The case now commences with interlocutory matters, which is the time before the trial that involves deliberations between Hollie and her solicitor. During the interlocutory matters, one of the main objectives, besides collecting all the facts, is the gathering of the evidence. Now, as stated in the case situation, the important evidence is hidden in the Chelsea warehouse hideaway. Hollie must obtain an Anton Piullar Order to give her the right of a civil search warrant, This will allow Hollie and a member of the law enforcement to find the necessary evidence claim it as property to the court. The hooligans will not find out when this warrant is issued and will therefore not have the proper notification to move the evidence elsewhere.
The njext step for Hollie would be to obtain a Mareva Injunction, which is a pre-trial injunction restraining Gregg and his gang from dealing with their assets in ways that will be detrimental to Hollies interests pending trial. In this case, this sanction would focus on Adventurous Aaron. Aaron owns a large shipment of raw materials waiting to be transported to Korea. If Hollie were to obtain the injunction, Aaron would not be able to partake in this business venture, and it is possible for Hollie to collect from Aaron for the valued amount of these assets. If Aaron were to send these goods abroad, it is not guaranteed that Hollie wuld see any cash at all. However, Aaron can appeal this injunction based on economic grounds.
The trial now moves to the commencing proceedings. During these procedures, a fully outlined and formatted claim of Hollie’s case is created to display exactly what grounds Hollie has for her legal actions. This step begins with a writ, an official document that contains Hollie’s pleadings. She displays who she is suing for what and why. Hollie’s statement of claim needs to be extremely well presented. This is the document in which states exactly what law was broken, in this case breach of copyright, as well as the exact copyright number and date. It also includes the claim and amount she is seeking. When creating this claim, she should first ask for an injunction to stop the Gang from producing any more clothes, stopping them from capitalizing on Hollies goods.
After the writ has been completed, it is now important that the gang of hooligans is notified and are completely aware that they are being sued. This is done through the fulfilment of an acknowledgement of service, in which all the defendants must acknowledge that they are being sued and have received all the necessary writ information about the case. If the gang members to do not return the acknowledgement of service to the court, they assume liability and are proclaimed guilty. Therefore, it would be in their best interest to respond timely and correctly if they feel they have a shot at a fair case. If the court does not receive any word or acknowledgement that the defendants have received the write in 14 days, the summary judgement occurs, which is the judgement in favour of Hollie. Hollie will be awarded the full amounted stated in her statement of claim.
If the gang follows the rules of an acknowledgement of service and a summary judgement does not occur in Hollie’s favor, then civil procedure continues into the discovery period. At this point, the two sides exchange evidence. This process must be straight forward and by the books. Both the defendants and the plaintiffs must present all pieces of evidence that they wish to use during the proceeding trial. There can be no evidence used in a case that is not presented during this time period. However, an exception to this rule is only if compelling evidence is found that could not have been produced earlier, for example in medical cases.
The first step in commencing proceedings before the trial begins is payment into the court. In this step, the Gang would have the option of offering a sum of money to Hollie without proceeding in the trial. If they feel they would lose, they can offer a pound amount that they feel Hollie would accept but would still be lower then the amount that turns up in court. If Hollie chooses to take this amount, there is no need for a trial. If she chooses to deny it the trail continues. However, if she does choose to deny this set amount, and the judge makes a settlement amount that is less then what the Gang offers, it is Hollie’s responsibility to pay all the court fees for both sides. Therefore, the hottie must think twice before rejecting the amount offered.
So in this case, Hollie rejects the amount offered, and the trial begins. The gang members all receive their subpoena, forcing them by law to how up in court on the designated day.. If they fail to do so, they are found in contempt of court and can go to prison. Once everyone is in court, procedure begins. The court procedure is an adversarial process, with one side presenting its case and then the other, beginning with the plaintiff. In this case, Hollie, as the plaintiff, has the burden of proof. This means that Hollie must present strong evidence because it is her duty to prove the gang members guilty, not the opposite. This goes along with the standard of proof. Hollie must present enough important evidence that will prove her claims to be exactly correct, outweighing the Gang’s claims of innocence. This is also calledf the Balance of Probabilities.
The court procedures are standard. Hollies counsel gives an opening statement and follows with their first witness. The interrogation of the witness is used to get the facts out and provide evidence to back up Hollie’s claims. However, the test to each witness comes with the defendants cross examination. Each story by the witnesses needs to hold true against the cross examination to gain any weight for Hollies case. Each witness is cross examined, and then re- examined by Hollie’s counsel, in an effort to restore validity to their case. Once the plaintiff has present all of his witnesses, the same process is followed by the defendants. The case then concludes with closing statements. Since the plaintiff opens the case, the defendants have the last word before the judge deliberates his decision.
The judge then returns with his verdict. The final decision includes the payment liabilities for the losing side. If Hollie turns out to be victorious, the judge displays the Gang’s full liability. This is where the rules of the payment into court come into play. However, in this case, there is a good chance that the amount will be much higher. If this proves to be the case, Hollie is awarded in the form of financial compensation and an injunction that puts a hault on the distribution and sale of all TAT’s. Since the gang partook in matters that were against the law, the sum awared to Hollie will be much higher then the actual pound amount she had lost to begin with.
The case does not conclude there. Getting the decision from the judge is just half the battle. The other half is actually obtaining the amount designated. There is a number of ways to make this occur. This part of civil procedure is called the enforcement of judgement. Hollie would primarily be interested in a Garnishee order. This order created by the court is used to force the transfer of money from the defendant to the plaintiff. In this case, Greg is supposed to earn a large sum of money from his sales. The order would force the transfer of this money from Greggs bank account to Hollies. This would eliminate the possibility of Greg using this money before Hollie earned it. Another useful enforcement method is an attachment of earnings, in which part of every paycheck earned by the defendant is given to Hollie. This would be directed to Media Marissa, since she does not have any savings, but earns a very large paycheck each year.
Another enforcement method is charging order on Land. This method is best for Jovial Jamie’s case. The charging order on land forces Jamie to sell the house and land in order to pay Hollie back what she is owed. However, the mentally challenged child, Barry, must be taken into consideration when using this enforcement. In this case, Hollie would ask for a Writ of Feiri Facias, which means that the court will take Jamies valuables and possessions rather then the house and land itself, taking the mentally retarded son out of danger and letting him still live in his home.
Another method of enforcing the judgment is a charging order on securities. Chelsea Charles has bought a large amount of shares in Chelsea Football Club. By obtaining this charging order, Cool Chelsea Charles would require his stock be sold, and the proceeds given to Hollie. A different enforcement is a charging order on partnership property. This would need to be used to collect damages from Perfect Pauline, partner in the ownership of a Beauty Salon. When collecting from Pauline, only her part of the partnership can be penalized, leaving her partners share untouched.
Alex ‘The Ape is a rare case that must be looked into. Alex is a man of straw, meaning he has nothing of value that could be used to pay damages to Hollie. Therefore, it is useless to even sue him and waste the court’s time and everyone’s money.
This concludes the proper civil procedure of the case of Hot Hollie vs Gangster Gregg and his gang of hooligans. Hollies claims against the gang are very strong. She had an abundance of evidence and strong witnesses. If the above steps were followed flawlessly, there is no doubt that Hollie would be able to retain the amount of money that is owed to her, and punish the gang in the rightful manner.
This is especially important for Adventurous Aaron, since he owns a large shipment of raw materials waiting be transported to Korea. Although defendants can challenge the injunction on economic grounds, such as Aaron claiming that the raw materials when finished will be worth significantly more, and allow him to pay remedies to Hollie if due, once the goods leave the jurisdiction, there is no assurance of payment.