SGS 8 Interim Applications

Question 1

What is the first step for all interim applications?

Answer 1

Issue at court:
Application notice 
draft order
evidence 
fee

Question 2

Main steps?

Answer 2

Issue docs at court

serve on respondent

respondent serves evidence in response

Application serves evidence in reply

statement of costs from both parties

Question 3

When can a defendant make a summary judgement application?

Answer 3

only after proceedings have started (can’t get judgement on a claim unless there is a claim).

Question 4

What case law helps the first limb of the summary judgement test?

Answer 4

Swain v Hilman: real means realistic as opposed to fanciful prospect of success (not a mini trial).

International Finance Corp ‘real’ is more than merely arguable.

High threshold!

Question 5

For the second limb of the SJ test, what are some useful factors?

Answer 5

need (or not) for:
witnesses, 
expert evidence 
more time 
complexity 
public interest 
counterclaim 
CPR 1.

Question 6

What is the effect of:
C obtaining SJ
D obtaining SJ?

CPR?

Answer 6

C succeeds and claim is over (or part)

D wins and claim is as if C never issued (D compensated in terms of cost)

24 PD 5.1

Question 7

What is the effect of:
dismissal of application
conditional order.

Answer 7

claim continues

claim continues but certain conditions placed on C or D.

Question 8

Examples of the Defendant having no real prospect of successfully defending the claim?

Answer 8

Not investigated problem
Number of reasons for fault
C fulfilled contractual obligations

Question 9

Examples of defendant having a real prospect of successfully defending the claim and a compelling reason for matter to go to trial?

Answer 9

Raised problems as soon as practicable

expert evidence still required to assist.

OO - unjust to deal with matter at interim hearing.

Question 10

Question format for SJ?

Answer 10

What
who when
prove
conclude

Question 11

If the claimant applies for summary judgement, what will the statement of costs contain?

Answer 11

Cover the entire proceedings, in the event that such application is successful, and the claim ends with the application.

Question 12

What can the judge grant summary judgement over?

Answer 12

The WHOLE claim or only PART.