Dispute Resolution - Oral Tests

Question 1

What can a party apply for summary judgement on?

Answer 1

Whole or part of a claim / defence

Question 2

What is the test for summary judgement?

Answer 2

1) No real prospect of success
2) No other compelling reason

Question 3

What does real prospect mean in summary judgement?

Answer 3

More than fanciful – must have a genuine chance

Question 4

What does compelling reason mean in summary judgement?

Answer 4

Need for full investigation. Need for cross-examination / Disputed facts.

Question 5

What must a summary judgement be supported by?

Answer 5

Evidence (e.g. witness statements)

Question 6

What is the test for default judgement?

Answer 6

Failed to file:
1) Acknowledgement of service within 14 days of service of claim form
2) Defence within 14 days (or 28 if Acknowledgement served)

Question 7

When is default judgement not available?

Answer 7

1) Claim is non-monetary relief
2) D is child / protected party without litigation friend
3) Claimant not complied with pre-action protocols
4) Claimant already applied for summary judgement

Question 8

What will court consider if defendant applies to have default judgement set aside?

Answer 8

1) Real prospect of defence
2) Promptness of application

Question 9

In what circumstances can strike out of statements of case be applied?

Answer 9

1) No reasonable grounds for bringing / defending claim
2) Abuse of court’s process
3) Non-compliance with a rule, PD or order

Question 10

What constitutes no reasonable grounds for bringing / defending a claim in strike out?

Answer 10

Fanciful, incoherent or doesn’t disclose a cause of action

Question 11

What are the tests of an interim payment?

Answer 11

1) D has admitted liability, or
2) C has obtained judgement on liability, or
3) It’s likely C will obtain judgement for substantial sum of money

Question 12

What must court be satisfied regarding quantification to allow interim payment?

Answer 12

Amount requested is reasonable proportion of likely final judgement and application supported by evidence

Question 13

At what stage can a party apply for interim payment?

Answer 13

Only after proceedings have been issued, not before

Question 14

What is the application requirements for specific disclosure?

Answer 14

1) Party failed to comply with disclosure obligation, and
2) Court considers it just and proportionate to order
3) Likely to support / undermine a party’s case

Question 15

What could a court order in specific disclosure?

Answer 15

1) Disclosure
2) Search

Question 16

What are the grounds for specific disclosure?

Answer 16

1) Failed to comply with duty of disclosure
2) Reasonable grounds to believe it exists / existed
3) Relevant to the case

Question 17

What is the test for relief from sanctions called?

Answer 17

The Denton Test

Question 18

When is relief from sanctions test applied for?

Answer 18

If a party fails to comply with a rule, PD or court order

Question 19

How many stages in the Denton test?

Answer 19

3

Question 20

What is the Denton Test stages? (Relief from Sanctions)

Answer 20

1) Identify and assess the seriousness and significance of the breach
2) Explain why the default occurred
3) Evaluate all the circumstances of the case (just and fair to relief?)

Question 21

What would make a breach more serious?

Answer 21

If it affected a hearing, for example

Question 22

What is the test for amending statements of case?

Answer 22

1) It is just and fair to do so
2) Necessary to resolve issues
3) It causes no unfair prejudice to other party

Keep in mind overriding objective (proportionate cost)

Question 23

When might court allow amendment post-limitation?

Answer 23

If a new claim arises from the same facts

Question 24

What is the test for an interim injunction called?

Answer 24

American Cynamid Test

Question 25

How many steps in the interim injunction test?

Answer 25

5

Question 26

What are the steps of the interim injunction test?

Answer 26

1) Serious question to be tried 2) Damages would not be adequate remedy 3) Balance of convenience 4) Status quo 5) Undertaking in damages must be available

Question 27

What is a serious question to be tried in interim injunction test?

Answer 27

Must not be frivolous or vexatious claim

Question 28

What is meant by damages would not be adequate remedy?

Answer 28

If monetary compensation does not address the harm

Question 29

What is meant by undertaking in damages must be available for interim injunction?

Answer 29

Claimant must agree to compensate defendant if wrongly restrained

Question 30

What is the balance of convenience in interim injunction test?

Answer 30

Must consider which party would suffer greater harm from granting/refusing the injunction

Question 31

When can a defendant apply for security for costs?

Answer 31

If one of the conditions below apply: 1) Claimant resident outside of jurisdiction 2) Claimant is company or LLP and reason to believe wont be able to pay D’s costs if ordered 3) Claimant has changed address to evade consequences 4) Claimant has taken steps to put assets out of reach 5) Claimant has failed to give correct address

Question 32

What do you call a County Court District Judge?

Answer 32

Judge

Question 33

What do you call a Circuit Judge in the County Court?

Answer 33

Your Honour

Question 34

What do you call a High Court Judge in the Civil Division?

Answer 34

My Lord / My Lady

Question 35

What do you call a Court of Appeal Judge in the Civil Divsion?

Answer 35

My Lord / My Lady

Question 36

Other than test for setting aside default judgement, what other test should you explore and why?

Answer 36

You should explore the Denton Test aswell, as setting aside default judgement is effectively application for relief aswell

Question 37

In every single application, what should you keep in mind?

Answer 37

The Overriding Objective - Deal with cases justly and at proportionate cost

Question 38

What are the different tracks in order from lowest to highest?

Answer 38

1) Small claims track 2) Fast track 3) Intermediate track 4) Multi-track

Question 39

What is value of small claims track?

Answer 39

Up to £10k, unless Personal Injury (£5k)

Question 40

What are conditions of Fast Track?

Answer 40

1) Up to £25k 2) Trial likely to last no longer than 1 day 3) Expert limited to one per party per field up to 2 fields

Question 41

What are conditions for intermediate track?

Answer 41

1) £100k+ 2) No longer than 3 day trial 3) 2 experts per parties 3) Max 3 parties