Pre-trial

Question 1

With notice interim app procedure

Answer 1

1. File notice + fee + evidence at court
2. Serve notice and issued docs at least 3 clear days before hearing
3. Statement of costs 24 hours before hearing

Question 2

Without notice interim app procedure

Answer 2

1. File docs at court
2. Hearing
3. Notify otherside
4. Another hearing (if setting aside within 7 days)

Question 3

Extended interim app procedure - claims and timings

Answer 3

Summary judgment & interim payment
1. File
2. Serve 14 days before
3. Defend 7 days before
3. Reply 3 clear days before
4. Statement of costs 24 hours before

Question 4

Summary judgment test

Answer 4

if weak claim or issue: court may end claim if:
1. No real prospect of success; and
2. No other good reason for trial

Question 5

Interim payment test

Answer 5

C wants money early
May grant if:
1. Ground: admitted, awaiting judgment, if claim went to trial C would be awarded a substantial sum (strong claim, substantial sum, reasonable proportion in light of mitigaton / contributory negligence)

Question 6

Interim injunction test

Answer 6

Court may grant if it would be just adn equitable
1. Serious case to be tried
2. Damages inadequate
3. R could be adequately compensated if wrongly entered (x undertaking)
4. Balance of convenience

Question 7

Security for costs test

Answer 7

D can request C pays money into court on account of costs if:
1. Ground: non-hague, moving assets, impecuinious company (genuine reason to believe unable to pay); and
2. Just to make an order in all the circs
- Vexatious
- Genuine claim?
- Inability to pay D’s fault?
- Promptness / delay

Question 8

Track allocation process

Answer 8

1. Court files notice of proposed allocation
2. parties file Directions Questionaire and proposed directions
3. May be an allocation hearing
4. Court issues notice of allocation

Question 8

Strike out test

Answer 8

Court may strike out all or part of SoC if one of following grounds exist:
1. No reasonable basis for claim / defence
2. Vexatious
3. Serious breach of practice direction or order

Question 9

Small, Fast, Intermediate or Multi track?

Answer 9

Small = 10k or under
Fast = 10-25k (1 day, 1 oral expert per party per field in max 2 fields)
Intermediate = £100k or less (3 days, 2 experts, 3 parties)
Multi = everything else

Question 10

Purpose of a CMC

Answer 10

Court makes directions order
Narrows issues
(ADR / compliance / steps to date)

Question 11

Preparation for CMC

Answer 11

ALWAYS: file Draft Directions 7 days before

if multi also:
21 days before: Costs budget
14 days before: Disclosure Report
7 days before: Budget discussion report

Question 12

App for relief from sanctions test

Answer 12

1. Serious and signfiicant
2. Reasons
3. OO = evaluate all circs to ensure court deals with matter justly and at proportionate cost