Trials and Enforcement

Question 1

Defence available for a consent order if fresh proceedings are later brought regarding matters in the agreement

Answer 1

defence of estoppel

Question 2

When can consent orders be used?

Answer 2

to settle an entire claim AND used for an interim application

Question 3

A Tomlin Order

Answer 3

type of consent order

Question 4

When would you use a Tomlin Order rather than a standard consent order?

Answer 4

when the parties wish for the key settlement terms to be confidential; and/or
when the agreed settlement terms go beyond those that the court could generally order as part of the proceedings.

Question 5

Which part of a Tomlin Order is confidential?

Answer 5

Part 2 - the Schedule

Question 6

Which directions must be included in Part 1 of a Tomlin Order? (ie cannot be confidential)

Answer 6

Any direction for payment of money out of court or the payment and/or assessment of costs must be contained in Part 1

Question 7

Is court approval required for consent orders and Tomlin orders?

Answer 7

Yes

Question 8

What happens if an application for a consent / Tomlin Order is made during a stay of the proceedings?

Answer 8

it will also be treated as an application to have the stay lifted

Question 9

What is the max. extension a claimant can request for exchange of witness statements?

Answer 9

the parties can usually agree an extension of up to 28 days without the need to apply to court

Question 10

How are consent orders used for interim applications?

Answer 10

It is filed at court to demonstrate that the parties have agreed to something eg an extension. Court is not obliged to give approval.

Question 11

Pre-trial checklist form

Answer 11

Form N170

Question 12

Which track does not require a pre-trial checklist?

Answer 12

small claims track

Question 13

When is a pre-trial checklist sent to each party?

Answer 13

at least 14 days before the due date for filing

Question 14

Due date for filing a pre-trial checklist

Answer 14

min. 8 weeks prior to the trial date or the start of the trial period

Question 15

Purpose of the pre-trial review

Answer 15

check that the parties have complied with all previous orders and directions, and to give directions for conduct of the trial

Question 16

Who is responsible for filing the trial bundle at court?

Answer 16

the claimant

Question 17

When must trial bundles be filed at court?

Answer 17

between 3 - 7 clear days before the trial starts

Question 18

No. of copies of trial bundle required

Answer 18

copy at court, one for each party, 1 copy for witnesses

Question 19

Counting time for trial bundles

Answer 19

Clear days - exclude day of trial and date that counting begins
less than 5 days - exclude weekends

Question 20

Reading lists for trial bundles

Answer 20

Necessary for High Court cases in the Chancery Division and the KBD
set out an estimate of the reading time the judge is likely to require
should be signed by all advocates

Question 21

Skeleton arguments

Answer 21

must be prepared for High Court trials
concisely summarise the submissions to be made and cite the authorities being relied on

Question 22

Deadline of submitting a list of authorities for High Court case

Answer 22

5pm the day before the hearing

Question 23

If the case does settle between the listing stage and trial, what should the parties do?

Answer 23

notify the listing officer for the trial court immediately to enable the court to try and allocate the time to other cases (or costs penalties could apply)

Question 24

purpose of a notice to admit facts

Answer 24

to formally ask the other party to admit a particular factual point that is in issue in the case

Question 25

Questions in re-examination

Answer 25

Non-leading questions only

Question 26

Split trial

Answer 26

the court decides to firstly hold a trial to decide who is to blame and then, assuming the defendant is found liable, some time later there will be a disposal hearing: a further trial or hearing to assess the level of damages.

Question 27

When will the court usually allow a split trial?

Answer 27

where the evidence on liability is different to the evidence on quantum, and it will further the overriding objective to hold two separate hearings

Question 28

'Drawing up' an order

Answer 28

setting the order out in the formal document to be sealed by the court

Question 29

If an order is to be drawn up by a party, the party drawing the order up is required to file it

Answer 29

no later than 7 days after becoming responsible for it

Question 30

When does interest start to run on the judgment debt?

Answer 30

from the date on which the judgment is given

Question 31

Rate of interest on judgment debts is set at

Answer 31

8% per annum

Question 32

time limit for complying with a judgment or order for the payment of an amount of money

Answer 32

14 days

Question 33

why should you pay a judgment ASAP?

Answer 33

because interest accumulates from date of judgment

Question 34

When may the courts exercise their discretion to allow a stay of execution of the judgment or order?

