MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
A judgment debtor owes £300,000 on a High Court judgment. He is about to start a new job with a
substantial salary, is about to sell his car, and is soon to sell his house. You have been asked to advise
the judgment creditor.
Which one of the following is probably the most effective method of recovering this judgment debt?
Select one:
A. Charging order.
B. Writ of control.
C. Attachment of earnings.
D. Third party debt order.
ANSWER: [A] If a charging order can be made before the house is sold, the judgment debtor will have to pay
off the judgment debt at the time of the sale. Unless the house is heavily mortgaged, as the sale is expected in
the near future, this is most likely to raise the substantial sum required to pay off this judgment. While enforcing
against the car is sensible, unless the car is very expensive, the likelihood is that its value will be substantially
less than this judgment of £300,000. [B] does have some real merit, because once the car is sold this method
of enforcement will be lost, unless the judgment debtor buys another car. While attachment of earnings is
possible, the case will have to be transferred to the County Court for enforcement, and the order is likely to
result in payment by instalments. Overall, a charging order is the method most likely to be effective.
The correct answer is: Charging order.
,Question 2
The defendant in a County Court claim failed to comply with the requirements of Practice Direction
Pre-action Conduct and Protocols. Today the claim has reached trial, and judgment has been entered
for the claimant. The District Judge trying the claim has decided to impose a sanction on the
defendant.
Which one of the following is the maximum sanction that can be imposed in relation to interest?
Select one:
A. 10 per cent per annum above base rate.
B. 8 per cent per annum above base rate.
C. 10 per cent per annum.
D. 8 per cent per annum.
Answer: [A] PD Pre-action Protocols.
The correct answer is: 10 per cent per annum above base rate.
,Question 3
Which of the statements numbered (i) to (iii) about requests for further information is/are CORRECT?
(i) Requests for further information may only be made by the parties to the claim.
(ii) Requests for information may seek to clarify a matter which is in dispute in the proceedings
or to seek additional information in relation to such a matter.
(iii) Requests for further information must be made as far as possible in a single comprehensive
document.
Select ONE of the following:
Select one:
A. (i) only.
B. All of them.
C. (iii) only.
D. (ii) and (iii) only.
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ANSWER: [D]. Statement (i) is incorrect. Any party or the court may serve a request for further information.
Statement (ii) reflects CPR r 18.1(1), and statement (iii) Both statements are correct, and [D] is the right
answer.
The correct answer is: (ii) and (iii) only.
, Question 4
A judgment creditor has obtained a judgment for £56,000. The judgment creditor wishes to enforce
against the judgment debtor’s belongings.
Which one of the following best describes the procedure that should be followed by the judgment
creditor?
Select one:
A. Your client needs to file a request, which will be dealt with administratively by the court staff.
B. Your client needs to file a request, which will be considered by a District Judge on the papers without a
hearing.
C. Your client needs to issue an application notice, which is made without notice and will be dealt with by a
court officer without a hearing.
D. Your client needs to issue an application notice, which will be considered by a District judge at a hearing
on notice to the judgment debtor.
Feedback
Answer [A].
The correct answer is: Your client needs to file a request, which will be dealt with administratively by the court
staff.
ANSWERS
Bar Professional
Question 1
A judgment debtor owes £300,000 on a High Court judgment. He is about to start a new job with a
substantial salary, is about to sell his car, and is soon to sell his house. You have been asked to advise
the judgment creditor.
Which one of the following is probably the most effective method of recovering this judgment debt?
Select one:
A. Charging order.
B. Writ of control.
C. Attachment of earnings.
D. Third party debt order.
ANSWER: [A] If a charging order can be made before the house is sold, the judgment debtor will have to pay
off the judgment debt at the time of the sale. Unless the house is heavily mortgaged, as the sale is expected in
the near future, this is most likely to raise the substantial sum required to pay off this judgment. While enforcing
against the car is sensible, unless the car is very expensive, the likelihood is that its value will be substantially
less than this judgment of £300,000. [B] does have some real merit, because once the car is sold this method
of enforcement will be lost, unless the judgment debtor buys another car. While attachment of earnings is
possible, the case will have to be transferred to the County Court for enforcement, and the order is likely to
result in payment by instalments. Overall, a charging order is the method most likely to be effective.
The correct answer is: Charging order.
,Question 2
The defendant in a County Court claim failed to comply with the requirements of Practice Direction
Pre-action Conduct and Protocols. Today the claim has reached trial, and judgment has been entered
for the claimant. The District Judge trying the claim has decided to impose a sanction on the
defendant.
Which one of the following is the maximum sanction that can be imposed in relation to interest?
Select one:
A. 10 per cent per annum above base rate.
B. 8 per cent per annum above base rate.
C. 10 per cent per annum.
D. 8 per cent per annum.
Answer: [A] PD Pre-action Protocols.
The correct answer is: 10 per cent per annum above base rate.
,Question 3
Which of the statements numbered (i) to (iii) about requests for further information is/are CORRECT?
(i) Requests for further information may only be made by the parties to the claim.
(ii) Requests for information may seek to clarify a matter which is in dispute in the proceedings
or to seek additional information in relation to such a matter.
(iii) Requests for further information must be made as far as possible in a single comprehensive
document.
Select ONE of the following:
Select one:
A. (i) only.
B. All of them.
C. (iii) only.
D. (ii) and (iii) only.
Feedback
ANSWER: [D]. Statement (i) is incorrect. Any party or the court may serve a request for further information.
Statement (ii) reflects CPR r 18.1(1), and statement (iii) Both statements are correct, and [D] is the right
answer.
The correct answer is: (ii) and (iii) only.
, Question 4
A judgment creditor has obtained a judgment for £56,000. The judgment creditor wishes to enforce
against the judgment debtor’s belongings.
Which one of the following best describes the procedure that should be followed by the judgment
creditor?
Select one:
A. Your client needs to file a request, which will be dealt with administratively by the court staff.
B. Your client needs to file a request, which will be considered by a District Judge on the papers without a
hearing.
C. Your client needs to issue an application notice, which is made without notice and will be dealt with by a
court officer without a hearing.
D. Your client needs to issue an application notice, which will be considered by a District judge at a hearing
on notice to the judgment debtor.
Feedback
Answer [A].
The correct answer is: Your client needs to file a request, which will be dealt with administratively by the court
staff.
