Enforcement - Investigating Debtor's Means
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Questions and Answers

When should investigations about the debtor's means typically take place?

  • At the end of the action, post judgment
  • At the beginning of the matter (correct)
  • After the debtor's assets have been located overseas
  • During the enforcement phase

What is the primary source of information about the opponent in debt recovery?

  • Official copies from the Land Registry
  • The client who has done business with the opponent (correct)
  • Searching against other relevant registers
  • Enquiry agents' reports

What is the role of enquiry agents in debt recovery investigations?

  • They assist with asset location overseas
  • They gather extensive information on individuals or companies (correct)
  • They provide official copies from the Land Registry
  • They conduct company searches

Which activity is NOT typically mentioned as part of investigating a debtor's means?

<p>Searching against irrelevant registers (B)</p> Signup and view all the answers

Why should a reputable firm be instructed when using enquiry agents?

<p>To avoid any misconduct being imputed to the solicitor (C)</p> Signup and view all the answers

When should investigations about the debtor's means be updated or repeated?

<p>After the action has ended and post judgment (B)</p> Signup and view all the answers

What information is included in the Register of Judgments, Orders and Fines?

<p>Debtor's name, address, and amount of outstanding debt (B)</p> Signup and view all the answers

How long do County Court judgments remain registered on the Register of Judgments, Orders and Fines?

<p>Six years (A)</p> Signup and view all the answers

What can a judgment debtor do to have an entry on the Register of Judgments, Orders and Fines cancelled within one month?

<p>Request cancellation at their own discretion (C)</p> Signup and view all the answers

When a judgment is satisfied after one month, what can the judgment debtor obtain to prove payment?

<p>Certificate of satisfaction (C)</p> Signup and view all the answers

Which type of judgments are recorded on the Register of Judgments, Orders and Fines since April 2006?

<p>High Court judgments (A)</p> Signup and view all the answers

What specific information about the debtor can be found by checking the Register of Judgments, Orders and Fines?

<p>Outstanding judgments against them (B)</p> Signup and view all the answers

What is the purpose of using the procedure in CPR 71 to obtain information from the judgment debtor?

<p>To assist in identifying the judgment debtor's assets for enforcement purposes (A)</p> Signup and view all the answers

In the context of enforcing a judgment against a judgment debtor with assets abroad, what is a possible course of action according to the text?

<p>Using the English courts to enforce the judgment in the foreign jurisdiction (A)</p> Signup and view all the answers

What is a key feature of the conventions and treaties that the UK is a signatory to for enforcing judgments abroad?

<p>They enable judgments from one country to be enforced in another through registration (D)</p> Signup and view all the answers

When can judgments from a court of England and Wales be enforced in a foreign jurisdiction under reciprocal arrangements?

<p>When the foreign jurisdiction is part of a reciprocal arrangement with England and Wales (D)</p> Signup and view all the answers

What is the primary mechanism used for enforcing judgments between countries under the conventions and treaties mentioned?

<p>System of registration enabling enforcement as if local judgments (B)</p> Signup and view all the answers

In enforcing foreign judgments in England and Wales, what is required according to the text?

<p>Necessary application and registration processes with English courts (B)</p> Signup and view all the answers

What happened to many reciprocal agreements after the UK's withdrawal from the EU (Brexit)?

<p>They ceased to apply to judgments instituted after 31 December 2020. (B)</p> Signup and view all the answers

Under which circumstance would the enforcement of judgments be much more difficult under the common law?

<p>When the country concerned is not a party to any regime. (A)</p> Signup and view all the answers

In which situation does the Hague Convention on Choice of Court Agreements apply to English and Welsh judgments in EU states?

<p>Only when the English court had jurisdiction under an exclusive choice of court agreement. (C)</p> Signup and view all the answers

What determines whether a judgment can be enforced abroad under the common law regime?

<p>The common law of the country where enforcement is sought. (C)</p> Signup and view all the answers

How are judgments from former Commonwealth countries and other countries treated in terms of provisions?

<p>They fall under different provisions depending on the foreign jurisdiction involved. (C)</p> Signup and view all the answers

What is emphasized as necessary when enforcing an English judgment abroad under common law?

<p>Seeking advice from a local lawyer in the foreign country. (B)</p> Signup and view all the answers

What must be obtained to enforce a foreign judgment in England & Wales under common law?

<p>A judgment from an English or Welsh court (B)</p> Signup and view all the answers

When can a judgment creditor apply for a certified copy of the judgment for enforcement in foreign countries?

<p>After appealing the foreign judgment (C)</p> Signup and view all the answers

What procedural step should be taken after identifying the foreign jurisdiction and applicable regime?

<p>Following relevant procedure under the CPR (B)</p> Signup and view all the answers

In which situation would a judgment creditor issue proceedings for non-payment of a debt?

<p>When seeking to enforce a foreign judgment in England &amp; Wales under common law (C)</p> Signup and view all the answers

What is required to support the application for a certified copy of a judgment before enforcement in foreign countries?

<p>Written evidence exhibiting claim form, statements of case, and evidence served on defendant (B)</p> Signup and view all the answers

What type of judgment is needed before applying for summary judgment under CPR 24 for enforcing a foreign judgment in England & Wales?

<p>Final judgment with no appeal in the foreign court (A)</p> Signup and view all the answers

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