Civil Litigation SGS 19 Enforcement

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Author:
billsykes
ID:
210731
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Civil Litigation SGS 19 Enforcement
Updated:
2013-04-01 14:36:24
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Civil Litigation
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Civil Litigation
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  1. District Judge Stern is considering making an attachment of earnings order against Fred with regard to a judgment made against Fred on a contract claim in the county court.

    Which of the following is WRONG?

    [A] The attachment of earnings orders could only be made by the county court.

    [B] Fred must have failed to make at least one payment due under the judgment before such an order can be made.

    [C] The order can attach to bonuses paid to Fred by his employer.

    [D] The order cannot attach to statutory sick pay.
    [D] The order cannot attach to statutory sick pay.

    [D is WRONG and is therefore the CORRECT answer (i.e. the order CAN attach to statutory sick pay - see s.24 (1) (C) AEA 1971)]
  2. The county court bailiffs attend Mr Bun the Baker’s shop to enforce a warrant of execution in the sum of £800. Mr Bun is a sole trader.

    Which of the following is CORRECT?

    [A] They are not entitled to seize money found on the premises.

    [B] They are not entitled to break open outer doors.

    [C] They can seize the vehicle Mr Bun uses to deliver his bread.

    [D] They can seize property belonging to his employees.
    [B] They are not entitled to break open outer doors.

    [D] They can seize property belonging to his employees. [Employees property cannot be seized because the employees are not the judgment debtor]
  3. Sanjay wishes to apply for a Third Party Debt order in respect of Fred’s bank account to enforce a judgment against Fred.

    Which of the following is WRONG?

    [A] Sanjay must first apply for an interim order, and he must give Fred notice of this application.

    [B] His application notice must be verified by a statement of truth.

    [C] The interim order must be served on the bank not less than 21 days before the further hearing.

    [D] If Fred objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objection not less than 3 days before the hearing.
    [A] Sanjay must first apply for an interim order, and he must give Fred notice of this application.

    [A is WRONG and is therefore the CORRECT answer – see r.72.3 (1)(a) and the editorial note at 72.3.2]
  4. Which of the following is/are WRONG?

    (i) A charging order can impose a charge on company shares in respect of a company incorporated within England and Wales.

    (ii) Charging order applications follow a two-stage process: an interim order followed by a final order.

    (iii) An interim order in respect of land is not registerable, and should not be registered, at the land registry.

    (iv) The effect of a charging order is that the land charged must be sold within 3 months of the date of the order.

    Select ONE of the following statements;

    [A] (i) and (iv) only

    [B] (iii) and (iv) only

    [C] (i) and (ii) only

    [D] (i), (ii) and (iv) only
    [B] (iii) and (iv) only

    [B is WRONG and therefore the CORRECT answer. Option (iii) is wrong as an interim order can be registered and should be registered – see S.3 COA 1979 and editorial note 73.4.3 to CPR r. 73.4 in Volume 1 White Book 2012. Option (iv) is wrong as there is no time limit for making an application for an order for sale – see r.73.10 in White Book 2012]
  5. Richard was injured when he was involved in a road traffic accident caused by David. David has admitted liability but quantum is still in issue.

    As a result of his injuries Richard is no longer able to work as a sports teacher, a job he loved, but has retained employment with Gladbury Local Authority as a schools careers advisor at a reduced salary.

    Which of the following in relation to Richard’s damages claim is correct?

    [A] Richard can claim an award for loss of congenial employment as part of his general damages.

    [B] Richard’s future loss of earnings claim will attract interest at the rate of 2% p.a. from accident to trial.

    [C] Richard can also claim exemplary damages.

    [D] Richard is unlikely to be able to recover his costs of private physiotherapy as physiotherapy was available without cost through the NHS.
    [A] Richard can claim an award for loss of congenial employment as part of his general damages.

    [[A] is correct. Such an award is available to compensate for lack of job satisfaction or leaving a job which was particularly enjoyable. See Remedies Manual 16th edition at paragraph 11.9.4.2 – headed ‘loss of congenial employment’].
  6. Proceedings have been commenced in the High Court and an issue has been raised before the Judge as to the interpretation of the Treaty creating the European Community.

    Which ONE of the following is CORRECT?

    [A] The High Court can refer the matter to the Court of Justice of the European Union if it is necessary to do so.

    [B] The High Court must refer the matter to the Court of Appeal which must then refer the matter to the Court of Justice of the European Union

    [C] The High Court must refer the matter to the Court of Justice of the European Union

    [D] Only the Supreme Court (i.e. formerly House of Lords) can refer the matter to the Court of Justice of the European Union.
    [A] The High Court can refer the matter to the Court of Justice of the European Union if it is necessary to do so.

    [A is CORRECT– see CPR Part 68 and the accompanying Practice Direction and the annexed EUROPEAN Court Information Note at Annex 1 in White Book 2012 at paragraphs 11 and 12, Article 267 EU Treaty and Sime paragraph 40.07]

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