Civil Procedure Rules: interim applications

Question 1

CPR 3.1(3)

Answer 1

Unless Orders
What? The court says ‘do X or else’.
Unless the defendant does something then X wont happen
e.g. Unless the defendant files their witness statement in 7 days, they cant use their witness statement

Question 2

CPR 3.4(2)

Answer 2

Strike Out
What? A statement of case is thrown out.
Test: does the statement of case (particulars of claim or defence) do they disclose no reasonable grounds or are they an abusive process
If the test is met then the statement of case is struck out

Question 3

CPR 12.3(1)

Answer 3

Default Judgment
What? Judgment due to procedural default.
When the defendant fails to file their defence in the 14 or 28 days (Depending if they file an acknowledgement of service)
Judgement in default (because the defendant hasn’t done what they should have done)
This is an example of an interim order/remedy
Test: has the defendant filed their defence
Default judgement – easy way to win a case without considering who is right and wrong as the defendant hasn’t done what they were supposed to do

Question 4

CPR 24.2

Answer 4

Summary Judgement
What? Judge decides case at an early hearing.
Where one of the parties has no real prospect of succeeding – we could then get the courts to decide the case now in the applicants favour if this test is met

Question 5

CPR 25.1

Answer 5

Other Interim Remedies
Interim declaration (declaration or decision of court which would last until the final hearing)

Question 6

CPR 25.12

Answer 6

Security for Costs

What? C is ordered to pay money into court.