Dispute Resolution Flashcards
(16 cards)
Summary judgment
CPR 24.2:
The Court may give summary judgment against a C or D on the whole of a claim or on an issue if—
(a) it considers that the party has no real prospect of succeeding on the claim, defence or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial.
Default judgment
CPR 12.3:
a) period for filing an AOS/defence expired at time of judgment
b) claim not admitted/satisfied by the D
c) no strike out/summary judgment application made by the D
Setting aside default judgment (mandatory grounds)
The mandatory grounds are set out in CPR 13.2:
a) time limit for AOS/defence not expired
b) AOS/defence filed in time
c) D satisfied claim
d) D made application to strike out/summary judgment
Setting aside default judgment (discretionary grounds)
The discretionary grounds are set out in CPR 13.3:
a) D has a real prospect of successfully defending the claim
b) It appears to the Court that there is some other good reason why the judgment should be set aside or the D allowed to defend the claim.
Any application to set aside must be made promptly. Also apply Denton (2014) test.
Strike out
CPR 3.4(2)-conditions are:
a) statement of case discloses no reasonable grounds for bringing or defending the claim
b) the statement of case is an abuse of the Court’s process and likely to obstruct the just disposal of proceedings
c) failure to comply with a rule, PD or order
Relief from sanctions
Denton (2014) test:
a) Identify seriousness/significance of the breach. If neither, relief should be granted.
b) Consider why the default occurred.
c) Evaluate all the circumstances of the case (overriding objective and compliance with rules, PD and orders)
Security for costs
CPR 25-conditions:
a) having regard to all the circumstances, it is just to make an order
b) one or more of the prescribed conditions are satisfied:
-C is resident outside of the jurisdiction
-C is an impecunious company
-C has taken steps to make enforcement difficult (moved assets etc)
Interim injunction
Granted where it is just and convenient. American Cyanamid guidelines:
- Is there a serious question to be tried?
- Would damages be an adequate remedy?
- Balance of convenience-consider potential harm to both C and D if the injunction is granted or refused.
Maintains status quo if the factors are evenly balanced.
Often the applicant will provide an undertaking in damages to the respondent, in the case the granting of the injunction proves to be unjust.
Interim payment
CPR 25.23-any of the following conditions are satisfied:
a) The D has admitted liability to pay damages/another sum of money to the C
b) C has obtained judgment for damages TBA
c) if the claim went to trial, C would obtain judgment for a substantial amount of money
Court may only make an order of a reasonable proportion of the likely amount of the final judgment-CPR 1.1 and overriding objective.
Add/substitute a party to proceedings after end of relevant limitation period
CPR 19.6-conditions:
a) relevant limitation period was current when proceedings were started; and
b) the addition or substitution is necessary. It is only necessary if:
-new party is to be substituted for a party who was named in mistake
-the claim cannot be properly carried on against the original party unless the new party is added or substituted
-the original party has died or had a bankruptcy order made against them
Amendments to name of party
Sardinia Sulcis (1991) test:
-Has the intended D been identified in the statements of case by reference to a description more or less specific to the particular case?
If there is a genuine mistake such as causes no reasonable doubt as to the identity of the party in question, Court can allow.
If the party named in the claim form in mistake for the new party but has been adequately described, Court can allow.
If not adequately described, Court has no power to allow.
Specific disclosure
CPR 31.12:
- Evaluate all of the circumstances of the case
- Consider overriding objective
- Consider compliance with previous Court orders
Court can make a specific disclosure order in cases where it is reasonable to suppose that it:
a) will assist the applicant’s case or damage the respondent’s case
b) may lead to a train of enquiry that will assist the applicant’s case or damage the respondent’s case
Pre-action disclosure
CPR 31.6-conditions are:
a) respondent likely to be a party to proceedings
b) applicant likely to be a party to proceedings
c) respondent’s duty by way of disclosure would extend to the documents sought
PAD is desirable in order to dispose fairly of anticipated proceedings and save costs.
Non-party disclosure
CPR 31.7-conditions are:
a) documents sought are likely to support applicant’s case or adversely affect another party’s case
b) disclosure of the documents is necessary to dispose of claim and save costs
Norwich Pharmacal Order
Norwich Pharmacal Co (1974):
- Wrong has been carried out
- Need for an order to enable action against the wrongdoer
- Respondent is more than a mere witness/bystander
Permission to appeal
CPR 52.6-conditions are:
a) The Court considers that the appeal would have a real prospect of success; or
b) There is some other compelling reason for the appeal to be heard
