Unit 6 - Tactical Applications and Settlement Flashcards
(32 cards)
What is a summary judgement?
It’s the process when the court can decide the claim or certain issue without going into a full trial.
What’s the CPR for a summary judgement?
CPR 25
Is a summary judgement different from a default judgement?
Yes
What are the grounds for a summary judgement?
CPR 24.2
- D has no real prospect of succeeding on or defending the claim.
- No other compelling reason to try the case or issue.
What’s the aim of a summary judgement?
To make a quick determination of the case - save costs and avoid the whole long process of litigation.
What is C’s argument under the first ground in a summary judgement application?
D has no real prospect of succeeding or defending the claim at a point of law or the evidence may be lacking, etc or both.
What can D do to prevent a summary judgement from occurring under the first ground?
D would need to have more than an arguable case.
Their case has to be real rather than having a chance of winning - Swain v Hillman 1999
What may be the other compelling reasons (there’s 6) why a summary judgement can be obtained?
- D need to investigate further on the claim
- Difference in facts
- One party may hold all of the factual cards - one party may possess a majority of the evidence.
- Applicant’s conduct might be questionable - they are dishonest or devious (Miles v Bull)
- Case may be complex
- Case may be narrative/novel to the point of law
What should the application for the summary judgement include?
Application notice - form N244
Any supporting evidence
Draft order
Fee - £255
when can C apply for a summary judgement to occur during the litigation process?
After D has filed an AoS or defence except when court has given permission.
When can D apply for a summary judgement during the litigation process?
At any point of time.
What’s the CPR for an interim payment?
CPR 25
What’s an interim payment?
It’s when D is liable to pay and an advance payment is made due to damages, debt or other sum excluding costs.
When can C make an application for an interim payment?
After time for D’s AoS expires
What should C first do before making an application for an interim payment?
Liaise or negotiate with D or D’s insurance company
Can C make more than one application for an interim payment?
Yes
What else should be served alongside the interim payment application?
Evidence of:
- amount of payment they are demanding
- items or matters
- Likely amount of the final judgement
- Reasons they believe the grounds for the interim judgement has been satisfied
- Any other matters
If D or respondent wants to rely on written evidence on the interim application, how long should this be served before the hearing?
7 days
If the applicant (C) wants to rely on evidence, how many days before the hearing should this be served?
3 days before the hearing
What are the grounds that the C/Applicant should prove to have a successful interim payment application?
- D has admitted to being liable to pay damages
- C got judgement for their damages to be assessed
- Court is satisfied that if the case went to a full trial, C would obtain a substantial amount of money from D.
- 2+ Defendants - all D must be insured, number 3 or D is a public body.
If C is successful on their application for an interim payment, what options does the court have discretion to? there’s 2
- Whether to make an order at all
2. Amount of the order, if they want to make an order.
What’s the purpose of security for costs?
D can ask the court for their discretion and order the C to provide security for costs if the D is likely to defeat the claim and would be awarded.
What’s the CPR for security for costs?
25.12
What are the 5 grounds that D must prove to be able to obtain security for costs?
- C is based outside of the EU (25.13(2)(a))
- C is a company and is unable to pay for D’s cost (25.13(2)(c)
- C has made the enforcement to be difficult
- C is evasive (ie changing their address) 25.13(2)(d,e and g).
- C is nominal - suing on benefit for someone else 25.13(2)(f).
