Trial, Enforcement, Appeals Flashcards
What is a pre-trial checklist and when is it needed?
Needed for fast, intermediate and multi-track cases. Form N170. Provides court with the opportunity to make sure case management directions have been complied with and give any further directions, and fix a date for trial/ confirm date.
What guidance on directions must the court give on listing?
Trial date, time estimate and place of trial.
May also give provisions about evidence, timetable, preparation of trial bundles.
What is a trial bundle?
Purpose is to ensure all relevant material is before court at trial so it proceeds smoothly and expeditiously.
All docs likely to be referred to at trial should be put in indexed files. Contents should be agreed where possible.
When does the trial bundle need to be filed by claimant at court?
No more than seven and no less than three days before the trial begins.
What would trial bundle include?
Claim form, statements of case, summaries, requests for further information and responses, witness statements to be relied on, hearsay etc, medical reports and expert reports, order giving directions, etc.
What is a reading list and when is it needed?
Needed in the High Court in Chancery Division and KBD. Estimate of reading time and length of hearing.
What is a skeleton argument and when is it needed?
High Court trials, concisely summarising submissions to be made and authorities to rely upon.
When is a list of authorities needed?
For trials in the high court, submit by 5pm the day before the hearing.
Order of events at trial?
C opening speech
C case (evidence in chief, cross ex, re-ex)
D case
D closing speech
C closing speech
When would the judge usually circulate the judgement in draft in advance of formally handing it down?
By 4pm on second working day before handing down
What is a disposal hearing?
Later further trial to assess the level of damages.
What is drawing up?
Setting the order out in the formal document to be sealed by the court. Usually done by court, unless an order is made for it to be done by a party, in which case the party should file it no later than seven days after becoming responsible for doing so.
When is judgement or order effective from?
The day it is given or made (not served). Then parties have 14 days to comply with a judgement or order for payment of amount of money. Interest starts to run at 8% per annum on the amount of judgement debt from the date on which judgement is given.
What is the Debt Respite Scheme?
Allows an individual debtor to approach a debt advice provider and ask for 60 days reaching space. Judgement creditor must stop all enforcement action to recover the debt, stop interest, fees, penalties, charge for debt, not contact debtor requesting payment.
When is an order to obtain information from the judgement debtor used?
Can apply for an order requiring judgement debtor or an officer of the judgement debtor to attend court to provide information about the judgement debtor’s means or any other matter about which information is needed to enforce a judgement or order.
N316 for individual or N316A for company.
Unless court orders otherwise, order to attend court must be served personally not less than 14 days before the hearing.
which court is attachment of earning orders available in?
County court only. Would need to app.y to transfer proceedings from high to county for purposes of enforcement.
Threshold for sums which must be enforced in HC?
Sums of £5k or more must be enforced in the high court. Also, under £600 must be in county court.
When would you use an enquiry agent?
Essentially private investigators, but are expensive.
Taking control of goods order?
Exemptions are tools of trade up to £1350 and basic domestic items.
Can usually apply for TCG as soon as judgement has been obtained and judgement debtor has failed to pay by the time payment is due.
Use CC up to £600 and HC above £5k.
CC warrant of control; HC writ of control.
Process for TCG?
Give notice to judgement debtor of enforcement; enter premises and secure goods, sale of goods.
When is a third party debt order appropriate?
There is a debt due to a judgement debtor by a third party within the jurisdiction. Court can order third party to pay judgement creditor the debt.
Procedure for third party debt order?
Judgement creditor makes application in form N349. Interim order made without notice to judgement debtor, served on third party. Then serve on judgement debtor and follow with an on notice hearing where debtor and third party if they wish will be heard.
Then court will decide whether to make the order, or discharge the interim order.
What is a charging order?
Form of charge taken over land to secure debt. Obtain interim and then final charging order.
When is an attachment of earnings order appropriate?
Judgement debt is not less than £50. Debtors salary will have deductions made from it by employer, and these will be paid into court.
