Civil_Procedure_Flashcards_Brainscape
(32 cards)
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What does Order 22, Rule 2(1) allow when no defence is filed?
Plaintiff may apply for default judgment if defence is not filed within 10 days.
What judgment is entered for a liquidated claim under Order 22?
Final judgment in favour of the plaintiff.
What judgment is entered for an unliquidated claim under Order 22?
Interlocutory judgment pending damage assessment.
Under what rule can the court set aside a default judgment?
Order 41 – on valid excuse, triable defence, and prompt application.
Which case supports setting aside default judgments for fairness?
Evans v. Bartlam [1937] AC 473 (HL) – emphasizes justice over technicalities.
What orders support reactivation of a case after 13 months?
Orders 41 (Inherent Powers), 22 (Defaults), and 23 (Amendments).
What must accompany a motion to reactivate a dormant case?
Affidavit explaining delay, proving no abandonment, and showing merit.
What factors does the court consider in reactivation?
Length/cause of delay, promptness, conduct, public interest.
What rule supports disposal of cases on points of law?
Order 17 – includes res judicata and abuse of process.
What case established the rule against piecemeal litigation?
Henderson v. Henderson (1843) 3 Hare 100.
What are the five hallmarks of res judicata?
Same parties, subject matter, cause of action, final judgment, competent court.
What is issue estoppel?
Bars re-litigation of an issue already decided, even with a new cause of action.
What happens under Order 13 if no appearance is entered?
Plaintiff may apply for default judgment after 14 days.
What rule allows setting aside judgment for failure to appear?
Order 41 – court’s inherent powers.
What must the affidavit include in an application to set aside default judgment?
Reason for default, triable defence, prompt filing.
What are the court’s considerations in setting aside judgment?
Was default wilful? Is defence arguable? Will plaintiff be prejudiced?
What defects can be corrected under Order 31, Rule 4?
Formal defects like names, titles, or dates.
What happens to affidavits with substantive defects?
They must be re-sworn – cannot be amended.
What steps allow cross-examination of a deponent?
Motion seeking leave, court discretion if facts are disputed.
What allows amendment before pleadings close?
Order 23, Rule 1(1).
What order allows the court to amend errors in justice?
Order 23, Rule 7.
What orders grant courts inherent powers to correct defects?
Orders 41 and 31, Rule 4 (formal defects only).
Which Orders support case management and initiation?
Orders 5, 10, 12, 21, and 4.
