MARCH 22 PAPER 1

Question 1

What is the form used when applying for an eviction order from the first tier tribunal for Scotland, Housing and Property Chamber?

Answer 1

E

Question 2

In terms of which act and by what method of proceedings raised In Scotland, to recover possession of a residential property from an individual, which is subject to a standard security?

Answer 2

Conveyancing and Feudal Reform (Scotland) Act 1970

Summary application

Question 3

In respect of a summary cause decree for ejection, can an ejection take place on January 2nd at 10am?

Answer 3

No

Question 4

In respect of a summary cause decree for ejection, can an ejection take place on A Saturday at 7pm?

Answer 4

Yes

Question 5

In respect of a summary cause decree for ejection, can an ejection take place on A Wednesday at 7am?

Answer 5

No

Question 6

In respect of a summary cause decree for ejection, can an ejection take place on a Sunday at 9am?

Answer 6

No

Question 7

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a trust?

Answer 7

Yes

Question 8

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a limited liability partnership?

Answer 8

No

Question 9

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a public limited company?

Answer 9

No

Question 10

Is a petition for bankruptcy under the Bankruptcy (Scotland) Act 2016 relevant in respect of a dissolved partnership?

Answer 10

Yes

Question 11

What does a form 3B relate to?

Answer 11

Simple procedure additional claimant

Question 12

What does an ordinary cause form G10 relate to?

Answer 12

Solicitor ceasing to act on behalf of a party

Question 13

What does a Summary application form 7 relate to?

Answer 13

Certificate of service

Question 14

How is service of an inhibition on the dependence in an ordinary cause action effected where the whereabouts of the debtor (an individual) are not known?

Answer 14

A copy is left or deposited at the sheriff clerks office in the sheriffdom where the debtor was last known to reside

A postal copy is then sent the the debtors last known address by 1st class post

Question 15

When serving an arrestment on the dependence in simple procedure what should you also be mindful of and what time limit applies?

Answer 15

Returning the confirmation of formal service to the court within 1 week of service

Question 16

What diligences are authorised by the warrant for all lawful execution contained within a simple procedure decision form?

Answer 16

Arrestment in execution
charge
inhibition

Question 17

Can a creditor recover interest from a debtor who has a time to pay direction in place ordering payment by instalments?

Answer 17

Yes
They must serve notice on the debtor before the date when the last instalment is payable

Question 18

What is the amount of protected minimum balance of an arrestment served with a high street bank, where the debtor is a partnership?

Answer 18

£0

Question 19

What is the amount of protected minimum balance of an arrestment served with a building society, where the debtor is an individual?

Answer 19

£1000

Question 20

What is the amount of protected minimum balance of an arrestment served with a construction company, where the debtor is an individual contractor?

Answer 20

£0

Question 21

Where a defender receives an ordinary cause initial writ claiming £23,000 what three options are open to the defender?

Answer 21

Pay
Apply for time to pay
Defend

Question 22

What type of debts fall within an application for a time order?

Answer 22

Consumer contracts
Consumer credit debts

Question 23

What is a counterclaim?

Answer 23

When a defender responds to an action from another party with a claim against them also, in relation to the same matter

Question 24

What is a decree in foro?

Answer 24

A decree decided in appearance instead of in absence

Question 25

Which rules govern child protection orders?

Answer 25

Act of Sederunt (Child Care and Maintenance Rules) 1997

Question 26

When would you prepare a form F23?

Answer 26

Divorce with no cohabitation for 2 years

Question 27

When would you prepare a form F24?

Answer 27

Separation with no cohabitation for 2years

Question 28

Name 6 types of action that can be raised in the sheriff court

Answer 28

Ad factum praestandum Count reckoning and payment Furthcoming Family actions Admirality actions Multiple poinding Payment

Question 29

When a simple procedure document is being served by post what is the wording on the envelope?

Answer 29

THIS ENVELOPE CONTAINS A SIMPLE PROCEDURE CLAIM FORM FROM (name of court). IF DELIVERY CANNOT BE MADE THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (full court address)

Question 30

When proceeding to execute an attachment, what procedure would a sheriff officer follow prior to executing the attachment?

Answer 30

Show everyone present a copy of the warrant and charge execution Demand payment Make enquiries as to the ownership of articles

Question 31

Within what period must an initial writ be served after the execution of an interim attachment?

Answer 31

21 days

Question 32

With reference to the authority, specify which articles are exempt from attachment

Answer 32

Debt arrangement and attachment (Scotland) Act 2002 Articles within dwelling place Money Motor/mobile home which is debtors primary residence Vehicles under value of 3k reasonably required by the debtor

Question 33

Stating your authority what has recently replaced the requirement for intimation on walls of court?

Answer 33

The Coronavirus (recovery and reform)(Scotland) act 2022 Allowing sending documents to the court via email for display on the SCTS website

Question 34

What is the form for a simple procedure decision form and when does warrant for all lawful execution become active hereon?

Answer 34

13A 28 days after the date sent

Question 35

In which legislation would you locate the form used for statutory demand for payment of debt?

Answer 35

Bankruptcy (Scotland) Regulations 2016

Question 36

In ordinary cause procedure what is the form number and rule for a witness citation

Answer 36

G13 Act of Sederunt Ordinary Cause Rules 1993

Question 37

In ordinary cause procedure what is the form number and rule for a money attachment?

Answer 37

1 Act of Sederunt (Money Attachment Rules) 2009

Question 38

In ordinary cause procedure what is the form number and rule for a schedule of arrestment on the dependence?

Answer 38

G4B Act of Sederunt (Ordinary Cause Rules) 1993

Question 39

In ordinary cause procedure what is the form number and rule for an attachment schedule?

Answer 39

4 Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Question 40

In what circumstances can a charge to pay be served on the sheriff clerk and what are the clerks responsibilities thereafter?

Answer 40

Where a debtors whereabouts are not known They must endorse a copy and return it to the sheriff officer

Question 41

What legislation governs the fees applicable for sheriff officer service and what is the current applicable fee for a charge for payment for a sheriff court decree of £800 for one person at one address?

Answer 41

Act of Sederunt (Fees of Sheriff Officers) (No2) 2002 £55.14

Question 42

Can a charge for payment be served on partners not named on a decree?

Answer 42

Yes

Question 43

What are the number of days of charge on a charge for removing where the defenders whereabouts are unknown?

Answer 43

14 days

Question 44

What is the minimum amount that a creditor can petition for the sequestration of an individual?

Answer 44

£5,000

Question 45

What is the period of notice on a petition for sequestration?

Answer 45

Not less than 6 days and not more than 14 days before the hearing

Question 46

What is the period of notice on a petition to wind up a limited company?

Answer 46

8 days

Question 47

What commonly used diligence is not available when enforcing a liability order for child support?

Answer 47

Earnings arrestment

Question 48

What form would you use for a certificate of intimation of a minute and within what period must it be lodged in court?

Answer 48

G8 5 days

Question 49

What diligence can still be executed while a time to pay direction is in effect?

Answer 49

Inhibition

Question 50

What is the judicial rate of interest?

Answer 50

8%

Question 51

How long does a charge for payment last?

Answer 51

2 years

Question 52

Is the fee for a previously executed arrestment recoverable from a subsequent earnings arrestment?

Answer 52

No

Question 53

In the sheriff court what are the three potential results or outcomes of an action?

Answer 53

Decree Dismissal Absolvitor

Question 54

You are instructed today to serve a notice to leave with regards to a private residential tenancy on the basis that there are rent arrears, what is the period for said notice?

Answer 54

28 days