Legal Procedures

CONTENTS

Introduction

• Candidates' expectations.
• Objectives of the day - Why go legal?
• The legal process in the UK.

Making the Decision

• Factors leading to the decision to sue.
• Knowing the defendant.
• Alternatives and options explored.
• Weighing the evidence.
• Retention of Title.

Legal Proceeding (in the County Court)

1. Summons preparation
venue - summons issue - the praecipe - claim statement - court fees.

2. Serving the summons
service - how - procedures - problems with service what happens after service - options available to the debtor/defendant - liability or counterclaim - time limits.

3. Hearings and reviews
disposal hearing - pre-trial review.

4. Judgement and legal enforcement
enforcement against the debtor - how to enter judgement.
judgement execution by Sheriff or Bailiff.
attachment of earnings - garnishee procedure.
bankruptcy - charging orders - appointing a receiver.

High Court Procedure
The 'specially endorsed writ' - service.
Procedures after service - default procedure - defended actions.

Winding up Petitions - Bankruptcy - Liquidations - Administration Orders
Types of company - the legal trading entity.
Factors leading to bankruptcy explored.
Options available to the debtor in financial difficulty.
Options available to the creditor if the debtor is unable to pay.
Factors leading to the decision to effect a winding-up order.
Winding-up procedure/process - Benefits and opportunity.
Pari-passu.

Bank Receiver
Appointing a receiver - Powers and duties.
Responsibilities to the debenture holder.

The Official Receiver
Powers and responsibilities - Meeting of creditors.

Conclusion and Familiarisation Exercises
Documentation familiarisation - Review of all proceedings.
Test cases/situations.

Forms Competion - The Various Stages
Exercises.