dispute resolution

Question 1

considerations for setting aside a default judgment

Answer 1

1. legal grounds
2. promptness of application
3. Denton v white

Question 2

Denton v white considerations

Answer 2

i. seriousness and significance of breach
ii. consider why default occurred
iii. evaluate al circumstances of the case

Question 3

on what grounds may a default judgement be set aside

Answer 3

1. mandatory ground:
   a. where the judgment was wrongly entered
2. discretionary ground
   a. defendant has real
   prospect of successfully defending claim; or
   b. there is some other good
   reason to proceed to trial

Question 4

when can you amend a statement of case after the limitation period?

Answer 4

at the court’s discretion:
a. to add or substitute claim arising from the same facts
b. to correct a genuine mistake as to name
c. to alter the capacity in which a party claims

Question 5

when may summary judgment be awarded

Answer 5

a. where the court considers that
i. the claimant has no real prospect of succeeding
ii. defendant has no real prospect of successfully defending ; and
b. there is no other compelling reason to dispose of case at trial

Question 6

when will a court grant an interim injunction

Answer 6

i. if the matter is urgent or it is ii. otherwise desirable in the interests of justice

Question 7

what will the court consider in an interim injuction

Answer 7

1. is there a serious question
2. are damages appropriate
3. is the balance of convenience in favour or against
4. are there any special factors

Question 8

what are the grounds for awarding an interim payment

Answer 8

a. D has admitted liability
b. claimant has obtained judgment for a sum of money
c. court is satisfied that claimant would obtain a substantial sum at trial

Question 9

when may a third party be ordered to make security for costs

Answer 9

i. the party has assigned their right to claim to avoid costs order
ii. the party has paid C’s costs in the hopes to receive the outcome

Question 10

when may the court make an order for security of costs

Answer 10

when satisfied that:
i. it is just to make such an order
ii. one of the following applies:
a. C not resident in Hague state
b. C is company and there is reason
to believe they will be unable to
pay costs
c. C changed address to avoid
consequences
d. C is hiding assets

Question 11

how to address the court

Answer 11

high court judge - my lord/lady
district judge - judge
magistrate - sir/madam