Apply wk 1 C + M

Question 1

request for further information - CPR ?

Answer 1

CPR 18

Question 2

Request for information time frame

Answer 2

Reasonable time - usually 14 days

Question 3

Advantages of request for info

Answer 3

• quick
• cheap
• overriding objective

Question 4

strike out CPR ?

Answer 4

CPR 3.4

Question 5

conditions for strike out

Answer 5

2) The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

(c) that there has been a failure to comply with a rule, practice direction or court order.

Question 6

legal weight of a response to a request for further information

Answer 6

forms part of the defence

Question 7

strike out disadvantages

Answer 7

• expensive
• time consuming
• possible they could file a better defence before the court hearing

Question 8

summary judgment CPR ?

Answer 8

CPR 24.3

Question 9

grounds for summary judgmenet

Answer 9

• no reasonable propsect of successfully defending the claim
• no other good reason why it should proceed to trial

Question 10

summary judgment disadvantages

Answer 10

• expensive
• time consuming
• consider how likely the application is to succeed (what is the current state of the evidence?)