Chap 6 Interlocutory Matters

Question 1

ADMISSION IN CLAIMS FOR PAYMENT OF MONEY

criteria ?

Requests for time to pay

Procedure where plaintiff rejects defensant’s proposal

Interest

Answer 1

Définition
Prescribed form
State intention to defend

Question 2

Summary judgment

• court power to give summary judgment
• cases in which the court has no jurisdiction to give summary judgement?
• conditions for application for summary judgment
• determination of terms of contract

Answer 2

Defendant has no defense
2 questions

Claims for libel slander malicious prosecution false imprisonment or seduction or allegation of fraud

Question 3

DISPOSAL OF THE CASE ON A POINT OF LAW

Answer 3

Any question of law or the construction of any document when it appears that is suitable for determination without a full trial and such determination will finally determine the entire cause or matter or issue

Question 4

JUDGMENT IN DEFAULT

• Judgment in default of acknowledgement of service

définition ?

Specified classe of claims

• Judgment in default of defense or other pleadings
• setting aside a Judgment in default

Answer 4

Hagen

Question 5

JUDGMENT ENTERED FOR NON COMPLIANCE WITH COURT ORDER

STRIKING OUT AND STAYING PROCEEDINGS
Grounds ?

INTERIM PAYMENTS
definition
Form

PROVISIONAL DAMAGES FOR INJURY

Answer 5

Order providing the consequences of non compliance including judgment in default

No reasonable cause of action
Scandalous frivolous vexatious
May prejudice embarrass or delay a fair trial of the action
Abuse of process of the court

Payment on account

Serious disease or serious deterioration in physical and mental condition

Question 6

CASE MANAGEMENT CONFERENCE

CMC timetable

Milestone dates

SECURITY FOR COSTS

Court power
Condition ?
Principles
Companies

CONSOLIDATION

Answer 6

1. Questionnaire
2. if agreement File consent summons
3. If no agreement, TTQ must contain proposals, P must take out a case management, summons returnable no less than 14 days
4. Court gives directions and fix timetable
5. Parties file Listing Questionnaire 7 days
6. P lodges CMC bundle 3 days

Ordinarily resident out of the jurisdiction
4 principles
For companies, 2 possible methods

Common question of law/same transaction or series of transactions

Question 7

DISCOVERY AND INSPECTION OF DOCUMENTS

Obligation to give D

Solicitors duty in relation to D

Court power to impose sanctions

D in particular proceedings

D against particular persons

Pre-action D

Norwich Phamacal D

Production and inspection of documents
Object and timing
Objections to production

Legal professional privilege LLP
Com with third parties : the dominant purpose test

Unintentional disclosure of privileged documents

Without prejudice com

Right of a party to redact irrelevant parts of a document

The implied undertaking not to use document for a collateral purpose

Answer 7

Définition?
Scope of obligations ?
Meaning of “documents”
Power to require services of a better list of documents
Power to order further and better D
Test of relevance
When is a doc in the possession custody or power ?
Obligation to give D is a continuing duty
Production must be necessary
Production of confidential documents

Parties to action
Third parties

Documents directly relevant to an issue

Order to disclose identity of wrongdoers/ additional info necessary to bring the claim

Production of documents referred to in pleadings, affidavits…
Serve notice / 4 days / 7 days
J
4 grounds for objection: LPP, public interest immunity, document tends to incriminate party or spouse, contrary to secrecy provisions in statute, oppressive in particular circumstances

LLP
Communication - legal advice - purpose of giving & receiving legal advice - during D and trial
Can be waived by client
A35 of Basic L
Fundamental condition on which the adm of justice as a whole rests
LLP
- extends to advice on how to present a case
- does not attach to communications made in order to obtain legal advice for a criminal purpose
- does not extend to legal advice by accountants on tax L
Dominant purpose of use in anticipated or pending litigation

privilege against self incrimination
Under HK L but discretion
Distinction between offense previously committed (protected) and under the course of committing (not protected)

Injunction requiring the return of the documents

WP
In the course of bona dude negotiations for the settlement of a dispute
Does not apply when perjury blackmail or other unambiguous improperty
Duty of counsel and solicitors

Question 8

INTERROGARIES

définition
Procedure
Factors

EXCHANGE OF WITNESS STATEMENTS

EXPERT EVIDENCE
Admissibility
Test for leave to adduce expert evidence
Court power to appoint single joint expert
Need to identify the issues
Code of conduct for expert witnesses

INTERLOCUTORY APPLICATIONS IN PROCEEDINGS IN CHAMBERS

Ex parte applications

Answer 8

Written questions necessary either for disposing fairly of the cause or for saving costs

Twice without order, than with leave of the court

Serve a clear litigious purpose
Must not be unreasonable, vexatious, prolix, oppressive or scandalous
Party must to the best of his knowledge, information and belief
Usually by affidavit

Expert evidence
Leave of court or agreement
2 stage test : admissible as expert evidence and evidence is relevant, ie helpful in arriving at decision on one or more of the issues to be resolved
Guiding criteria: necessity relevance and probative value (cogent, helpful, how much it would cost)
Discretion
Made at early stage
Essential

Ex parte applications
Utmost good faith
Affidavit evidence
Urgent applications