Dispute Oral structures

Question 1

Application for summary judgement

Answer 1

1) intro etc
2) grounds
- no real prospect of success (more than fanciful)
- other compelling reason (complexity of case)
3) costs

Question 1

application to set aside default judgement

Answer 1

(seeking relief)
a) real prospect of succeeding the claim, defence or issue

b) compelling reason why the case or issue should be disposed of at trial
(maybe denton)
(always promptness)

costs

Question 2

always add in applications seeking relief

Answer 2

1) denton
2) overriding principle of dealing w cases justly and at proportionate costs
3) timing
4) costs

Question 3

denton

Answer 3

1) assess seriousness of breach
2) causes of breach
3) all circumstances of the case (prejudice suffered by def, by claimant…)

Question 4

application for default judgement

Answer 4

1) mandatory: (14 days since PoC and no acknowledgement or 28d since acknowledgement and no defence) OR whole claim satisfied before judgement

2) discretionary: no real prospect of defending/succeeding + no other good reason

Question 5

application setting aside default judgement

Answer 5

1) mandatory (actually did respond etc = costs for claimant because incorrectly applied)

2) discretionary: real prospect of success +/ some other compelling reason
+
denton
+
overriding objective

Question 6

application for interim payment

Answer 6

1) one of the grounds (admitted liability/found liable/likely to win if proceeded to trial)

COURTS DISCRETION

2) why should be granted now - explain why should not wait until trial (WILL SUFFER HARDSHIP)
+
appropriate to make order

3) what amount is being sought and why its appropriate(!!! court must be satisfied on balance of probs - looking at time until trial + amount of money + if it would delay or prejudice trial)

4) amount must be reasonable proportion of final judgement (up to 90% - accounting for contributory neg)

Question 7

application for interim injunction

Answer 7

1) damages will not suffice
2) serious question to be had
3) balance in covenience in granting (who would suffer more harm if it was granted or not)
4) ability to deal with cross undertaking

Question 8

whats american cynamid

Answer 8

grounds for interim injunction

1) damages will not be sufficient remedy (monetary terms)

2) serious quest of law (must demonstrate have reasonable likelihood of success on the merits of the case)

3) balance of convenience lies in granting application (more harm will be suffered if its not granted)

4) any special factors

5) ability to uphold cross undertaking

Question 9

grounds for freezing injunction

Question 10

grounds for search order injunction

Answer 10

1) really serious harm
2) have incriminating evidence
3) will not be able to reach it otherwise

Question 11

grounds for relief of sanctions

Answer 11

1) promptness of application
2) denton (seriouness, cause, all circumstances of case and prejudice suffered)
3) would it be appropriate to grant relief

Question 12

what are the grounds under “would it be appropriate to grant relief”

Answer 12

1) need for litigation to be condicted efficiently
2) need for litigation to be conducted at proportionate cosys
3) need to enforce compliance

Question 13

part 25 application

Answer 13

1) grounds:
a) claimant outside 2005 Hague Convention state
b) claimant impecunious company
c) claimant has taken steps to make enforcement difficult

2) justness of order
a) strength of claim v defence
b) claimant’s abiity to provide security in general
c) claimant’s cause of impecuniosity
d) assets available in the jurisdiction
e) timing or the order? ASAP?

Question 14

grounds to strike out statements of case

Answer 14

1) it discloses no reasonable grounds for binging or defending the claim

2) its an abuse of court’s process

3) there has been a failure to comply with a rule, practice direction or court order

Question 15

dealing with costs

Answer 15

• if you win say i would like you to address opponent to pay costs (as the defendant has been successful, I urge you that the appropriate order to make is that the claimant pays the defendant costs of X)
• as i have lost i understand my client shall be paying the claimant’s (?) cost

Question 16

what to always add in intro

Answer 16

1) introduce yourself, who you represent - basic overview of claim in 2 lines

2) check for bundle and if need a further summary

3) what are the CPR grounds

4) does court have discretion

5) whats the burden (hope to persuade you on balance of probs that)

5) identify all the issues you’ll approach

(at the end costs)