Dispute Resolution

Question 1

What to include in default judgement application ?

Answer 1

1) Discretionary grounds
Real prospect of success or other compelling reason (Need to allow more time, trace a witness or complicated).
2) Mandatory grounds
3) Denton v White test:
- Seriousness of breach
- Reasons for failure
- All circumstances.

Timing of application.

Question 2

What should be included to set aside summery judgement application ?

Answer 2

1) Real prospect of success or compelling reason to dispose of at trial

Timing for application and plea

Question 3

What should be included in the greeting for advocacy ?

Answer 3

Good morning judge my name is Mr Knee Robinson I am from ULaw LLP.

I represent the claimant, X. Mr Gohil, from Evans and co represents the defendant, Z.

The claimants application today is to set aside default judgement entering against her on 25th September.

Question 4

What must be included in an application FOR summery judgement ?

Answer 4

No real prospect of success or compelling reason.

Timing for application and hearing

Identify concisely point of law relied upon

Question 5

What must be included in interim payment applications ?

Answer 5

1) Either
- admit liability
- obtained judgement for sum to be assessed
- if trial it would be substantial amount
(Burden is high for (c) to prove on a balance of probabilities that they will succeed)

3) Evidence for
- sum sought
- likely sum for final judgement

Question 6

Strike out submission

Answer 6

1) may strike out if:
- statement of case disclosed no reasonable grounds for buying or defending the claim
- statement of case obstruct the just disposal of proceedings
- failure to comply with rule or court order
2) respondent would have to persuade that this is unjust or in appropriate
3) doesn’t require evidence

Question 7

Included in application for security of costs?

Answer 7

1) It is just to do so:
- Strength of the claim
- Alleged impecuniosity caused by the defendant.
- Applications made promptly
(+Claimants ability to provide security)

2) One of the following must also be true:
- Claimant is resident outside of Hague convention
- Impecunious company
- Claimant taken steps to make enforcement difficult
(+Evidence as to why they may fail and how much)

Question 8

What needs to be included in an interim injunction?

Answer 8

1) caselaw test:
- Serious question to be tried
- Are damages an adequate remedy ? (adequate protection + cross-undertaking of damages).
- Balance of conveniences

(this application can be done without notice when there is not enough time or it would allow respondent to dispose of evidence etc).

Question 9

Included in an unless order ?

Answer 9

1) Remind the court that it has the discretion to make an unless order if it can show that
- Other party is in breach of court order
- The applicant complied with court order.

Question 10

What to include in interim payment on grounds (c) ?

Answer 10

1) Merits of claim
- Outline why claim will succeed at trial.

2) Amount of substantial damages awarded at trial
- Loss of amenity etc/significant lifelong impact. + already agreed amount.

3) Exercise your discretion to make the order
- Trail over a year away
- Size sought makes application worthwhile
- It will help applicant and will prejudice fair conduct of the trial.

4) Amount of interim payment is a reasonable proportion.
- 25% of likely final judgement.