Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Civil Litigation > Unit 20 - Judgements, Orders, Enforcement, Appeals > Flashcards

Unit 20 - Judgements, Orders, Enforcement, Appeals Flashcards

(88 cards)

Start Studying
1
Q

Appeal from a District Judge in the County Court lies to a…

A

…circuit judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Appeal from a Master or District Judge in the High Court lies to a…

A

…High Court judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Appeal from a Circuit judge lies to a…

A

…High Court judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Appeal from a High Court judge lies to…

A

…the Court of Appeal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

TRUE or FALSE. A decision which was itself made on appeal can only be appealed to the Court of Appeal.

A

TRUE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Applications for permission to appeal should be made…

In writing?

At the hearing at which the decision to be appealed against is made?

A

FALSE. Make them orally.

TRUE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What form is used for appellant notices?

A

N161

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

TRUE or FALSE. Application to appeal usually considered without a hearing.

A

TRUE. If refused, request for it to be reconsidered at a hearing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

On what basis can an appeal court refusing permission on the papers make an order to prevent reconsideration at a hearing?

A

If it considers that the application is totally without merit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

TRUE or FALSE. There is no appeal from a decision of the appeal court allowing or refusing permission to appeal.

A

TRUE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

On what basis will a second appeal be allowed?

A

Important point of principle or practice;

A compellng reason which justifies the grant of permission;

Appeal must have a real prospect of success.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The appellant must file an appellant’s notice at the appeal court with X days after the decision that they wish to appeal.

A

21 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

TRUE or FALSE. Permission to appeal will only be given where the court considers that the appeal appears to have a real prospect of success or there is some other compelling reason why the appeal should be heard.

A

TRUE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

TRUE or FALSE. Appeal notices must be served only on the court as soon as practicable or not later than 7 days after filing.

A

FALSE. Must be served on each respondent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Will an appeal court receive oral evidence or evidence that was not before the lower court?

A

Usually not, but can order otherwise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When will a leapfrog appeal occur?

A

In general, only where the appeal raises an important issue of law or procedure or there is some other compelling reason for CoA to hear it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

TRUE or FALSE. Initiating an appeal generally operates to stay execution of an order/judgment under appeal.

A

FALSE. Generally, it doesn’t. A stay should be sought from the judge who made the order, or the court being appealed to.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What will a judge consider in deciding whether to grant a stay pending appeal?

A

Successful litigant ought not to be deprived of fruit of judgment;

Consider risk of injustice to the parties if stay granted/refused.

Would refusal of a stay stifle the appeal?

If stay granted but appeal fails, would R be able to enforce judgment?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

TRUE or FALSE. All appeals require permission to appeal.

A

FALSE. The exceptions under CPR 52.3(1) do not:

  • Committal orders;
  • Refusal to grant habeas corpus;
  • Secure accommodation order under s25 Children Act 1989
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the two routes of appeal under CPR 52?

A

Appeal at the hearing which you want to appeal;

Appeal to the appeal court in an appeal notice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the normal route of appeal from the decision of acounty court district judge?

A

County Court Circuit Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the normal route of appeal from the decision of a county court circuit judge?

A

High Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Name one instance when an appeal from a county court circuit judge can be heard by the Court of Appeal

A

Where circuit judge’s decision was itself an appeal;

Raises an important issue of law or procedure or there is some other compelling reason for it to be heard by the CoA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the usual period in which an appeal must be commenced?

