Appeals and Enforcement

Question 1

Pre-trial checklist
- form
- when
- purpose deadline
- effect

Answer 1

Form: N170
When: 8 weeks before trial
Purpose: check conformed to directions + request additional directions
Effect: Court issue listing directions or pre-trial hearing (directions must include trial date, location and duration. May include directions re prep pack or evidence)

Question 2

Trial bundle
- who?
- Purpose
- Contents
- No of Copies
- Deadline

Answer 2

Who: prepped by C
Purpose: all docs that will be referred to at trial
Copies: 1 court + 1 witnesses + each party
Deadline: no more than 7 days and no less than 3 days (clear day at beginning and end)

Question 3

Pre-trial docs
- HC requirements
- All other cases

Answer 3

HC:
- Readling List (estimate of reading time + signed by all parties)
- Skeleton Arguments

All
- List of Authorities (by 5pm day before)
- Case Summary

Question 4

Procedure and effect for notice to admit facts

Answer 4

1. Serve notice on party

If admits, no need to produce evidence at trial.
If denies, evidence at trial. If should have admitted, cost consequences.

Question 5

Witness summons procedure and effect

Answer 5

1. Serve on witness (N20)

Must attend otherwise contempt of court

Question 6

Judgment
- time to pay
- interest
- next steps

Answer 6

14 days
8% interst on whole amount
cost submissions and order

Question 7

Oral examination to find out debtors assets post judgment prcoedure

Answer 7

1. Request court permission (issue app N316 to obtain court order)
2. Serve court order on D not less than 14 days before hearing (serve personally)

Question 8

Taking control of goods
- court
- Test
- Procedure

Answer 8

HC if more than £5k (writ)
Test: Owned by D + not basic domestic + not tools up to £1350
Procedure: Interim Application + give D 7 clear days notice

Question 9

Attachment of Earnings
- court
- procedure
- conditions

Answer 9

CC

File App + Serve on D + Hearing + Serve on Employer

Debt is £50 or more

Question 10

Charging Order
- procedure

Answer 10

Interim Application without notice

Question 11

3rd party debt order
- when
- procedure

Answer 11

Bank Account or Trade Creditors

Interim App without notice

Question 12

Insolvency procedures
- test
- procedure

Answer 12

Individual: over £5k
Company: over £750

1. Statutory demand (21 days to pay)
2. Issue Petition
3. Serve Petition

Question 13

Grounds and threshold to appeal

Answer 13

Threshold: Real prosepct of success or some other compelling reason

Grounds: wrong or unjust due to serious procedural error
- wrong: error of fact / law / exercise of discretion
- unjust: serious irregularity

Question 14

What is court likely to do if there is new evidence (appeal)

Answer 14

Stay + order rehearing

Question 15

Procedure for appeals

Answer 15

1. Request from trial judge
2. Request higher court within 21 days of judgment
3. Consider on papers (if refuses, right to oral)

Question 16

Routes of Appeal

Answer 16

Next judge in heirarchy

DJ -> CJ -> HC judge -> CoA

(High court master –> HC judge)