Civil Advocacy Tests

Question 1

Summary Judgment Test

Answer 1

Judge has discretion to give summary judgment if can show:

• They have no real prospect of success.
• No reason why the case should continue to trial.

Question 2

Setting aside default judgment:

Answer 2

Discretionary set aside of judgment if:

• D. has real prospect of successfully defending the claim.

1. Was the breach serious?
2. Were the reasons for the breach excusable?
3. Should the D. be able to defend the claim in the interest of the overriding objective? (justly)

Question 3

Test for interim prohibitory injunction:

Answer 3

• Serious Q to be tried.
• Damages wouldn’t be an adequate remedy.

Question 4

Unless order test:

Answer 4

Unless order is ‘‘unless’’ the party complies with certain directions, a sanction will automatically take effect.

If applicant can show:

• the party is already in breach of a court order.
• the order is in line with the overriding objective of the court.

Question 5

Interim Payment

Answer 5

1. D. has filed acknowl of service.
2. Est at least one condition for an interim payment:
   (a) D. has admitted liability.
   (b) C. obtained judgment against D.
   (c) if it went to trial C. would obtain judgment for substantial amount of money.
3. Demonstrate that the sum requested is proportional to the damages.