Grounds To Include In Each Admission - DR

Question 1

Setting ASIDE Default Judgment

Answer 1

Discretionary grounds.

Real prospect of successfully defending the claim

there is another good reason why defendant should be allowed to defence the claim

Denton and White case

If application was made promptly

if D had good reason for failing to file defence

circumstance of the case, discretion to the judge

Question 2

interim payment application

Answer 2

14 days before hearing date

Grounds in part 25 CPR:
Defendant has admitted liability

OR

claimant has obtained a judgment against D for damages to be assessed or for a sum of money

OR

court is satisfied that, if the case when to trial, claimant would obtain judgement for substantial amount of money

AND

the applicant will suffer hardship if they do not recover the sum

AND

The court must be satisfied on teh balance of probabilities that it would be appropriate to make the order, having regard to the time until trial, the amount of money, and if it would delay or prejudice the trial

Question 3

interim injunction application

Answer 3

American Cyanamid Guidelines:
there is a serious question to be tried - magnitude of matter, how much money, impact on public, as SERIOUS as it can
IF damages are adequate or not
balance of convienience lies in favour of who? - can give cross undertaking. It is a FAIR situation to be in. More probative than prejudicial (more value to that person to be harming the other person)
Any special factors?

Cross undertaking suggested.

Question 4

summary judgment

Answer 4

Grounds:
If claimant has no real prospect of succeeding on the clathere is no other compelling reason why case should be disposed of at trial

Question 5

Security request

Answer 5

Discretionary power if:
satisfied that it is JUST to do so,
one or more of Part 25 conditions apply

Part 25 conditions:
claimant resides outside 2005 Hague convention state
claimant is impecunious company
claimant has taken steps to make enforcement difficult

Question 6

Track Allocation

Answer 6

Issues to be discussed:

Costs
Remedy sought
Complexity of case
Number of parties
Time likely
Amount of expert evidence needed

Question 7

Justness for security for costs

Answer 7

The strength of the claim and defence
The claimants ability to provide security
The cause of the claimants impecuniosity
Property within the jurisdiction
Timing of the applicaiton (ASAP)

Question 8

Prohibitory injunction

Answer 8

American Cyanamid guidelines

If there is a serious question to be tried
If damages are adequate
Balance of convenience
Any special factors

Question 9

Relief from sanctions?

Answer 9

Aim to overturn penalty

Court will consider the need for:

Litigation to be conducted efficiently at a proportionate cost

And, to enforce compliance with rules, practice directions and orders.

Apply for relief promptly

Denton v White:
- identify and assess seriousness of failure
- why failure occurred
- evaluate all circumstances of the vase against the overriding objective

Question 10

Adjourning hearing/trial

Answer 10

Discretionary to the court

Prove that other party has not met the grounds needed for evidential burden.

If they have failed to put evidence to prove their defence/case .

Question 11

Disclosure application

Answer 11

Discuss CPR and the directions for disclosure

Evaluate what the necessity of the document is (if it helps with liability or proving compelling evidence)

Duty to search

Argue documents will solve the issue in dispute

Question 12

Mandatory /freezing injunctions

Answer 12

Freezing: property within jurisdiction, real risk that they’ll dispose of property Arguable case
Is defendant foreign? Are they known as a debt dodger? Requires HEAVY proof