Dispute Resolution

Question 1

Define mediation

Answer 1

Independent third party discusses the case with the parties

It is confidential (without prejudice)

Agreement is not binding

Question 2

Define arbitration

Answer 2

Substitute for litigation

Arises when:
1. Parties are contractually bound to use arbitration; or
2. Parties may agree to arbitration and can choose their own arbitrator with relevant expertise

Once the third party has reached their decision, it is binding on both parties

Winning party may apply to the High Court for permission to enforce the arbitration award as if it were a court judgement

Question 3

What is the limitation period for a cause of action in contract/tort

Answer 3

6 years from the date of the cause of action
- Tort = when tort is committed (negligence = when damage occurs from breach)
- Contract = as soon as breach of contract occurs

Question 4

What is the limitation period for personal injury?

Answer 4

3 years from the cause of action/date of knowledge

Question 5

What is the limitation period for latent negligence?

Answer 5

1. 6 years from date of cause of action
2. 3 years from date of knowledge of damage
3. No later than 15 years after the date of negligent act/omission

Question 6

What is the pre-action procedure for debt claims?

Answer 6

Claimant must give full information on debt owed along with:
1. Reply form
2. Information sheet
3. Financial Statement forms

Given 30 days to respond

Question 7

What is the pre-action procedure for professional negligence claims?

Answer 7

Claimant should send a Preliminary Notice containing:
1. Claimant
2. Brief outline of claimant’s grievance
3. General indication of financial value of potential claim

Defendant has 21 days to acknowledge this in writing
- Letter of Response admitting allegation/not
- Letter of Settlement

If a LoR is given but there is no LoS, then the claimant can start court proceedings

C should follow up preliminary notice with a letter of claim giving full details of the issues and attaching the relevant forms to the letter

Question 8

If the defendant cannot be served in E&W, when can permission from the court be obtained to serve them outside of the jurisdiction?

Answer 8

1. When the contract was made/breached in E&W, is governed by English law or contains an agreement conferring jurisdiction on English courts
2. When the act causing the damage in tort was committed in E&W/the loss was sustained there

Question 9

When must a claim be commenced in the County Court and what should the statement of value read on the claim form?

Answer 9

Less than £100,000

For specified claims, state the value
- Excluding interest

For unspecified claims:
a) Not more than £10,000
b) More than £10,000 but not more than £25,000
c) More than £25,000

Question 10

When can a claim be commenced in the High Court and what should the statement of value read on the claim form?

Answer 10

If the claim is more than £100,000
- £50,000 for PI claims
- Helps case of starting claim in HC if it involves complex facts/points of law and the outcome is important to the public

For unspecified claims:
“Claimant is expected to recover more than £100,000”

Question 11

What are the 5 methods of service of a claim form?

Answer 11

1. Personally
   - Partnership = partner/person with control/management of partnership
   - Company = senior person
   - Limited company = registered office
2. First class post/DX
3. Leaving at specified place
4. Fax
   - Number included on party’s headed paper is not sufficient
   - On the solicitor’s letterhead, it is sufficient
5. Alternative method authorised by the court

Question 12

What is the time limit for serving the claim form once it has been issued?

Answer 12

4 months

Question 13

When is service deemed to have been made for documents other than the claim form?

Answer 13

Personal service/delivering to permitted address/fax/email = if served before 4:30 on a business day, on that day; if not, on the next business day

First class post/DX = second day after it was posted provided that day was a business day; if not, the next business day

Question 14

What is the limitation period to serve a claim form out of jurisdiction?

Answer 14

6 months from when the claim form is issued
- Notice should be served with the claim form setting out the ground on which the claimaint is entitled to serve outside the jurisdiction together with evidence that E+W is the proper forum

For Scotland/NI, do not need the permission of the court
- For other countries, you do

Question 15

When can a default judgement be made?

Answer 15

Court must be satisfied that:

1. Particulars of claim have been served on the defendant
2. Defendant has not filed an acknowledgement of service form/defence within the time period

Question 16

When may a default judgement be set aside?

Answer 16

Mandatory grounds: Judgement was wrongly entered

Discretionary grounds: (a) defendant has a real prospect of successfully defending the claim (b) there is some other good reason why the defendant should be allowed to defend the claim

Any application to set aside a default judgement must be made promptly

Question 17

How can a party dispute the jurisdiction of a claim?

