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Civil Procedure

Civil Procedure. Appeals Enforcement. Appeals. “the slip rule”. CPR 40.12(1) court can also “vary its own orders to make the meaning and the intention of the court clear” (PD40B.4). Roadrunner Properties Ltd v Dean [2004] EWCA Civ 376 Venture Finance plc v Mead [2005] EWCA Civ 325

micah-hardy
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Civil Procedure

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  1. Civil Procedure Appeals Enforcement

  2. Appeals • “the slip rule”. CPR 40.12(1) • court can also “vary its own orders to make the meaning and the intention of the court clear” (PD40B.4). • Roadrunner Properties Ltd v Dean [2004] EWCA Civ 376 • Venture Finance plc v Mead [2005] EWCA Civ 325 • 52.7 (Re Uddin (a child) [2005] EWCA Civ 52 )

  3. Appeals • County Court • DJ to Circuit Judge • Circuit Judge to High Court Judge • High Court • Master/Costs Judge/DJ to High Court Judge • High Court Judge to Court of Appeal • Exceptions • “second appeals” from the County Court • Appeals against committals for contempt (Hurst v Barnet LBC [2002] EWCA Civ 1009) • “final decisions” in multi-track matters are to the Court of Appeal. (PD52.2A.3) – (Scribes West Ltd v Anstalt) [2004] EWCA Civ 965 • “leapfrog appeals” under ss12 and 13 of the AJA 1969 from the High Court to the House of Lords on important points of law (52.14)

  4. Appeals • For permission to be granted: • a real prospect that the appeal will succeed or • (exceptionally) that the appeal raises a point of law of • appeals against case management decisions: • does the point raised justify the costs of an appeal? • Will the delay be justified by the hearing of the point? • Does the point need to be determined at this stage or can it be dealt with after the trial? • (PD 52.4.4)

  5. Appeals • To get permission – request orally • Can be set aside (52.9) • Appellant’s notice – file within 14 days of the date of the decision of the lower court or whenever the lower court directs (52.4). • If more than 14 days is required permission should be sought from the lower court when the decision is given (PD52.5.19) • Form N161 is used to set out the appeal notice for all appeals up to the CA – see PD 52.3.2 for the required contents. Various other documents (PD 52.5.6) must also be sent

  6. Appeals • Respondent’s notice (Form N162) - if the respondent wants the court to • vary the order of the lower court in any way • uphold the earlier decision for different or additional reasons from those given earlier • must be filed and served 14 days from service of the appellant’s notice unless a different time was specified • contents are set out in PD 52.

  7. Appeals • Skeleton arguments are to be provided by both appellants and respondents (Form N163 – see PD52.5.10 and 5.11. • to be filed at the same time as the app’s or resp’s notice even if there is no resp’s notice (apart from in small claims – PD 52.7.6 and 7.7A)

  8. Second appeals (52.13) • permission of the Court of Appeal is required • The appellant must show: • The appeal would raise an important point of principle or practice (Voice & Script International Ltd v Alghafar [2003] EWCA Civ 736) • Or there is some other compelling reason for the CA to hear it • Uphill v BRB (Residuary) Ltd [2005] EWCA Civ 60 • Vellacott v The Convergence Group Plc [2005] EWCA Civ 290 • can determine the issue of permission with or without a hearing (“blitz courts”) • the parties should co operate in compiling a bundle of authorities relied upon in the appeal to be filed at the Civil Appeals Office not less than 28 days before the hearing. • The CA is usually comprised of 3 judges but can be 2 (SCA 1981 s54(5)

  9. Appealing to the House of Lords • issues regarding the administration of civil procedure should not be referred to the HL apart from in exceptional circumstances (Callery v Gray [2002] UKHL 28) • Permission can be granted by the CA or the HL after considering:P • a point of law of general public importance or; • there was a degree of dissent amongst the lower courts • likely to succeed • See AJA (Appeals) Act 1934. • Procedure is governed by the HLPD (White Book vol 2 sec 4A.)

  10. Enforcement • Execution RSC O 46(fieri facias),CCR O26 r1 – 7. 15 (warrant of execution) • an order for seizure and sale of the debtor’s goods • Only goods belonging to the judgment debtor and not on HP • Not items necessary for the judgment debtor’s business/work • Not clothing, furniture etc necessary for the basic domestic needs of the debtor (and family)

  11. Enforcement • Third Party Debt Order CPR 72 an order that a third party who owes the debtor money should pay that money direct to the creditor • Only those debts owed solely to the judgment debtor

  12. Enforcement • Charging Order (CPR 73) • allows a charge to be placed against the judgement debtor’s assets for the benefit of the judgement creditor • can only be sought in the High Court if the original judgement debt is in excess of £5,000

  13. Enforcement • Attachment of earnings order CCR O27 • an order requiring the debtor’s employer to make payments form the debtors wages to pay the debt • Debt of £50 or more in the County Court only • Not for self employed debtors

  14. Enforcement • Committal • RSC O 52, CCR O 29 • Sequestration • RSC O 46 r5

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