Legal Basis

Question 1

What is the overriding objective of the CPR?

Answer 1

To enable the court to deal with cases justly and at proportionate cost.

Question 2

Legal basis for granting summary judgement?

Answer 2

The claimant or defendant has no real prospect of success and there is no compelling reason why the case should be disposed of at trial.

Question 3

Legal basis for interim injunction?

Answer 3

When deciding whether to grant an interim injunction, the court will determine whether:
- There is a serious question to be tried.
- Damages are an adequate remedy.
- The balance of convenience.
- Where there are any special factors.

Question 4

Legal basis for injunction without notice?

Answer 4

Good reasons for doing so.

Question 5

Legal basis for interim payment?

Answer 5

• The defendant has admitted liability.
• The claimant has obtained a judgment for damages to be assessed.
• The court is satisfied that, if at trial, the claimant would obtain judgement for a substantial amount of money.

Question 6

Legal basis for striking out a statement of case?

Answer 6

a) the statement of case discloses no reasonable grounds for bringing or defending the claim.
b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings OR
c) there has been a failure to comply with a rule, practice direction or court order.

Question 7

Mandatory grounds of setting aside a default judgement?

Answer 7

It was entered prematurely.

Question 8

Discretionary grounds for setting aside a default judgement?

Answer 8

Real prospects of succeeding at trial.

Other good reason why it should be set aside.