Answer 17

It must be stated on the acknowledgement of service (there is a box to tick)

Have 14 days after filing the acknowledgement of service to make a separate challenge

Question 18

What is the limitation period for a defendant to file a defence?

Answer 18

D must file an acknowledgement of service within 14 days

If so, D has 28 days from service of particulars of claim to make a defence

If not, 14 days from service of particulars of claim

Question 19

What is the limitation period for filing an acknowledgement of service?

Answer 19

14 days from when the Particulars of Claim are served

Question 20

When must a particulars of claim form be served on the defendant?

Answer 20

Within 14 days of the claim form being served

Question 21

When must a defence to a counterclaim be filed?

Answer 21

Within 14 days
- 28 days if extension has been agreed with the defendant

Question 22

What must be done for an amendment to a statement of case
a) Before expiry of limitation period
b) After expiry of limitation period

Answer 22

Before:
1. Written consent of all parties; or
2. Permission of court
- File statement of case with proposed amendments together with an application notice
- Try and strike a balance between injustice suffered if amendment is refused with injustice the opposing party may suffer if it is granted

After: must be to either
1. Add/substitute a new claim if arises out of (substantially) the same facts
2. Correct a genuine mistake as to the name of the party
3. Alter the capacity in which a party claims

Question 23

What should an interim application include and when should it be served?

Answer 23

On form N244

Should include:
1. Factual information/evidence in support
2. Anticipate opponent’s case
3. Attach a draft order

Must be served as soon as reasonably practicable, and as a long stop, at least 3 days before hearing

Question 24

When can a summary judgement be given?

Answer 24

1. Court considers that:
   a) Claimant has no real prospect of succeeding on the claim; or
   b) Defendant has no real prospect of successfully defending their claim; and
2. There is no compelling reason why the case should be disposed of at trial

Question 25

What is the procedure for applying for a summary judgement?

Answer 25

Form N244

Claimant cannot apply for a summary judgement until the Defendant has file an acknowledgement of service or a defence
- Unless the court gives permission that they can apply before this

Respondent must:
1. Be given 14 days’ notice of hearing date
2. File and serve written evidence at least 7 days before the hearing
3. If the applicant wishes to rely on further evidence, they should file and serve this at least 3 days before the hearing

Question 26

When can interim payment be sought and what are the grounds?

Answer 26

Can be sought after acknowledgement of service has expired
- Should try obtaining a voluntary interim payment through negotiations first

Grounds:
1. Defendant has admitted liability
2. Claimant obtained judgement against D for damages to be assessed/sum of money
3. If the case went to trial, claimant would obtain a substantial amount of money
- For this ground, the burden on C is high
- Must prove on the balance of probabilities that they will succeed at trial in obtaining a substantial amount of money

Interim payment sought must be a reasonable proportion of likely final judgement

The order must not cause unfair delay or prejudice to the fair conduct of the trial

Question 27

What is the overriding objective with regards to case management?

Answer 27

To enable the courts to deal with cases justly and at proportionate costs

Question 28

What financial values (and any other factors) determine what track a case will be allocated?

Answer 28

1. Small claims: less than £10,000
2. Fast track: between £10,000 - £25,000
   - The trial is expected to last no longer than a day (5 hours)
3. Multi-track: for claims more than £25,000

Do NOT take into account
- Contributory negligence
- Interest
- Costs
- Any sum not in dispute

Question 29

When must a cost budget be filed?

Answer 29

Claim is less than £50,000 = filed with the directions questionnaire

Claim is more than £50,000 = no later than 21 days before the first CMC

Question 30

What is the consequence of a party failing to file their costs budget on time?

Answer 30

The party will automatically be treated as having filed a cost budget only consisting of court fees

The party will not be able to recover any of it’s legal costs, unless the court grants relief to sanctions

Question 31

What factors are taken into account when a relief from sanctions is being considered by the court?

Answer 31

1. Is the breach serious or significant?
2. Was there a good reason for breach?
3. Evaluate all the circumstances of the case

Question 32

What types of documents fall within standard disclosure?

Answer 32

Documents which:
1. The party relies upon
2. Adversely affect their own/another party’s case
3. Support another’s case

Question 33

In the list of documents for disclosure, what types of documents should go in each part?

Answer 33

Part 1 = documents which are within the parties control and which can be inspected
- These should be allowed to be inspected within 7 days of a written request from the other party

Part 2 = In party’s control but there is an objection to inspection

Part 3 = Not privileged but no longer in the party’s control

Question 34

What does legal professional privilege cover?

