Appeals, Part 36 and Enforcement Flashcards
(33 cards)
What are the two grounds to SEEK PERMISSION to appeal from WHO
real prospect of success
OR
compelling reason
FROM THE COURT THAT DID THE JUDGEMENT OR THE COURT OF THE APPEAL
What are the two GROUNDS OF APPEAL
wrong as to law
procedurally unjust
Where does permission to appeal come from
The court that made the decision or the court that hears the appeal
Time for hearing appeal for the county/high court
21 days
Time for hearing appeal for the appeal/supreme court
28 days
On the multi track, when there has been a detailed assessment of costs, how long does the other party have to challenge?
21 days
If a judgement creditor is enforcing against a company or a limited company, what can it not take
Personal cars, items, bank account
Should standard disclosure be included in the trial bundle
No
Can you apply a charging order against assets outside of the UK
Yes you can
In a fast track claim, where the defendant behaved unreasonably in defending the claim, what order should be made as to costs?
Defendant pays 150% o the fixed costs
A builder is paid 10,000 before the job and 50,000 payable on completion and isn’t paid. What damages can they claim?
Debt action for balance
In order to validly revoke a Part 36 offer what should the defendant serve?
Part 36 offer is open for acceptance by an offeree until the offeror either withdraws it by serving written notice of withdrawal, or its terms are changed by serving a written notice of change.
In deciding whether to make a security for costs order, what does the court take into account?
[jus at the star]
- just
- timing of the application
- impecunious [bankrupt]
- outside the eu
- taken steps to make enforcement difficult [moving to Africa]
impecunious company ground relied upon - what does this show
that the company has no sufficient means to pay
moving assets abroad - what does this show
makes enforcement difficult
What to serve with a security of costs order
Form N244 and witness statement
A judgement creditor, wants to enforce judgement in Northern Ireland to a debtor. What should he seek from the court?
Permission within 6 months to register judgement.
CPR 40.13 provides that where the court gives judgment on both a claim and a counterclaim, if there is a balance in favour of one of the parties, who pays the balance ?
it may order the party whose judgment is for the lesser amount to pay the balance
fast and intermediate costs assessed
fixed or summary (order after the hearing)
multi track costs assessed
detailed assessment
detailed assessment procedure:
[21 is a detailed birthday, there’s lots to do that you couldn’t]
- file notice of commencement within 3 months
- paying party 21 days to dispute
- receiving party 21 days to reply
- hearing within 3 months
- if over 75k costs then oral hearing if not bill of costs
For the detailed assessment of costs - if 75k+ is awarded what is needed
oral hearing with judge
What is the effect of a CMO for the multi track
gives the courts greater control over costs
Costs on the standard basis
proportionate and reasonable
paying party