A

Appeal notice must be filed within 21 days of the decision of the lower court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Who may grant permission to appeal?
Judge of lower court; or The appeal court. (permission to appeal an appeal can only be given by CoA)
26
When is permission to appeal not required?
Appeal against a committal order; Appeal against a refusal to grant habeas corpus; Appeal against a secure accommodation order under s25 CA 1989
27
At what time, and how, should permission be requested from the lower court?
Orally, at the end of the hearing.
28
A request for permission to appeal made to the appeal court is usually decided on the papers. What can A do if permission is refused?
Ask for an oral hearing. Will be refused if it appears that the app is totally without merit (and may even result in a civil restraint order).
29
If the appeal court refuses permission to appeal after an oral hearing, who hears the appeal against that decision?
No one. However, HC and CoA have power to re-open a final determination of any appeal, including an application for permission.
30
What is the general test governing whether permission to appeal should be granted?
Reasonable prospect of success; or Some other compelling reason why it should be heard.
31
How soon after it has been filed must an appellant's notice be served on R?
As soon as practicable and in any event within 7 days of being filed.
32
In what circumstances does a respondent have to serve notice in an appeal?
If they want to cross-appeal; If they want the appeal court to uphold the decision for a different reason.
33
What is the general principal governing whether permission will be given for a second appeal?
Have a real prospect of success AND raise an important point of principle or practice; or Some other compelling reason for the court to hear it.
34
There are three conditions that need to be satisfied before fresh evidence can be produced at an appeal - name one of them.
Evidence could not have been obtained with reasonable diligence for use at the original hearing; The evidence would probably have had an important influence on the result of the case; The evidence was credible.
35
The appeal court will allow an appeal if one of two criteria are met.
The lower court decision was wrong; or Unjust becuase of a serious procedural or other irregularity in the proceedings.
36
Name one option open to the appeal court if the appeal is successful.
Set aside or vary any judgment or order of lower court; Refer any issue or claim for determination by the lower court; Order a new trial or hearing
37
Will a stay of the original order normally be granted pending an appeal?
Not normally. But it might be appropriate if - refusal of stay would stifle the appeal. It might not be appropriate if it would mean that the respondent would be unable to enforce the original judgment if the appeal failed.
38
An appeal is normally limited to a review. When would an appeal by way of a rehearing be considered?
If a practice direction provides otherwise; or If the appeal court considers it would be in the interests of justice.
39
According to PD52A para 5.1, what is the purpose of a skeleton argument.
To set out as concisely as practicable the arguments upon which a party intends to rely.
40
What is a judgment creditor?
A person who has obtained or is entitled to enforce a judgment or order.
41
TRUE or FALSE. Where a fine imposed under County Courts Act 1984 is directed to be paid in instalmenets, default may be taken as if default had been made in payment of the whole of the fine.
TRUE.
42
Can a judgment creditor use more than one method of enforcement at the same time?
Yes.
43
Can the court order for an act to be done at the expense of the disobedient party?
Yes.
44
Can proceedings be transferred to High Court for enforcement?
Yes. Most common reason is to use High Court Enforcement Officer.
45
TRUE or FALSE. If a judgment or order is given or made in favour of or against a person who is not a party to proceedings, can it be enforced by same methods as if they were a party?
Yes.
46
Under 70PD1.1, how can a judgment creditor enforce a judgment or order for the payment of money?
A writ of control of warrant of control; A third party debt order; A charging order, stop order or stop notice; In CC, an attachment of earnings order; The appointment of a receiver.
47
What is the purpose of oral examination under CPR 71?
To enable judgment creditor to obtain information from judgment debtor for the purpose of being able to better decide which method or methods of enforcement ot use.
48
Can an application for ora lexamination be made without notice?
Yes.
49
What happens if party fails to comply with an oral examination order?
Court will refer the matter to a high court judge or circuit judge.
50
What forms are used for oral examination application notice?
N316/N316A
51
What is a third party debt order?
If a debtor is owed money by 3, the creditor can obtain an order that 3 should pay the judgemnet creditor.
52
TRUE or FALSE. Third party debt orders are obtained without notice on an interim basis.
TRUE.
53
TRUE or FALSE. It is possible to onbtain a third party debt order against a bank account in the joint names of the debtor an wife.
FALSE. But this is in contrast to execution.
54
What form is to be used for third party debt order applications?
N349
55
TRUE or FALSE. The court will grant speculative applications for third party debt orders.
FALSE. WIll only grant them if notice contains evidence to substantiate belief that debtor has an account with the bank in question.
56
What is a charging order?
Imposing on the property of the debtor a charge for securing the payment of any money due under judgment/order.
57
There are broadly four kinds of charging order:
Charging order over land; Charging order over securities; Charging order over a judgment debtor's interest in a fund in court; Charge over judgment debtors interest in partnership property.