Answer 34

Confidential communications between lawyer and client for the sole/dominant purpose of giving/receiving legal advice

Question 35

When would litigation privilege apply?

Answer 35

1. Between lawyer or client and a third party
2. Where the dominant purpose is to obtain legal advice/evidence/information
3. For use in litigation, which at the time was existing/pending/reasonably in prospect

Question 36

When would specific disclosure be requested?

Answer 36

When disclosure was inadequate

Order can be to:
1. Disclose a specific document
2. Carry out a search

Question 37

When is pre-action disclosure permitted?

Answer 37

1. Respondent is likely to be a party to subsequent proceedings
2. Applicant is also likely to be a party
3. Respondent would be obliged to disclose the relevant documents if proceedings had started already; and
4. Disclosure is desirable to fairly dispose of proceedings and save costs

Question 38

When would non-party disclosure be ordered?

Answer 38

1. Where documents in question are likely to support the applicant’s case/adversely affect the case of another party; and
2. Disclosure is necessary to dispose fairly of the claim and save costs

Question 39

What is the general rule for serving a witness statement?

Answer 39

Must be served on other parties, setting out all the facts which the witness would be allowed to give orally at trial

If the statement is not served, witness would not be able to speak at trial, unless court gave their permission

Question 40

What is the difference between an affidavit and a witness statement?

Answer 40

Affidavits are sworn in front of solicitor/other authorised person rather than signed by a statement of truth

Question 41

What is the general rule and exception regarding witness evidence?

Answer 41

General rule = admissible if relevant; opinion is not admissible

Exception = an opinion can be admissible if it is anchored to the perception of facts

Question 42

In what circumstances will a party need to serve notice when using hearsay evidence?

Answer 42

Notice does not need to be served if the person who gave the hearsay evidence is going to court to give evidence
- Only if the person who made the hearsay evidence is unable to go to court and provide evidence does notice need to be served

Question 43

When is it appropriate to appoint a single joint expert?

Answer 43

Where:
1. It is not proportionate to have separate experts
2. SJE is likely to assist in resolving the issue quickly/in a cost-effective way
3. Unlikely to be a range of expert opinion

Fast track = usual for SJE to be appointed

Multi-track = common for parties to instruct their own experts

Question 44

What is the deadline for serving a witness summons and what is needed for it to be reasonable?

Answer 44

Must be served at least 7 days before the date on which the witness is required to attend trial

To be reasonable, witness should be offered/paid:
a) Sum reasonably sufficient to cover expenses in travelling to and from court; and
b) Compensation for loss of time

Failure to attend could mean a fine for the witness or, in High Court proceedings, they could be imprisoned for contempt of court

Question 45

What is the deadline for filing a pre-trial checklist? What happens if one or both parties fail to meet the deadline?

Answer 45

Filed at court no later than 8 weeks before trial date

Both parties fail = 7 days to file otherwise claim/defence/counterclaim will be struck out

One party fails = court will fix a hearing date

Purpose is to ensure the parties have complied with all the directions given and make sure the case is ready for trial

Pre-trial hearing may be ordered for trials likely to last more than 10 days
- Judge will personally check matters
- Iron out glitches to not waste court’s resources

Question 46

When do trial bundles need to be filed by?

Answer 46

7-3 days before start of trial

Usually prepared by claimant’s solicitor

Should not include interim payments/Part 36 offers

Question 47

Define a hostile and unfavourable witness

Answer 47

Unfavourable = interprets the situation in a different way

Hostile = unwilling to support the party who called them
- Can ask judge to declare witness hostile, allowing the advocate to undermine witness’s credibility/cross-examine them as if they were a witness for the other side

Question 48

What are the grounds for permission to appeal?

Answer 48

1. Real prospect of success; or
2. There is some other compelling reason for the appeal to be heard

General rule = permission to appeal is made both to the lower court and the appeal court

Question 49

What are the time limits for appealing:
a) A CC/HC decision
b) From CoA to SC

Answer 49

a) 21 days
b) 28 days

Question 50

If the decision is made by the following judge, where will the appeal be made to:
a) District judge of CC
b) Master/district judge of HC
c) Circuit judge
d) High Court judge

Answer 50

a) Circuit judge of CC
b) High Court judge
c) High Court judge
d) CoA

Question 51

What is the process for granting a leapfrog appeal?

Answer 51

1. Grant of leapfrog certificate by trial judge; and
2. Grant of permission to appeal by SC

Question 52

What are the grounds for appeal?