Answer 34

on the grounds of matters which have occurred since the date of judgment eg a pending appeal against the judgment

Question 35

What does the Debt Respite Scheme do?

Answer 35

allows an individual debtor (not a company) to approach a debt advice provider (which might be a local authority) to ask for 'breathing space' of 60 days on the basis that they are unlikely to be able to repay their debts

Question 36

What does "costs follow the event" mean?

Answer 36

unsuccessful party pays successful party

Question 37

What types of judgment are not included in the Debt Respite Scheme?

Answer 37

damages for death or personal injury caused to someone else

Question 38

enforcement proceedings

Answer 38

the steps taken post-judgment by the successful party to obtain payment from the unsuccessful party

Question 39

oral examination of a debtor

Answer 39

A judgment creditor may apply for an order requiring a judgment debtor to attend court to provide information about the judgment debtor’s means or any matter about which information is needed to enforce a judgment or order

Question 40

application to question an individual judgment debtor

Answer 40

Form N316

Question 41

application to question an officer of a company or other corporation

Answer 41

Form N316A

Question 42

An order for a judgment debtor to attend court for a hearing must be served

Answer 42

personally on the person ordered to attend court not less than 14 days before the hearing

Question 43

Main methods of enforcement of money judgments

Answer 43

Taking control of goods Charging orders Third party debt orders Attachment of earnings orders Insolvency proceedings

Question 44

Impact of receiving costs/damages if the other party is a legally aided opponent

Answer 44

your client will not recover its costs and may not recover damages

Question 45

method of preventing an opponent from dissipating assets

Answer 45

freezing order

Question 46

Taking Control of Goods Order

Answer 46

allows an enforcement officer (‘EO’) to seize a judgment debtor’s goods and sell them to use the proceeds of sale to satisfy the judgment debt and expenses

Question 47

Items exempted from TCG order

Answer 47

tools of the judgment debtor’s trade which are exempt, but only to an aggregate value of £1,350; and basic domestic items, such as clothing, bedding, furniture and essential household items

Question 48

Thresholds for selecting County Court or High Court for TCG order

Answer 48

up to £600 - County £600 - £5000 - County or High Court More than £5000 - High Court

Question 49

Document for TCG in High Court

Answer 49

Writ of control

Question 50

Document for TCG in County Court

Answer 50

Warrant of control

Question 51

How long does the EO have from the date of giving notice to take control of the judgment debtor’s goods?

Answer 51

12 months

Question 52

Restrictions on EO entering premises to seize goods

Answer 52

the EO must generally not take control of goods before 6am or after 9pm on any day, nor at premises when a child or vulnerable person is the only person present.

Question 53

Benefit for a judgment debtor of entering a Controlled Goods Agreement with the Enforcement Officer

Answer 53

Gives them a final chance - the judgment debtor is permitted to retain custody (and use) of the goods, despite the EO taking control of them, pending payment of the debt

Question 54

When is a Third Party Debt Order appropriate?

Answer 54

when there is a ‘debt due or accruing due’ to a judgment debtor by a third party within the jurisdiction eg money in a bank account, trading debts

Question 55

When can a third party order NOT be used?

Answer 55

cannot be used against bank accounts held jointly with a spouse

Question 56

Charging order

Answer 56

a form of charge taken over land (or other specified assets) which secures a judgment debt

Question 57

2-stage procedure for charging orders and third party debt orders

Answer 57

an interim charging order; and a final charging order

Question 58

Attachment of earnings orders only available in which court?

Answer 58

County Court

Question 59

When is an attachment of earnings order most relevant?

Answer 59

where a debtor does not have substantial assets but does earn a salary from employment (the earnings are deducted and passed on to the judgment debtor)

Question 60

A petition for bankruptcy against an individual can be issued when the judgement debt against them is more than

Answer 60

£5,000

Question 61

A petition to wind up a company can be issued when the judgment debt against it is more than

Answer 61

£750

Question 62

How is discontinuance achieved?

Answer 62

Filing a notice at court and serving it on all other parties

Question 63

Who normally prepares the trial bundle?

Answer 63

claimant

Question 64

Will an order to obtain information from a judgment debtor under CPR 71 always contain a penal notice?

Answer 64

Yes, this is a requirement so that the judgment debtor can be imprisoned or fined if they do not comply with the order to attend court and answer questions