Trial, Appeals And Enforcement Of Money Judgements

Question 1

What is needed to accompany a witness summons for it to be valid?

Answer 1

An offer for the party requiring the witness’ attendance to compensate for expenses or lost of working time

Question 2

How long before the court date does a witness summons need to be served?

Answer 2

7 days

Question 3

What must parties complete and file before the trial?

Answer 3

A pre-trial checklist

Question 4

When does the pre-trial check list need to be filed by?

Answer 4

8 weeks prior to the trial

Question 5

Who is responsible for preparing the trial bundle?

Answer 5

The claimant and they must make sufficient copies for the court, all parties and all witnesses

Question 6

When must the trial bundle be filed with the court?

Answer 6

No earlier than 7 days before the trial but no later than 3 days before the trial

Question 7

What must the trial bundle contain?

Answer 7

All the documents relied upon by both of the parties

Question 8

In which order are the closing speeches?

Answer 8

Defendant will go first and then the claimant

Question 9

Is there an automatic right to appeal?

Answer 9

No, permission must be sought from the court

Question 10

When will permission to appeal be granted?

Answer 10

Where:
- the decision of the lower court was wrong; or
- the decision was unjust because of a serious procedural or other irregularity in proceedings

Question 11

What must the court consider when granting permission for appeal?

Answer 11

The court must consider that:
- the appeal has a real prospect of success; or
- there is some other compelling reason why the appeal should be heard

Question 12

What is the time limit for an application for permission to appeal?

Answer 12

Must be made within 21 days of the original decision if the decision was taken in the County Court or High court, 28 days if the decision was taken in the Court of Appeal

Question 13

If the appeal decision was made in the County Court by a District Judge where to appeal?

Answer 13

Circuit Judge in the County Court

Question 14

If the appeal decision was made in the County Court by a Circuit Judge where to appeal?

Answer 14

High court judge in the High Court

Question 15

If the appeal decision was made in the High Court by a Master/District Judge where to appeal?

Answer 15

High court judge in the High Court

Question 16

If the appeal decision was made in the High Court by a High Court judge where to appeal?

Answer 16

Court of Appeal

Question 17

What is enforcement?

Answer 17

The process in which a successful claimant can recover the amount due to them under a court order from a defendant who has failed to pay within the time specified by the court

Question 18

Does the court automatically enforce a judgment?

Answer 18

No, the claimant needs to make an application for an order forcing the defendant to pay

Question 19

What is oral examination/order to obtain information?

Answer 19

A way for a claimant to work out whether it is worthwhile taking enforcement action and if so what method of enforcement would be the most suitable against the specific defendant

Question 20

What are some of the methods of enforcement a claimant can choose from?

Answer 20

• taking control of goods orders
• third-party debt orders
• charging orders
• attachment of earnings orders

Question 21

What is a taking control of goods orders?

Answer 21

Allows a defendant’s goods or assets to be seized then sold at auction to pay the debt owed to the claimant. Only suitable if the defendant has own assets that are moveable and can be picked up by an enforcement officer and sold. The claimant must apply for a writ of control (high court - over £5000) or warrant of control (county court under £600) (either if in between)

Question 22

What is a third party debt order?

Answer 22

An order made against a third party, such as a bank or trade debtor, to pay the debt owed by the defendant. If the defendant had in their sole name savings that covered the amount the claimant could apply (cannot be a joint account)

Question 23

What is a charging order?

Answer 23

It effectively secures the amount of the judgment debt against land held by the defendant. If the claimant is granted a charging order this means when the defendant comes to sell the asset the judgment debt will be paid to the claimant out of the proceeds of sale

Question 24

What is an attachment of earnings order?

Answer 24

Only available through the county court and only applicable where the defendant is employed (not self-employed). If granted, it requires the defendant’s employer to pay a specific sum from the defendant’s wages directly to the court which then passes this to the claimant until the debt is paid