DR

Question 1

what are the grounds for summary judgment?

Answer 1

1. no real prospect of succeeding on the claim or issue
2. no other compelling reason why the case or issue should be disposed of at trial

Question 2

what are the 3 things that need to be proved for application for payment on account? (made by C)

Answer 2

1. D has admitted liability to pay damages (or other sum) to the C)
2. C has obtained judgement against D for damages to be assessed (or sum of money other than costs
3. if claim went to trial, C would obtain judgment for a substantial amount of money against D

Question 3

what is the 3 stage test for interim injunctions?

Answer 3

1. is there a serious question to be tried? [needs to be genuine underlying claim]
2. would damages be adequate remedy for a party injured by the court’s grant of, or failure to grant an injunction?
3. where does the balance of convenience lie?

Question 4

what is the 3 stage test (denton test) for application for relief from sanction?

Answer 4

1. if breach is neither serious nor significant, then relief should be granted
2. if breach is serious or significant, consider why default occured
3. having considered the reason for default, court should evaluate all circumstances of the case

Question 5

when can the court MAY set aside default judgment?

Answer 5

if D has a real prospect of successfully defending the claim; or it appears to the court that there is some other good reason why judgment should be set aside or varied, or the D should be allowed to defend it.

Question 6

when MUST a court set aside default judgment?

Answer 6

if judgment is wrongly entered

Question 7

court can strike out all/part of a statement of case when it shows: [3 things]

Answer 7

1. no reasonable grounds for bringing/defending the claim
2. is an abuse of the court’s process/obstructing just disposal
3. there has been failure to comply with rule / practice direction / court order

[if fair hearing still possible, unlikely to strike out on 3rd ground and instead use another sanction]

Question 8

what is the test for security for costs [made by D]?

Answer 8

1. having regard to all circumstances of the case, it is just to make an order [C’s ability to pay, prospects of claim succeeding and any delay in making app]
2. one or more prescribed conditions un rules are satisfied [resident out of jurisdiction, C is a company and there is reason to believe it will be unable to pay D’s costs order against it, C has changed address, C failed to give address, C acting as a nominal C and reason to believe it will be unable to pay D’s costs