Answer 52

Appellate court are persuaded that the decision of the lower court was:
1. Wrong; or
2. Unjust because of serious procedural irregularity in proceedings of lower court

Only the lower court’s decision will be reviewed
=> the entire case will not be heard again
- Usually will be no fresh evidence, unless the appeal court orders it

Question 53

What is the procedure for determining costs in:
a) Small claims
b) Fast track
c) Multi-track

Answer 53

a) Legal costs are not recoverable, only disbursements

b) Costs are summarily assessed

c) Detailed assessment of costs

Question 54

What is the procedure for a summary assessment of costs?

Answer 54

Court should, unless there is good reason to do so, make a summary assessment of costs:
1. At conclusion of fast track hearing; and
2. At any other hearing that has not lasted more than 1 day

File and serve statement of costs no less than:
a) 2 days before fast track
b) 24 hours before interim hearing

Judge will then determine the award of costs

Question 55

What is the procedure for a detailed assessment of costs?

Answer 55

Within 3 months of date of judgement/order, receiving party must serve on paying party Notice of Commencement of detailed assessment together with their bill of costs and evidence in support

The paying party will have 21 days to challenge the bill

Question 56

Define the standard basis for assessing costs

Answer 56

1. Are the costs reasonably incurred?
2. Are the costs reasonable in amount?
3. Are the costs proportionate to the matters in issue?
   a) Sums in issue
   b) Value of any non-monetary relief in issue
   c) Complexity of litigation
   d) Any additional work generated by paying party’s conduct
   e) Wider factors (eg: reputation or public importance)

Any doubt is resolved in favour of paying party

Question 57

Define the indemnity basis for assessing costs

Answer 57

Awarded as a penalty to reflect the court’s displeasure with the manner in which the parties have behaved pre-action and/or during proceedings

Cost must be:
1. Reasonably incurred; and
2. Reasonable in amount

Any benefit of doubt is given to the receiving party

Question 58

When and how can a non-party costs order be made?

Answer 58

Court has discretion to order a non-party to meet costs of the unsuccessful party, if:

1. They are satisfied that the non-party was the real party interested in litigation; or
2. They were responsible for bringing the proceedings

Third party must be added as a party to proceedings and may attend the hearing when the court determine costs

Only be made in exceptional cases

Question 59

Under what circumstances can a security of costs order be made?

Answer 59

Condition(s) to make an order are satisfied and it is just to make the order

Conditions:
1. Claimant is a resident outside a 2005 Hague Convention State
2. Claimant is an impecunious company who will be unable to pay D’s costs
3. Claimant has taken steps in relation to their assets to make enforcement difficult

Justness: have regard to
1. Strength of claim and defence
2. Claimant’s ability to provide security
3. Causes of claimant’s impecuniosity (eg: was it caused by D?)
4. Property within jurisdiction
5. Timing of application - must be as soon as practicable

Question 60

What is needed for a Part 36 order to be valid?

Answer 60

1. In writing
2. Making it clear it is a Part 36 order
3. Specify a period no less than 21 days which, if the offer is accepted, D will pay C’s costs; and
4. State whether it relates to whole or part of the claim

Question 61

Claimant’s Part 36 offer is rejected: what happens if C wins and equals/beats their offer?

Answer 61

D will be required to pay an additional amount:
a) Damages up to £500,000 = 10% of sum awarded
b) Damages in excess of £500,000 - £1 million = 10% of first £500,000, and 5% up to max of £75,000

From day 22, D will:
1. Pay interest on damages at max 10% above base rate
2. Be ordered to pay costs on indemnity basis
3. Pay interest on costs on indemnity basis at max 10% above base rate

Question 62

Claimant’s part 36 offer is rejected: what happens if claimant wins at trial but does not beat their offer?

Answer 62

No extra penalty on either party as neither is at fault

Question 63

Claimant’s part 36 offer is rejected: what happens if claimant loses at trial?

Answer 63

Claimant will be ordered to pay defendant’s costs on standard basis

Question 64

Defendant’s part 36 offer is rejected: what happens if claimant wins and beats/equals D’s offer?

Answer 64

Defendant will be ordered to pay:
1. Judgement plus interest as claimed in particulars of claim; and
2. Claimant’s costs on standard basis

Question 65

Defendant makes part 36 offer which is rejected: what happens if claimant wins but fails to beat D’s offer?

