Topic 9- Trials, Appeals and Enforcement

Question 1

when must the trial bundle be filed?

Answer 1

• File bundle no more than 7 days and no less than 3 clear days before the trial begins.

Question 2

can a party recover costs from the other side if their opponent is legally aided?

Answer 2

will not recover costs and doubtful as to damages.

Question 3

what are the 5 methods of enforcement of a debt?

Answer 3

1. taking control of goods- seize goods and sell them. If up to £600= county court= warrant of control. If more than £5000= high court. = writ of control.
2. Charging orders- form of charge taken over land, right to equity of land once sold. Subject to prior mortgage and charges of the property.
3. Third party debt order- third party to search for and disclose information to the court and judgement creditor.
4. Attachment of earnings orders- when outstanding debt is not less than £50. County Court only. Can’t attach to a company, must be an employee or employer.
5. Insolvency proceedings- petition for bankruptcy if personal debt more than £500, petition to wind up a company if more than £750.

Question 4

what are the two grounds of appeal?

Answer 4

wrong or unjust due to a serious procedural or other irregularity in the proceedings against a lower court.

Question 5

do you need permission to appeal?

Answer 5

yes.
1) Apply for permission from the lower court at the time when the decision to be appealed is made. Done orally before a judge. Saves time and costs.

2) Make the application to the appeal court later. Done in writing using form N161 and usually no hearing. More time to prepare application.

• CA- Application for permission will usually be determined on the papers alone.
• CA- If judge decides an oral hearing is better, it will be listed within 14 days.
• High court or county court- if refuse paper application, appellant may normally request (within 7 days after service of the notice refusing permission) that the decision be reconsidered at an oral hearing.

Question 6

what is the time limits for obtaining permission/appealing?

Answer 6

appeal must be made within 21 days of the date of the lower court’s decision.

Question 7

what is the test for granting permission?

Answer 7

1. appeal has a real prospect of success or
2. that there is some other compelling reason why the appeal should be heard.

Question 8

what is the test for granting permission- second appeals?

Answer 8

1) Appeal would have a real prospect of success AND raise ran important point of principle in practice.
2) There is some other compelling reason for the CA to hear it.

Question 9

can new evidence be presented in appeals?

Answer 9

No