action

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10
Q

In the table of fees what surcharge may be levied in remote rural service?

A

Additional 30% of the fee for executing service

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11
Q

What are the modes of service when citing the unnamed occupier of a shop unit in an ordinary cause action?

A

Depositing

Affixing

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12
Q

In what circumstances would a form G10 be served and what must be served along with it?

A

When a solicitor ceases to act for a party

A copy of the interlocutor detailing the hearing date

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13
Q

What are the days of charge when serving a charge for payment where the defender resides in Dublin?

A

28 days

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14
Q

What are the days of charge when serving a charge for removing where the defenders whereabouts are unknown?

A

14 days

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15
Q

Give four examples of when a time to pay direction is not competent

A

Action is seeking more than £25,000

Defender is a Ltd company

When in relation to HMRC actions

When I’m relation to rates/council tax

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16
Q

Give four examples of a person who cannot hold a position of sheriff officer

A

Housing factor

Auctioneer

Member of the law society of Scotland

Police officer

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17
Q

Within what period can a debtor redeem articles after the execution of an attachment located outwith a dwelling place and what procedure must follow?

A

14 days

Release of attached articles, issuing a receipt and informing the court and pursuer

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18
Q

What is the period of notice for opposing a minute?

A

14 days

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19
Q

What is the period of notice for opposing a motion?

A

7 days

20
Q

What is the form for opposing a minute/motion?

A

G9

21
Q

How many days following the issuing of a warrant for a third party notice, in an ordinary cause action, must the notice be served?

A

14 days

22
Q

When would a creditor apply for a conjoined arrestment order and where would you find the form used?

A

When there are 2 types of the same arrestment in place

Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

23
Q

What is the society of messenger at arms and sheriff officers motto and what does it mean?

A

Obtember

To obey

24
Q

When executing a ship arrestment where would you attach the arrestment schedule and what else must be done other an the delivery of copies?

A

To the main mast

Chalk kings initials

25
Q

Can an inhibition be executed in pursuance of a summary warrant?

A

No

26
Q

What is the definition of a decree of absolvitor?

A

The court has found a party to not be liable and they can’t be pursued for the same matter again

27
Q

In respect of a statutory demand for payment for service on an individual, how is it served what is the form number and in what legislation is it located?

A

Personally

Form 5

Bankruptcy (Scotland) Regulations 2016

28
Q

A client has asked you to carry out the arrestment of a ship on the dependence of an action on a Sunday, is this permitted and what is your authority?

A

Yes

Act of Sederunt (Ordinary Cause Rules) 1993

29
Q

You have been asked to serve a charge for payment on an individual residing in Scotland. The value of the debt in the decision form is £1500. What rule of service would apply and what methods are available?

A

Act of Sederunt (Simple Procedure Rules) 2016

Personally
Leaving with a resident @ dwelling place or an employee @ place of business

Depositing @ residence or business
Leaving it in a place it is likely to come to the debtors attention (affixing)

Postal copy must be sent if depositing or affixing

30
Q

In relation to an ordinary cause action what is the form number and rule for a money attachment schedule?

A

Form 1

Act of Sederunt (Money Attachment Rules) 2009

31
Q

In relation to an ordinary cause action what is the form number and rule for a schedule of arrestment on the dependence?

A

G4B
Act of Sederunt (Ordinary Cause Rules) 1993

32
Q

How many hours of CPD must an officer complete annually and how is this split?

A

12 hours

8 group study and 4 private study

33
Q

Your client wishes you to serve an initial writ on the walls of court. The defenders whereabouts are unknown. Can this be done by sheriff officer?

A

No

34
Q

What is the period of a charge for removing on the defender and which legislation governs this?

A

14 days

Bankruptcy and Diligence etc (Scotland) Act 2007

35
Q

Under the simple procedure rules what are the terms for pursuer and defender?

A

Claimant and respondent

36
Q

You have been asked to serve an inhibition on an individual. In which statuary instrument would you find the form?

A

Diligence (Scotland) Regulations 2009

37
Q

What legislation enables a sheriff officer to proceed upon a warrant of citation which has no wet signature and has the printed name of the issuing courts officer?

A

Act of Sederunt (Electronic Authentication) 2016

38
Q

Who is the current lord president of the court of session?

A

Lord Carloway, Colin Sutherland

39
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 date

40
Q

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

A

8 days

41
Q

List two instances where civil imprisonment is still available

A

Wilfully not complying with a decree ad factum praestandum

In connection with failing to comply with a liability order

42
Q

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

A

Earnings arrestment

43
Q

Within what rules would you find the modes of service for citing a witness to a childrens panel hearing?

A

Act of Sederunt (child care and maintenance rules) 1997

44
Q

What is the prescriptive period of an arrestment in execution when automatic release is not applicable and from when does it run?

A

3 years
Beginning date when the arrestment schedule was served

45
Q

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

A

Inhibition

46
Q

What is the current judicial rate of interest?

A

8%

Past Papers (8 decks)

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