CPR 12-18 Flashcards
In which three type of claim is default judgment not available?
a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 19741;
(b) where he uses the procedure set out in Part 8 (alternative procedure for claims); or
(c) in any other case where a practice direction provides that the claimant may not obtain default judgment.
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In which circumstances (as opposed to types of claims) is default judgment not available?
When the defendant has applied to have the claimant’s statement of case struck out under rule 3.4 or for summary judgment under Part 24 and, in either case, that application has not been disposed of.
When should a claimant apply for, rather than request, default judgment?
- In a claim where there is a remedy that is not simply the payment of money
- In a claim where the claimant is seeking costs that aren’t fixed costs
- In a claim against a child or protected party
- In a claim in tort by one spouse against another
What is the test for setting aside default judgment?
The Court may set aside default judgment if the defendant has a real prospect of successfully defending the claim;
OR
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
What must a Court take into account when deciding whether to set aside default judgment?
In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
Does Part 15 ‘defences’ apply to Part 8 claims?
No
The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to how many extra days?
28
Does Part 15 ‘defences’ apply to Part 20 counterclaims?
Yes
If a Claimant wishes to serve a reply to a Defendant’s defence, when should they do so?
(a) File the reply with a directions questionnaire; and
(b) Serve the reply on the other parties at the same time as it is filed
Does Part 16 ‘Statements of case’ apply to Part 8 claims?
No
When can a party amend a particulars of claim without permission?
Before he has served them on the other side
What are the two situations in which a party may amend their statement of case if it has been served on the other parties?
- If the Court gives permission
2. If all parties agree
When will the Court allow an amendment of a statement of case after the limitation period for the action has passed?
- To correct the name of a party
- To add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
What should a party do who seeks further information about another party’s statement of case? What about timescales?
Before making an application to the court the party should first serve on the party from whom it is sought a written request for that clarification or information stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.
What are the principles a party should seek to abide by when making a request for further information?
A Request should be:
- Concise
- Strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.
