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SQE 2 (MINE) > DR Advocacy > Flashcards

DR Advocacy Flashcards

1
Q

What is legal requirements for prohibitory injunction?

A

American Cynamide case:

  1. Serious question to be tried
  2. Damages not adequate
  3. Balance of convenience - keep status quo
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2
Q

Civil court modes of address?

A

Magistrates: sir/ madam
District: judge
High court: My Lord/Lady
Circuit (crown or county or HC): Your honour

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3
Q

Sit or stand in civil?

A

Sit

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4
Q

What is the legal test for summary judgement?

A

1) No reasonable prospect of success
2) no other compelling reason for a trial

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5
Q

Brief structure of civil advocacy?

A
  1. Introduce self, opponent, application and docs relying on
  2. Check Judge has bundle?
  3. Ask judge whether wants summary of facts?
  4. Briefly identify issues - legal and factual
  5. Arguments
  6. Conclude
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6
Q

What section of Consumer Rights Act 2015 is reasonable care and skill?

A

S49

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7
Q

What part of CPR is default judgement?

A

PART 12

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8
Q

Legal requirements for default judgement?

A
  1. Particulars served on D
  2. D not filed an acknowledgment of service or defence in relevant time (14 days acknowledgment of service and then 28 defence)
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9
Q

What is required in default judgment regarding costs?

A

If it is for a sum of money must
1. Indicate date payment due
2. Calculate up to date total
3. State daily rate of interest

(Once judgment payment required within 14 days)

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10
Q

What Act carries entitlement to statutory interest?

A

County Courts Act 1984, s69

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11
Q

What part of CPR is setting aside default judgment

A

Part 13

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12
Q

What are the mandatory and discretionary grounds for setting aside default judgment?

A

Mandatory: if wrongly entered, eg before time

Discretionary: 1. Real prospect of defending claim 2. Good reason to be allowed to defend claim

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13
Q

What form to fill in to set aside default judgement?

A

N244 + fee

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14
Q

What are grounds to seek relief from sanctions?

A
  1. Consider litigation efficient and enforce compliance
  2. Apply promptly with support
  3. Denton v White:

Court should a) identify seriousness of failure
B) consider why it occured
C) evaluate all circumstances and consider justice and impact

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15
Q

Denton v White rule fora relief from sanctions?

A

Denton v White:

Court should a) identify seriousness of failure
B) consider why it occured
C) evaluate all circumstances and consider justice and impact

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16
Q

Argents made for summary judgement?

A
  1. Real prospect of success
  2. Good reason to set aside
  3. Denton v white
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17
Q

Requirements for interim payment?

A

CPR 25.7

  1. Satisfied if went to trial would receive significant sum, other than costs
  2. Must not give more than reasonable amount of final judgement
  3. Consider contributory negligence
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18
Q

What part of CPR for interim payment on account of costs?

A

CPR 25

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19
Q

What does CPR 44.2(8) say?

A

Where court orders party to pay costs subject to detailed assessment will order to pay reasonable sum on account of costs unless good reason not to

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20
Q

Requirements for security for costs?

A

CPR 25.13(1)

  1. Is satisfied, having regard to all circumstances it is just to make order
    And
    A. Not part of Hague convention
    B. C is company and reason to believe cannot pay D costs
    C. C taken steps to make enforcement difficult
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21
Q

What part of CPR is interim payment?

A

Part 25

22
Q

Requirements for interim payment?

A
  1. D has admitted liability
  2. C has obtained judgement for damages and is awaiting assessment of sum
  3. C would obtain judgement for substantial sum
23
Q

What is limitation act

A

Limitation Act 1980

24
Q

What part of CPR regarding amending statement of case

A

CPR Part 17

25
Q

When can you amend statement of case?

A

Before limitation: a. Consent of all parties/ b. Permission of court

After limitation: a. Add/substitute a new claim if substantially same claim
B. Genuine mistake
C. Alter capacity

26
Q

What CPR is request for further info?

A

CPR 18

27
Q

How to request further info?

A

Written- state part 18 request
Reasonable and proportionate

Date for response

28
Q

When can court strike out statement of case?

A

Discretionary:

  1. No reasonable ground to bring
  2. Failure to comply with rule/ direction of court

“What is just order, having regard to all the circumstances?” - would it be disproportionate?

29
Q

Who holds burden of proof for summary judgement?

A

Applicant - show defence is “fanciful, unrealistic” (Sinclair v Chief Constable of West Yorkshire)

30
Q

In Interim application if amount not stated how much ask for?

A

Approx 70%

31
Q

After interim application, costs will be summarily assessed so judge may invite you to make a submission on costs order. What 3 possible options
?

A
  1. One party pay - clear winner
  2. Costs in case - neither pay, wait until end of litigation
  3. No order (bear own costs)
32
Q

What CPR for specific disclosure?

A

CPR 31

33
Q

Legal test for requirements for specific disclosure?

And practice direction court will consider

A

Court discretion:
1. Specify terms of order sought
2. Supported by evidence

Court consider docs necessary for just disposal and relevance of docs

Practice direction:
PD31A - court consider all circumstances and overriding objective

34
Q

What is required in standard disclosure?

A
  1. Docs rely on
  2. Docs adversely effect own and other party’s
  3. Docs supporting other party
35
Q

What is part 18 request and when can it be rejected?

A

1.request for further info
2. Can be rejected if ‘not relevant’, no evidence, disproportionate

36
Q

Track allocation?

A
  1. Small claims up to £10k and no complex issues of fact
  2. Fast -10k-25k
  3. 25k+
37
Q

Part of CPR for fixed costs

A

Part 45

38
Q

CPR fir security of costs?

A

25

39
Q

Methods of enforcing money judgement

A
  1. Writ/ warrant
  2. 3rd party debt order
  3. Earnings against judgement debtor salary
  4. Charging order
40
Q

What is qualified one way cost shifting?

A

PI claims - if bona fide, then losing claimant doesnt bear Ds costs

41
Q

What are the 4 parts of standard disclosure (N265)

A
  1. Docs not objecting to inspect
  2. Has but objects to having
  3. No longer has
  4. Disclosure statement
42
Q

What information to include in standard disclosure

A
  1. Location
  2. Date of source
  3. 3rd parties who have copies
  4. Docs searched for
  5. Date ranges
43
Q

What is part 36 offer?

A

Formal proposal to settle

44
Q

What is usual time period for part 36?

A

21 days

45
Q

What are 2 reasons can exclude expert evidence?

A
  1. Privilege
  2. Confidential
46
Q

What is a nuisance

A

Unlawful interference with Cs use and enjoyment of land

47
Q

Test for an interim injunction

A

American cyanamide tedt
1) serious question to be tried
2) Damages adequate?
3) balance of convenience / status quo

48
Q

What is Rylands v Fletcher tort

A

D brings onto land something likely to do mischief
A) if it escapes
B) non natural use of land
C) damage is reasonably foreseeable

49
Q

What is timeframe for acknowledging service / defence?

A

14 days or if acknowledge then additional 14 to serve defence

50
Q

What is a part 20 claim

A

Bring in a third party - done at time of filing defence

51
Q

What is wording for circulating written resolution

A

Pursuant to chapter 2 part 13 of the Companies Act 2006 the directors of the company resolve to pass as a special/ Ordinary resolution

SQE 2 (MINE) (5 decks)

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