Default & Summary Judgments, Striking Out & Discontinuance

Question 1

What is default judgment?

Answer 1

A judgment without a trial.

Question 2

When can a default judgment be entered?

Answer 2

• failure to respond properly to the service of proceedings within time.
• a response not being in accordance with court rules

Question 3

What is the effect of a default judgment?

Answer 3

• specified sum

- an amount to be decided by the court later

Question 4

How can a default judgement be set aside? What are the grounds?

Answer 4

Mandatory grounds : judgment was wrongly entered on the basis of

• a default in the acknowledgement of service or defence
• the whole or part of the claim had been paid before judgment was entered

Discretionary grounds

• D has a real prospect of successfully defending the claim
• there is some other good reason to do so.

Question 5

What is a summary judgment?

Answer 5

A judgment made against another party summarily

Question 6

Reasons for summary judgment?

Answer 6

• a party believes that the opponent does not have real prospects of succeeding on the whole/part of the claim;
• there is no compelling reason why the claim should be disposed of at trial;.

Question 7

Requirements for summary judgment?

Answer 7

notice must be served on the other party within 14 days

Question 8

When should an applicant file and serve their written evidence?

Answer 8

at least 3 days before the hearing

Question 9

What is the deadline for a response to an application for summary judgment?

Answer 9

7 days before the hearing

Question 10

What are the possible reasons for which the court could strike out a claim?

Answer 10

• there are no reasonable grounds for bringing forth a claim;
• the claim would be an abuse of the court’s process;
• there has been a failure to comply with a rule/PD/court order

Question 11

What is the effect of a claim being struck out?

Answer 11

payment of costs and the court could grant judgment

Question 12

What is discontinuance?

Answer 12

the act of a claimant terminating all legal action against:

• the whole of the claim
• part of the claim
• all of the defendants
• some of the defendants

Question 13

Does a Claimant need permission to discontinue a claim?

Answer 13

no

Question 14

When will a Claimant require permission in relation to discontinuance?

Answer 14

when they discontinue a claim after D has filed a defence and they wish to bring a new claim but it has substantially similar facts to the initial case.

Question 15

When can D apply to set aside discontinuance? (time limit)

Answer 15

no more than 28 days after service of the notice.