Everything Flashcards
After filing claim, if defendant fails to file a defence.. what happens?
If defendant fails to reply in the time required, then application for Default Judgement under part 12 CPR.
Application made to court and there would be no need for a hearing
Factors to consider when allocating a case to appropriate track
CPR Part 26.8 Financial Value Nature of remedy Complexity of case Number if parties involved Value of counterclaim Amount of oral evidence
How are coats dear with throughout the case, up to but not including the final hearing
Cost - agreed if possible
Budgets - filed and exchanged within 28 days or no later than 21 days before CMC
Agreed budget discussion filed no later than 7 days before CMC
Budget = cost incurred and future costs
Court make cost management order
Method of enforcement (if they own a office building)
Application for a charging order
Interim charging order will be applied for
If judgment debtor fails to pay
Interim will be made final
An application for an order for sales can be made
Method of enforcement (owns a vehicle)
An application for Writ of Control
Write commands a high court enforcement officer
HCEO sells at auction to satisfy money judgment
Writ j caused 8% per annum interned costs
How long does defendant have to file a defence?
14 days to file defence.
If acknowledgment of service is filed they will have 28 days in total
Possible outcomes of application for summary judgement
In favour : claim will be struck out. Matter won’t progress further
Not in favour : matter proceed to trial
Applicant likely to pay costs
Court may provide direction for continuance or conditional order
Fast track directions and 3 examples of appropriate directions
As it’s fast track, standard directions
Discolours and inspection
Use of experts
Exchange of witness statements and prep for trial which includes Pre trial checklist
4 advantages of using arbitration
Quicker More private than court Arbitrator is an expert Can be cheaper than going to court Decision is BINDING
