Default and Summary Judgment Flashcards
Three claims in which default judgment cannot be obtained
1) Claim for delivery of goods under CCA 1974
2) Part 8 claim
3) Where practice direction says so
Three scenarios in which an applicant cannot obtain default judgment
1) D has already applied (a) to have C’s statement of case struck out; or (b) for summary judgment, and that application has not been disposed of
2) D has satisfied the claim
3) C has brought a money claim AND D has filed an admission of liability and requested more time to pay
General rule for when default judgment can be sought
D has not filed an acknowledgement of service or defence, and the time period for doing so has expired
Three main cases in which default judgment has to be obtained by application, rather than by request
1) “any other remedy” (including equitable)
2) claim against child or protected party
3) tort claim against spouse/civil partner
When default judgment can be granted in a claim against multiple defendants
When the cases can be dealt with separately
Except for possession of land/delivery of goods, UNLESS judgment has been obtained against all parties
Conditions for when default judgment must be set aside
(1) conditions for default judgment were not met
(2) claim was satisfied by D before default judgment was ordered
Conditions for when default judgment may be set aside
(1) (a) D has real prospects of successfully defending the claim; OR
(1) (b) there is some other good reason why the judgment should be set aside or D should be allowed to defend the claim
AND
(2) D acted promptly in bringing the claim
The court will THEN consider Denton
Three stages of the Denton test (used when court is exercising its discretion to set aside default judgment)
1) Whether the breach was serious of significant
2) Whether there was a good reason for the breach
3) All the circumstances of the case
Three types of claim in which summary judgment cannot be brought against a defendant
1) possession proceedings against mortgagor
2) possession proceedings against protected tenant
3) proceedings for an admiralty claim in rem
Two conditions before summary judgment can be granted
1) C/D has no real prospect of success
2) There is no other compelling reason why the case should go to trial
What a notice for summary judgment should set out
1) identify the point of law relied on
2) set out the applicant’s belief that the conditions are met
Four orders a court can make on an application for summary judgment
1) judgment on the claim
2) strike out/dismissal of claim
3) dismissal of application
4) conditional order
Test for when a conditional order can be made on an application for summary judgment
POSSIBLE BUT IMPROBABLE
Where it appears to the court that it is possible that the claim/defence may succeed, but it is improbable that it will do so.
Two things a conditional order on an application for summary judgment can do
Require respondent to:
1) pay money into court
2) take a specified step
Five principles for the court when considering a conditional order on an application for summary judgment
1) no condition that R could not comply with, if they have real prospect of success;
2) burden on respondent to show non-compliance
3) it suffices for them to show that funds will be available, even if not now
4) no need for evidence to be adduced
5) power for court to make conditional order is wide - can be used even where real prospect of success if there is a history of non-compliance