Answer 65

1. D pays C’s costs on standard basis from when costs incurred until Day 21
2. C pays D’s costs on standard basis from day 22 until judgement
3. C pays interest on those costs

Question 66

What are the consequences of D accepting C’s part 36 offer within relevant period?

Answer 66

Pre-action/no proceedings:
- D will pay agreed sum within 14 days
- D will pay C’s costs on standard basis

Proceedings have been issued:
- D will pay agreed sum within 14 days
- Proceedings will come to an end
- D will pay C’s costs on standard basis

Question 67

What are the consequences of D accepting C’s part 36 offer after relevant period has expired?

Answer 67

Pre-action/proceedings have been issued:
- D will pay agreed sum within 14 days
- If parties cannot agree and it is not unjust to do so, court will order that:
a) D pays C’s costs up until relevant period expired
b) D pays C’s costs from when relevant period expired to date of acceptance
c) Such costs are to be paid on the standard basis

If proceedings have been issued, these will come to an end

Question 68

Enforcement of money judgements: explain how ‘taking control of goods’ works and which court enforcement should be sought in

Answer 68

Seize debtor’s possession of an equivalent value owed, which are then sold at a public auction

Choice of court:
a) Less than £600 = County Court for warrant of control
b) £600 - £5,000 = County Court or High Court for a warrant or writ of control
- If High Court is chosen, judgement must be transferred from County Court to HC
c) £5,000+ = High Court for a writ of control

Question 69

Enforcement of money judgements: what is a charging order and what is the procedure for creating one?

Answer 69

Sits on the asset until it is worth the creditor applying for sale

1. Interim charging order: creditor files application notice at court (if debt is more than £5,000, must apply to CC Money Claims Centre or HC)
2. Final charging order
3. Order of sale: creditor can enforce charge over debtor’s land through fresh proceedings for an order of sale

Question 70

Enforcement of money judgements: what is a third party debt order and how can this be issued?

Answer 70

Can order a third party that owes money to debtor to pay creditor monies to satisfy judgement debt and costs
- Debt must solely and beneficially belong to debtor

1. Creditor applies to court without notice to debtor
2. Judge make interim order
3. Court considers objections and, unless there are good reasons not to do so, the order will be made final

Question 71

Enforcement of money judgements: what is the procedure for an attachment of earnings?

Answer 71

1. Creditor applies to Civil National Business Centre
2. Court informs debtor of application and require them to either:
   a) Pay sum due; or
   b) File statement of means giving details of their income and outgoings
3. Court officer will make attachment of earnings order, fixing repayment rate
4. Order sent to parties and to debtor’s employer

Question 72

How can a money judgement be enforced in Scotland and NI?

Answer 72

Creditor must:
1. Obtain certificate confirming date of judgement, sum awarded and details of interest and costs; and
2. Make an application to the court Scotland/NI to register judgement within 6 months

Question 73

How can a money judgement be enforced in the Commonwealth?

Answer 73

Judgement in CC = 6 years to register

Judgement in HC = 12 months to register

Question 74

How can a money judgement be enforced in other countries?

Answer 74

2005 Hague Convention country = judgement will be enforced and recognised in that country

Creditor’s ability to enforce English judgement will be determined by the national law of that particular country

Question 75

What are the form and content requirements of a witness statement?

Answer 75

1. In witness’s own words
2. Include full name, address (business) and occupation of witness
3. Contain a prescribed heading
4. Where necessary, supported by exhibits
5. Verified by statement of truth (cannot be signed by legal representative)

Question 76

How and on what grounds can another party be added to proceedings?

Answer 76

Need court’s permission

Ground if application is made within limitation period = ground should be that it is desirable to add party to resolve matters in dispute

Ground if application is made outside of limitation period = claim cannot be properly carried against original party without adding additional party

Question 77

Fast track claims, standard basis: what are the fixed trial costs of the advocate for appearing and preparing for trial?

Answer 77

Costs of the advocate are fixed by the CPR, with the fixed cost being dependent on the amount of damages awarded

Damages awarded are less than £15,000 = £690

Damages awarded are more than £15,000 = £1,650

Question 78

What are the formalities surrounding a statement of truth on the claim form?

Answer 78

It may be signed by the solicitor, but they must do so in their own name NOT the name of the firm

If the solicitor signs the statement of truth, they are deemed to have:

1. The client’s authority to sign the statement
2. The solicitor has told the claimant of the possible legal consequences if the matters are untrue (this is drafted in the statement of truth)

=> No separate declaration is required

Question 79

When would a Part 20 claim arise?

