Trial, appeals and enforcement of money judgements

Question 1

What can a party do if it is concerned that a witness may not attend court?

Answer 1

Make an application for the witness to be summoned

Question 2

What is the purpose of a pre-trial hearing?

Answer 2

For the court to consider whether the matter is ready for trial, to ensure all directions have been complied with and to check whether any additional directions are necessary

Question 3

What are the grounds for appealing a judgement?

Answer 3

The decision was wrong due to fact or law, or the decision was unjust due to procedural irregularities

Question 4

The court will enforce a judgement given in a party’s favour on its own motion. True or false?

Answer 4

False - a party must make a separate application to enforce

Question 4

When would an application for an attachment of earnings order be appropriate to enforce a money judgement?

Answer 4

When a defendant is in employment and there is no imminent risk that they will lose their job

Question 4

What does a witness summons need to be served with for it to be valid?

Answer 4

An offer to pay for the witness’s expenses to attend court

Question 5

When must a trial bundle be filed?

Answer 5

Within 7 to 3 days before the trial.

Question 6

How long to seek permission to appeal?

Answer 6

21 days of the original decision in the county and high court, or 28 days if decision was in court of appeal

Question 7

Where to appeal a decision made by a district judge in the county court?

Answer 7

Appeal to a circuit judge in the county court

Question 8

Does a court automatically enforce a judgement?

Answer 8

No, the claimant must apply to the court for an order to enforce

Question 9

What are taking control of goods orders?

Answer 9

Where defendant’s assets are seized then sold. If in the high court, claimant must apply for a writ of control, and in the county court for a warrant of control. Debts less than £600 to county court, more than £5000 to high court, in between either.

Question 10

What are third party debt orders?

Answer 10

An order made against a third party such as a bank. E.g. bank savings to be paid to claimant. If the bank account is shared with another person such as a spouse, the court cannot make a third party debt order.

Question 11

What are charging orders?

Answer 11

Secures the amount of the judgement against land held by the defendant. When land is sold, proceeds will be paid to claimant. Only suitable when the land does not have multiple charges registered against it.

Question 12

What are attachment of earnings orders?

Answer 12

Only available through county court and only applicable where defendant is employed (not self employed). Requires defendant to pay the claimant a part of their wages.

Question 13

A claimant is bringing a small claim against a defendant for breach of contract, with the damages claimed being valued at £44,000. The
claimant has obtained a witness statement from a key witness but is aware of a rumour that the witness is not going to attend trial.

Which of the following best describes the claimant’s position?

A. The claimant should apply to the court for a witness summons with an offer to pay the witness’s expenses for attending trial and to
reimburse them for any money lost for missing work.

B. The claimant should apply to the court for a witness summons, which will require the witness to attend court. If the witness claims
lost expenses after the trial, the claimant should reimburse the witness for those.

C. The claimant should apply to the court for a witness summons, which will require the witness to attend court. If the witness claims
lost expenses after the trial, the claimant is under no obligation to reimburse them.

D. The claimant should apply to the court for a witness summons, which will require the witness to attend court. If the witness does not
attend, the claimant cannot do anything about this.

E. The claimant should apply to the court for a witness summons, which will require the witness to attend court. If the witness does not
attend, the witness could face penalties for failing to do so.

Answer 13

A. The claimant should apply to the court for a witness summons with an offer to pay the witness’s expenses for attending trial and to
reimburse them for any money lost for missing work.

Question 14

A trial is listed to take place between a claimant and a defendant in 21 days. The claimant has prepared all of the documentation on
which they intend to rely at trial for the trial bundle.

Which of the following best describes what the claimant should do next?

A. The claimant should incorporate all documents on which they intend to rely at trial into a trial bundle and file the bundle with the
court no later than three days and no earlier than seven days before the trial.

B. The claimant should contact the defendant to agree which documents the defendant would like included in the trial bundle,
incorporate them into the bundle, and file the bundle with the court immediately.

C. The claimant should incorporate all documents on which they intend to rely at trial into a trial bundle and file the bundle with the
court immediately.

D. The claimant should contact the defendant to agree which documents the defendant would like included in the trial bundle, incorporate them into the bundle, and file the bundle with the court no later than seven days before the trial.

E. The claimant should contact the defendant to agree which documents the defendant would like included in the trial bundle,
incorporate them into the bundle, and file the bundle with the court no later than three days and no earlier than seven days before
the trial.

Answer 14

E. The claimant should contact the defendant to agree which documents the defendant would like included in the trial bundle,
incorporate them into the bundle, and file the bundle with the court no later than three days and no earlier than seven days before
the trial.

Question 15

A claimant is unsuccessful in their claim against a defendant in the County Court. The matter was heard by a District Judge. The
claimant disagrees with the decision made by the trial judge and wishes to appeal it.

Which of the following best describes how the claimant should proceed?

A. The claimant should appeal to the High Court to be heard by a District Judge within 21 days of the date of the judgment.

B. The claimant should appeal to the County Court to be heard by a Circuit Judge within 21 days of the date of the judgment.

C. The claimant should appeal to the High Court to be heard by a High Court Judge within 28 days of the date of the judgment.

D. The claimant should appeal to the County Court to be heard by a Circuit Judge within 28 days of the date of the judgment.

E. The claimant should appeal to the County Court to be heard by a High Court Judge within 21 days of the date of the judgment.

Answer 15

B. The claimant should appeal to the County Court to be heard by a Circuit Judge within 21 days of the date of the judgment.

Question 16

A claimant is successful in a breach of contract claim against a self-employed defendant valued at £4,000. The defendant fails to settle
the judgment debt within the time frame ordered by the court. Following an order to obtain information, the defendant discloses that
they own property worth £140,000, which has a single charge with £25,000 outstanding on it, and two bank accounts in their sole name
- one containing £6,750 and the other containing £500.

Which of the following is the best way for the claimant to proceed with enforcing the debt?

A. The claimant should apply for an attachment of earnings order.

B. The claimant should apply for a third-party debt order against the defendant’s two bank accounts.

C. The claimant should apply for a third-party debt order against the defendant’s bank account that contains £6,750.

D. The claimant should apply for a charging order against the defendant’s property.

E. The claimant should apply for a taking control of goods order.

Answer 16

C. The claimant should apply for a third-party debt order against the defendant’s bank account that contains £6,750.

Question 17

A claimant company is successful in a breach of contract claim against a defendant in the sum of £68,000. The defendant fails to settle
the judgment debt within the time frame ordered by the court.

Which of the following represents the best way for the claimant company to proceed?

A. The claimant company should write to the defendant demanding payment from the defendant within 14 days, failing which an
application for a taking control of goods order should be made to the court.

B. The claimant company should write to the defendant requesting details of the defendant’s assets, income and liabilities.

C. The claimant company should make an application to the court for an order to obtain information from the defendant.

D. The claimant company should write to the defendant demanding payment from the defendant within 14 days, failing which an
application for an attachment of earnings order should be made to the court.

E. The claimant company should write to the defendant demanding that the defendant provides details of their assets, income and
liabilities within 14 days, failing which an application for a taking control of goods order should be made to the court.

Answer 17

C. The claimant company should make an application to the court for an order to obtain information from the defendant.