trial, appeals and enforcement (week 9)

Question 1

when is a pre-trial checklist sent to each party? (how many days before the due date for filing)?

Answer 1

sent to each party at least 14 days before the due date for filing. due date will be at least 8 weeks prior to trial date or the start of the trial period.

Question 2

what are the 3 things which MUST be included in a listing direction?

Answer 2

• fix the trial date
• give a time estimate for trial
• fix the place of trial

Question 3

whose responsibility is it to file the trial bundle and when should they do this?

Answer 3

it is for the claimant to file the trial bundle with the court between 3-7 days

Question 4

in what courts do you use a reading list?

Answer 4

high court, kings bench division and chancery

outlines to the judge an estimate of the reading time required to get to know the case

Question 5

when must a list of authorities be sent to the high court? (what time)

Answer 5

must be submitted to the court by 5pm the day before the hearing

Question 6

when is a consent order needed?

Answer 6

if the case is settled along the way then it is required which will also be approved by the court, as court will need to be notified that settlement has happened and the claim is at an end

Question 7

what is the time limit that parties have to comply with a judgement or order for payment of an amount of money?

Answer 7

Tim limit of 14 days

Question 8

what does the debt respite scheme provide?

Answer 8

allows an individual debtor to approach a debt advice provider to ask for breathing space of 60 days on basis that they are unlikely to be able to repay their debts.

Question 9

what are enforcement proceedings?

Answer 9

these are the steps taken post judgment by the successful party in order to obtain payment from the unsuccessful party, who can now be described as the judgment debtor.

Question 10

when should investigation of the opponent’s means take place?

Answer 10

before any action is commenced and as it progresses

Question 11

which court is an attachment of earnings orders enforced in?

Answer 11

the county court

Question 12

what is the sum of money where the high court enforcement of taking control of and selling debtors goods?

Answer 12

sums of £5,000 or more must be enforced in high court

Question 13

what sum must it be for county court to enforce the judgment by taking control of and selling debtor’s goods?

Answer 13

less than £600 or arises out of an agreement regulated by consumer credit act 1974 then must be enforced in county court

Question 14

if a figure is between £600 and £5,000 - what court is judgment used in to enforce judgment of taking control and selling debtor’s goods?

Answer 14

can be done in either the county court or the high court

Question 15

will an order to obtain information from a judgment debtor under CPR 71 always contain a penal order?

Answer 15

yes, this is a requirement so that the judgment debtor can be imprisoned or fined if they do not comply with the order to attend court and answer questions

Question 16

in respect of a hearing following the order to obtain information from a debtor - how many days notice are they given?

Answer 16

debtor is given at least 14 days notice of date of hearing when they must attend court

Question 17

a significant advantage of an order to obtain information in comparison to asking for information by correspondence is….

Answer 17

debtor might be fined if they refuse to cooperate

an order to obtain information will usually include a penal notice so debtor can be committed (imprisoned) or fined if they refuse to attend court or to comply with the investigation

Question 18

when can a petition of bankruptcy be issued against an individual? (how much should the debt be?)

Answer 18

more than £5,000

Question 19

what are exempt items from taking control of goods judgement?

Answer 19

basic domestic items
tools of trade
cannot seize items with belong to someone else or someone else has an interest in them

Question 20

what is an attachment of earnings order?

Answer 20

court orders the judgment debtor’s employer to make deduction from their salary and pay it to the court to pay off the debt

Question 21

what is a charging order?

Answer 21

charge which is taken over land (or other specified assets) which secures a judgment debt = until property is sold then that is when debt is recovered

Question 22

what is a third party debt order?

Answer 22

third party must pay to the judgment creditor some or all of the debt owed by the judgment debtor by the third party

(eg, there is a debt to the judgment debtor)

Question 23

if money is in bank account what is the appropriate order?

Answer 23

third party debt order

Question 24

what are the possible grounds of appeal?

Answer 24

lower court’s decision was wrong; or
unjust because of a serious procedural or other irregularity

Question 25

how are appeals done - are they done as a re-hearing?

Answer 25

no not done as a re-hearing, instead they take the form of review of the lower court’’s decision based on the evidence and representations the lower court heard - no new evidence is heard

Question 26

what is the time limit for when permission from an appeal court should be sought?

Answer 26

should be sought within 21 days of the lower court’s decision

Question 27

when is permission granted?

Answer 27

when appeal has a real prospect of success or there is some other compelling reason why appeal should be heard

Question 28

where can an application for permission to appeal happen?

Answer 28

can be made at the lower court or to the appeal court or to both of these courts in turn