58
TRUE or FALSE. Most charging orders are made in the couny Court.
TRUE.
59
What form is used for charging orders?
N379 for land; N380 for securities.
60
What are writs and warrants of control?
They enable the taking control and sale of goods, solely to recover money.
61
The priority of a writ of control is determined by...
...when it is delivered to the relevant enforcement officer.
62
The priority of a warrant of control is determined by...
...reference to the date upon which it was isued.
63
A judgement or order of a county curt for payment of sum of money whic it has sought to enforce by execution of goods can only be enforced in the High Court when...? In the county court when...?
£5000 or more and proceedings did not arise out of Consumer Credit Act 1974; Less than £600. Anything in between can be enforced in either.
64
A relevant writ or warrant must not be issued without the permission of the court where...
...Six years or more have elapsed since date of judgment/order; or Any change has taken place in parties entitled/liable to order; or judgment agaisnt assets of deceased person coming into hands of executors after date of judgment or order; Any goods to be seized are in hands court-appointed receiver; Under judgmenet, any person entitled to a remedy subject toa condition which has been fulfilled; Permission sought for a write which is in aid of another writ.
65
The taking control of goods process is as follows:
Enforcement agent gives notice to debtor; The debtor contacts agent and pays or enters and arrangement for payment OR agent takes control of goods; - Secure on premises; - Seucre on highway; - remove goods and store elsewhere - Entry into a controlled goods agreemnt; Goods sold at auction; Proceeds used to pay amount outstanding.
66
Enforcement agents for Taking Control of Goods can make the following applications to the court:
Shorten period for notice to debtor of enforcement; Extend prescribed period to take control of goods; Take control of goods during prohibited periods; Enter, re-enter or remain on premises outside permitted hours; Re-enter premises giving less than minimum period of notice; Issue warrant and use force to enter premises; Use reasonable force re goods on highway; Sell other than by public aution; Deal with abandoned goods; Obtain exceptional disbursements.
67
What is a controlled goods agreement?
Agreemnet under which enforcement agent and debtor agree terms for repayment by debtor of the sum outstanding under the judgment or order.
68
What is an attachment order?
Order to make periodicla deductins from debtors earnings.
69
What is a tomlin order?
An order that further proceedings are stayed, except for the purpose of carrying out the terms of the compromise.
70
What three things are usually dealt with on face of a Tomlin order?
Stay of proceedings; Liberty of parties to compel compliance; payment and assessment of costs
71
TRUE or FALSE. Tomlin order schedules must be made public.
FALSE.
72
TRUE oe FALSE. Applications to vary tomlin orders are subject to CPR.
TRUE.
73
TRUE or FALSE. Tomlin order schedule is contractual, so only changeable on contractual bases.
TRUE.
74
How are judgments for immediate payment enforced?
Via proceedings 14 days after judgment;
75
How are judgments for agreed sums, subject to stay and instalments, enforced?
If they fall into arreas, lift stay and bring enforcement.
76
How are consent orders enforced?
If not complied with, enforcement can be immediate or upon application.
77
How are tomlin ordesr enforced?
Substantive terms enforceable as they stand; Scheduled terms require parties to apply under liberty to force compliance clause. then get an order to compel such compliance.
78
How are consent orders, staying all further proceedings on agreed terms, enforced?
Courts unwilling to remove stay. Usually only effected by bringing fresh proceedings for breach of compromise contract.
79
How are consent orders providing for no order save as to costs, but setting out the agreed terms in recitals, enforced?
No need to bring a fresh claim.
80
What is a consent order?
Where all parties agree the terms in which a judgment should be given or an order should be made.
81
What orders/judgements can be part of a consent orer?
Order for payment of money or delivery of goods; Order for dismissal of proceedings, stay of proceedings, diposal, or (un)conditional stay of judgment via instalment payments; setting aside of default judgment Payment out of money paid into court Discharge of liability for any party; Payment, assessment or waiver of costs.
82
Can the terms of in the schedule of a tomlin order be enforced directly by court order?
No.
83
What does a Tomlin order do?
records terms of settlement agreed between parties, but without those terms being ordered by the court or enforceable without a further order.
84
What are the three orders that a court usually makes in relation to Tomlin orders?
That proceedings be stayed to enable agreed terms to be put int oeffect; IF agreed, that there be payment out of monies paid into court and provision for accrued interest thereon For costs to be assessed, whether between parties or out of public funds.
85
When does a judgment or order take effect?
From the day it was given/made, or such later date if court specifies.
86
On what grounds can a party, against whom judgment/order has been made, apply to the court for stay or other relief?
On the ground of matters which have occurred since date of judgment/order, and the court may by order grant such relief and on such terms as it thinks just.
87
Who may apply to set aside or vary a judgment or order?
A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.
88
A party must comply with a judgment order for payment of money within X days... Unless?
14 days Unless judg specifically sauys otherwise / rules specify a different date / court stays proceedings.

Civil Litigation (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions