CPR 22-24

Question 1

What 7 documents must be verified with a statement of truth?

Answer 1

1. A particulars of claim
2. A Defence
3. A reply to a request for further information
4. A witness statement
5. Claim form in Part 8
6. An acknowledgment of service for a part 8 claim
7. Any other document that PD requires

Question 2

If a statement of case is not verified by a statement of truth, what is the consequence for:

a) It’s effectiveness?
b) It’s evidential value

Answer 2

A SOC will remain valid if not verified by a SOT but its contents may not be relied upon as evidence

Question 3

What is the meaning of an “application notice”?

Answer 3

A document which states the intention of a party to seel a Court Order

Question 4

What is the general rule about service of an application?

Answer 4

An application notice must be served on each respondent

Question 5

What must an application notice include?

Answer 5

Notice of what order the applicant is seeking and the reason for seeking that order

Question 6

Unless a rule or PD requires otherwise, when should notice of an application be served?

Answer 6

As soon as possible, and at least 3 days before the Court is to deal with the application

Question 7

When a copy of an application notice is served, what two things should be attached?

Answer 7

1. A copy of any witness statement in support of the notice

2. A copy of the draft order which the applicant has attahced to his application

Question 8

In what three circumstances can an application be dealt with without a hearing?

Answer 8

1. The parties agree the terms of the order
2. The parties agree there is no need for a hearing
3. The court does not consider that a hearing is appropriate

Question 9

What is the test for summary judgment?

Answer 9

The Court may give summary judgment against a defendant or claimant if:
a) It considers that:
i) The Claimant has no real prospect of succeeding on the claim or issue
OR
ii) The Defendant has no real prospect of defending the claim or issue
AND
b) There is no other compelling reason why the case or issue should be disposed of at tiral

Question 10

True or false:

The Court can grant summary judgment against any claimant in any proceedings?

Answer 10

True

Question 11

True or false:

The Court can grant summary judgment against any defendant in any proceedings?

Answer 11

False

Question 12

In which scenario will a court not grant summary judgment against a defendant?

Answer 12

In proceedings for possession of residential premises

Question 13

A defendant can apply for summary judgment at any time. True or false?

Answer 13

True

Question 14

A claimant can apply for summary judgment at any time. True or false?

Answer 14

False

Question 15

A claimant cannot ever apply for summary judgment until the Defendant has filed an acknowledgment of service.

Answer 15

False. They can with the Court’s permission

Question 16

When can a claimant apply for summary judgment against a Defendant without the Court’s permission?

Answer 16

When a Defendant has served an acknowledgment of service or a defence

Question 17

Can summary judgment be applied for in third party claims?

Answer 17

Yes

Question 18

Can summary judgment be applied for in Part 8 claims?

Answer 18

Yes- but unlikely (24.3.5)

Question 19

Can summary judgment be based on a point of law, rather than the evidence?

Answer 19

Yes (PD24)

Question 20

Can summary judgment be based on the evidence?

Answer 20

Yes (PD24)

Question 21

How should the applicant for summary judgment serve the evidence?

Answer 21

The evidence in support of the application must either be contained in the application notice or be served with the application notice

Question 22

When should a respondent serve evidence before a summary judgment hearing?

Answer 22

At least 7 days before the hearing

Question 23

When should a applicant file written evidence in response to a respondent’s evidence?

Answer 23

At least 3 days before the hearing