Answer 79

1. Defendant wishes to make a counterclaim as they have their own cause of action against the claimant
2. Additional claims are made by the defendant for a contribution, indemnity or some other claim, whether or not they are party to the proceedings
   - ‘Other claims’ can be made without the court’s permission, provided this is done either before or at the same time as they file a defence

Question 80

When must a judgement be paid by?

Answer 80

Within 14 days, unless another date is specified or the court has stayed proceedings
- Merely applying for proceedings to be stayed does not absolve one from having to pay within 14 days

Question 81

What are the requirements for permission to serve a claim form outside of the jurisdiction?

Answer 81

1. Must demonstrate legal grounds for the claim
2. The claim has reasonable prospect of success; and
3. E&W is the proper place - burden is on the claimant to prove this
   a) In the interests of the parties
   b) D’s place of business
   c) Availability of witnesses in the UK

Question 82

What is the difference between a Tomlin order and a consent order?

Answer 82

Consent orders:
- Lists the agreed terms of the settlement
- Open to inspection
- Used where the terms of the settlement are straightforward

Tomlin orders:
- Agreed terms are included in a separate schedule
- The terms can be kept confidential

Question 83

What are the 3 ways of claiming interest for a breach of contract claim?

Answer 83

1. Contract may specify the rate of interest
2. Late Payment of Commercial Debts (Interest) Act 1998: statutory right to interest on commercial debts that are paid late
3. In all other cases, the court have discretion to award interest under:
   a) s 35A SCA 1981 for High Court cases; or
   b) s 69 CCA 1984 for County Court cases

Question 84

What sanctions are available to the court for non-compliance with the CPR/overriding objective?

Answer 84

1. Can strike out the statements of case if:
   a) There are no reasonable grounds for bringing/defending the claim; or
   b) Failure to comply with rule, practice direction or court order
2. Pay additional costs as a penalty
3. Reducing or increasing interest
4. If a party has not taken a step in proceedings in accordance with a court order, can apply to the court for an unless order

Question 85

How can a request for further information on a statement of case (Part 18 request) be made?

Answer 85

Applicant must serve a written request on the other party, specifying a reasonable date for a response

The other party must respond to the request in writing and this response must be:

1. Served on all the parties
2. Filed at court; and
3. Verified by a statement of truth

If the request is not responded to, an application can be made directly to the court

Question 86

What factors were laid down in Denton v White and which application are they relevant to?

Answer 86

Relevant for applications to set aside a default judgement

1. Serious and significance of failure to respond to proceedings
   - Failed to comply with the CPR time limits and has resulted in a default judgement
2. Why the defendant failed to respond to proceedings
3. All the circumstances of the case
   - eg: any prejudice suffered by D if the judgement is not set aside
   - Did D act promptly in making the application

Question 87

Define an interim injunction and the guidelines used by the court to grant one

Answer 87

An interim injunction is used to maintain the current position until trial

It is a discretionary remedy that can be sought if damages prove to be inadequate

Guidelines used by court:

1. There is a serious question to be tried
2. Whether damages would be an adequate remedy for either side
3. Whether the balance of convenience lies in granting or refusing the injunction
4. Whether there are any other relevant factors

The applicant must provide a cross-undertaking, where they undertake to the court that they will pay the respondent any damages incurred by reason of the injunction if it transpires that the injunction ought not to be granted

Question 88

What are the types of interim injunctions that can be granted without notice?

Answer 88

Freezing injunction = refrains a respondent from being able to dispose of their assets outside of the jurisdiction
- Must have a good arguable claim that there is a real risk that the respondent will dispose of assets to try and defeat the enforcement of the judgement

Search order = compels the respondent to allow their premises to be searched
- Must have a strong claim that:
1. The applicant will suffer harm if the order is not made; or
2. The respondent has incriminating evidence in their possession that cannot be obtained by other means

Question 89

How can a claimant discontinue a claim?

Answer 89

C can file and serve a notice of discontinuance on the other party at any time

If any consent is required to discontinue the claim (eg: the court’s) this should be attached to the notice

Presumption is that C will pay D’s costs, unless the court orders otherwise

Question 90

What is an unless order?

Answer 90

It is a sanction for not taking steps in proceedings in accordance with a court order

Where a judge orders that, unless the defaulting party complies with a direction within a set time frame, they will order, for example, for the case to be struck out