AI test Flashcards
(22 cards)
What is required for a claimant to succeed in a summary judgment application?
The claimant must show that the defendant has no real prospect of successfully defending the claim, and there is no other reason why the case or issue should be disposed of at trial.
What must a defendant demonstrate to set aside a default judgment?
The defendant must show either that they have a real prospect of successfully defending the claim or that there is some other good reason why the default judgment should be set aside.
What is a mandatory requirement for setting aside a default judgment?
Mandatory if default judgment was wrongly entered, e.g., when the time for filing acknowledgement of service had not yet expired.
What grounds must a defendant show for security for costs?
The defendant must show that the claimant is a resident outside the jurisdiction, a company unable to pay costs, has changed address to evade litigation, failed to provide an address, is acting as a nominal claimant, or has taken steps regarding their assets making enforcement difficult.
What must a claimant establish for an interim prohibitory injunction?
The claimant must show:
* There is a serious question to be tried
* Damages would not be an adequate remedy for the loss
* The balance of convenience lies in favor of the injunction.
What is required for a court to issue an unless order?
The party must show that the other party is in breach of a court order, and they have complied with the order; the unless order must be in the interest of the overriding objective.
What can lead to a strike out of a claim or defense?
The statement of case discloses no reasonable grounds for bringing/defending the claim, the claim or defense is an abuse of process, or there has been a failure to comply with a court order.
What factors does the court consider for relief from sanctions?
The court considers:
* Seriousness of the non-compliance
* Reasons for the breach
* All circumstances to deal with the case justly.
What must be shown for an adjournment or stay of proceedings?
The application must be prompt, explain why it is necessary, and show why it is in the interest of the overriding objective.
What does the track allocation hearing determine?
The judge has discretion to allocate a track based on factors like value, protected party, personal injury, complexity, and subject matter/evidential issues.
What conditions must be met for an interim payment?
Conditions include:
* Defendant has admitted liability
* Claimant has obtained judgment
* Claimant would obtain substantial judgment if the claim went to trial.
What is the court’s discretion regarding the exclusion of visual ID evidence?
The court can exclude evidence if it has an adverse effect on the fairness of the proceedings under s.78 PACE.
What are the breaches of ID procedures relevant to excluding visual ID evidence?
Breaches include:
* Not considering reasonable objections
* Not keeping witnesses away from the suspect
* Not keeping witnesses apart
* Not warning that the suspect may not be shown.
What burden does the prosecution have regarding the admissibility of a confession?
The prosecution must prove beyond reasonable doubt that the confession is not unreliable.
Under what conditions is hearsay evidence admissible?
Hearsay is admissible if it falls under exceptions such as:
* Under statute
* By rule of law
* By agreement of the parties
* In the interests of justice.
What are the seven gateways for the admission of a defendant’s bad character evidence?
The gateways include:
* All parties agree it is admissible
* Adduced by the defendant
* Important explanatory evidence
* Relevant to an important matter in issue
* Substantial probative value
* Corrects a false impression
* Defendant attacked another’s character.
What is the court’s general discretion regarding the exclusion of evidence?
The court can exclude evidence under s.78 PACE if its admission would adversely affect the fairness of proceedings.
What must be considered for bail applications?
Bail can only be refused if one of the exceptions applies and there is a real prospect of a custodial sentence.
What factors are reviewed when considering bail?
Factors include:
* Nature and seriousness of the offence
* Strength of evidence
* Defendant’s character
* Compliance with conditions on bail.
What must a plea in mitigation include?
The plea must consider the seriousness of the offence, starting point for the sentence, aggravating and mitigating factors, and whether sentences should be concurrent.
What must the prosecution prove in a submission of no case to answer?
The prosecution must prove the defendant’s guilt and that all elements of the offence are made out.
What factors does the court consider when deciding whether to accept jurisdiction?
The court considers the adequacy of its sentencing powers, including the maximum sentences it can impose.
