DR 4 Flashcards
How, if at all, will a respondent know what evidence has been put forward by the applicant in support of a without-notice application?
The evidence will be served on the respondent after the hearing
CPR 23.9
If an applicant makes a standard with notice interim application, what is the timeframe within which the applicant must serve a copy of the application notice and supporting documentation on the respondent?
As soon as practicable but not less than 3 clear days before the hearing.
The directions order confirms that witness statements are due to be exchanged in 5 days’ time. The applicant wishes to apply to the court for extra time to exchange witness statements. The parties have been unable to agree an extension of time. How would the applicant make an interim application to apply for an extension of time to exchange witness statements?
With notice by filing at court an application notice, a witness statement and a draft order and paying a fee.
When is the first opportunity a claimant can apply for summary judgment against the defendant without needing the court’s permission?
after the defendant has filed an acknowledgement of service or defence (or earlier with the court’s permission) (CPR 24.4)
The claimant files a claim form and particulars of claim. The defendant files an acknowledgment of service indicating an intention to defend the claim. The claimant applies for summary judgment. Both parties attend the summary judgment hearing where the judge dismissed the application and makes a costs order. What order is the court most likely to make next?
Directions order for the defendant to file and serve its defence
The claimant ordered 20,000 laptops from the defendant. The laptops malfunction. The claimant issues a claim against the defendant claiming that 20,000 laptops are faulty. The defendant files a defence. The claimant believes that the defendant is entirely at fault and applies for summary judgment. If the claimant’s summary judgment application is successful, which order is most likely to be made by the court?
Judgment on the claim
Joint liability nature of partnerships –> the claim form should state the business name of the partnership as the defendant
When may a court order a new party to be added to a claim?
Under CPR 19.2, where:
a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.
Initial court judgment in a PI claim mandates a solicitor’s client to pay £50,000 in damages and £10,000 in costs.
Client intends to appeal the decisions. The solicitor has submitted an applciation to the same court to stay the judgment, but it has not been granted yet.
The client seeks advice on whether they should comply with the judgment while the application to stay is under consideration.
What is the best course of action to advise them
The client must comply with the judgment within 14 days of the date it was given
A woman is consdiering bringing a claim due to personal injuries sustained in a road traffic accident. She has suffered catastrophic injuries, and the assessed quantum exceeds £50,000, excluding interest and costs. In pre-action correspondence, the defendant alleged contributory negligence, asserting that the woman was using her mobile phone at the time of the accident.
Where should the claim be issued?
The claim may be issued in either the County Court or the High Court.
