Civil Advocacy Other

Question 1

Summary judgment tip:

Answer 1

Test:

• No real prospect of success.
• No other reason the case should proceed to trial.
  -> for the second one, if you have an indication of exact costs, say that there is enough evidence here for judgment to be entered for that amount.
  + Mention overriding objective here ‘‘the applicant has provided enough evidence here to enter judgment in accordance with the overriding objective - fairly and at a proportionate cost’’.

Question 2

If a wet room is being installed and the installer messed it up, what law can be relied upon?

Answer 2

Contract (entered into contract to do so) and breached an express/implied term.
+
Consumer Rights Act. Failed to carry out the work with reasonable skill and care.
+
Defense for the handyman: even though yes it was to be carried out with reasonable care and skill, there was an express/implied term in the contract that said the homeowner should not use it like x.
Or, that they were not actual terms of the contract because it took place before the discussions/was vague etc, and were not meant to be part of the contract.

The other party should’ve taken more steps to have those oral terms incorporated into the contract.

Question 3

Setting aside default judgment tip:

Answer 3

Say the D. is very sorry for not filing acknowledgment of service + that they tried to contact their solicitor as soon as possible to rectify it (if applicable) + if the default judgment would be set aside, the other party would suffer no real prejudice and it would be in line with the overriding objective to do so.