Advocates have rights of audience pursuant to s12 legal services act 2007
Under schedule 3 a person is exempt if
The person is assisting in the conduct of litigation -
Under instructions and
Under the supervision of that individual and
The proceedings are not reserved family and are being heard in chambers
Who are the supervising solicitors
Pete Blackmore and len crowder
LSA schedule 3 sub para 1(7) (b) (ii) provides
Instructions only need to be given generally , not for particular proceedings
S 13(1) LSA 2007 provides
The question of whether a person is entitled to carry on an activist which is a reserved legal activity is to be determined solely in accordance with the provisions of this act
Is there a requirement for LPC to be on record
No because the act does not mention it
LPC supervise by ensure the advocate is competent and has competently attended the hearing
LPC can go on the record but I should request a short adjournment and contact advocacy
Is mortgagee entitled to money judgment
Yes , Cheltenham & Gloucester building society v gratidge
Halborg v Apple
Advocacy is assisting in conduct of litigation
Regulatory function to look into solicitor supervision to advocates not court
Is creditor required to serve default notice on debtor
Yes and it is section 87 CCA 1974
Can you adjourn if section 36 not engaged for mortgage possession
No unless procedural adjournment as powers in s36 can only be exercised if mortgagor is likely to be able to pay the sums due in a reasonable period
What cost order if default judgment set aside for claimant
Claims brought for other breach such as
Repayable on demand
End of term mortgage
Bankruptcy
Death
When does mortgage pre action protocol not apply
Not Arrears and
Buy to let
Can court adjourn if negative equity
Cheltenham & Gloucester v Krausz
How many days does default notice allow debtor to remedy breach
14 days
How much of the total price of the goods much the debtor have paid to become protected goods
1/3
What is a time order
Section 129 Consumer credit act 1974
Southern and district finance plc v barnes - court must consider whether it is just to make. This involves considering all of the circumstances, including position of debtor and creditor
Read in conjunction with First National Bank v Syed
What is CPR 3.1(2)(a) and cpr 3.1(2)(b)
Courts power to extend time for compliance with orders
Courts power to adjourn a hearing
Bankruptcy bundle should include
Statutory demand
Affidavit of service of demand
Petition
Statement verifying the contents of the petition
Certificate of continuing debt
List of creditors intending to appear
When can the court dismiss bankruptcy petition
Unreasonable refusal
What is the CPR 21.10
What is the capped success fee amount that can be deducted from damages
25%
What are the discretionary grounds to set aside default judgment
Defendant has a real prospect of successfully defending the claim
Or
Some other good reason why
Must consider promptness
Relief from sanctions
CPR which allows oral update of figures
