Advocacy DR Flashcards
(5 cards)
What is the test for security for costs? (CPR 44)
Court must be satisfied that having considered all the facts of the case it is just to make the order AND one of the following applies:
1) C resides outside jurisdiction and not in a country covered by CPR convention
2) C is a company incorp in or out of UK and there is reason to believe it will be unable to pay D costs
3) C has changed address since bringing claim with view to evading consquences of lit
4) no address or incorrect address on claim form
5) C acting as a nominal claimant and reason to believe will be unable to pay Ds costs if ordered.
6) D has taken steps re assets that would make it difficult to enforce order for costs against him
7) enactment permits court to require security
COurt will also consider if the order will deter the C from bringing the case and if so is this in interests of justice, D would want to emphasise that it would not and that case weak
What is the overriding objective under CPR?
overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases;
f) promoting or using alternative dispute resolution; and
(g) enforcing compliance with rules, practice directions and orders.
What are the 3 elements for Denton and when it is it used?
Court must apply Denton test when they are considering an application for relief from sanctions (can be financial or procedural sanctions e.g. summary judgement)
1) identify and assess the seriousness and significance of the non-compliance
2) consider why the breach occurred
3) evaluate all circumstances of the case so the application is dealt with fairly
