Default Judgement Flashcards
In which three type of claim is default judgment not available?
- the Consumer Credit Act 1974.
- Claims where the alternative procedure for claims is used.
- Cases where a practice direction prohibits default judgment.
If you have applied for…
In which circumstances (as opposed to types of claims) is default judgment not available?
applied for:
-strick out under rule 3.4
or summary judgment under Part 24
When should a claimant apply for, rather than request, default judgment? 4 questions
- In a claim where there is a remedy that is not simply the payment of money
- In a claim where the claimant is seeking costs that aren’t fixed costs
- In a claim against a child or protected party
- In a claim in tort by one spouse against another
What is the test for setting aside default judgment?
The Court may set aside default judgment if the defendant has a real prospect of successfully defending the claim;
OR
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
What must a Court take into account when deciding whether to set aside default judgment?
In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
John has filed a claim against Jane under Part 8 of the CPR, seeking a declaration that he is the rightful owner of a piece of land. Jane files a defence and also raises a counterclaim, arguing that she has a superior claim to the land. Can Jane use the defences available under Part 15 to challenge John’s claim?” Why
The defences available under Part 15, which relate to summary judgment, are not directly applicable to Part 8 claims. However, Jane can still raise various defences to challenge John’s claim under Part 8, including arguing that the claim is not suitable to be dealt with under Part 8 or that there are procedural defects in the claim. Jane can also raise any legal defences that may be relevant, such as a limitation defence or an argument that the claim is an abuse of process.
You are a legal professional working on a case between a defendant and a claimant. As you review the relevant rules, you come across a provision that allows the parties to agree to extend the period for filing a defence. Specifically, under rule 15.4, the parties may agree to an extension of up to how many extra days beyond the standard deadline for filing a defence?
28
Does Part 15 ‘defences’ apply to Part 20 which deals with ‘counterclaims’?
Yes. while there are some differences between the rules in Part 15 and Part 20, the defences set out in Part 15 generally apply to counterclaims brought under Part 20, but additional requirements specific to counterclaims must also be met.
You are a paralegal working for a law firm that is handling a civil case in which your client has made a claim against a defendant. The defendant has filed a defense, and now you need to advise your client on when they should serve a reply to the defendant’s defense.
In this situation, what would be the appropriate time and process for your client to serve the reply to the defendant’s defense?
- Along with a directions questionnaire and
- On all the other parties at the same time it is filed.
Part 8 is Simpler claim process
Does Part 16 ‘Statements of case’ apply to Part 8 claims?
No,In summary, while Part 16 sets out the rules for filing a statement of case in a claim proceeding under the normal procedure, those rules do not apply to claims brought under Part 8 of the CPR. Instead, Part 8 sets out its own rules for filing a claim and providing a statement of case.
When can a party amend a particulars of claim without permission?
Before he has served them on the other side
Two situations
What are the two situations in which a party may amend their statement of case if it has been served on the other parties?
- If the Court gives permission
2. If all parties agree
2 Scenerios
When will the Court allow an amendment of a statement of case after the limitation period for the action has passed?
- To correct the name of a party
- To add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
What should a party do who seeks further information about another party’s statement of case? What about timescales?
Before making an application to the court the party should first serve on the party from whom it is sought a written request for that clarification or information stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.
A request should be:
What are the principles a party should seek to abide by when making a request for further information?
A Request should be:
- Concise
- Strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.
