Miscellaneous Flashcards
6 dates/times/deadlines that cannot be varied by agreement between the parties (a party MUST apply to the court)
1) CMC date
2) pre-trial review
3) return of pre-trial checklist
4) the trial
5) the trial period
6) appeal deadline
What parties have to do if they vary a timeline between themselves (e.g., the deadline for serving a defence)
Notify the court in writing
6 conditions allowing defendant to apply for security for costs against claimant (alongside it being “just”)
1) C resident out of jurisdiction (outside EU)
* 2) C is company, and reason to believe it will be unable to pay D’s costs if ordered
3) C has changed address since beginning proceedings to avoid litigation consequences
4) C failed to give (correct) address in claim form
5) C is a nominal claimant, and reason to believe it will be unable to pay D’s costs if ordered
* 6) C has taken steps to move assets to make costs order difficult
Can security for costs be issued against D if D issues a counterclaim?
Yes
What happens to the claim if a claimant fails to comply with an order for security for costs
The claim is stayed
Earliest point at which C can apply for interim payment
After D’s period for filing an acknowledgement of service has expired
5 situations in which interim payment can be awarded
1) D has admitted liability to pay damages
2) C has obtained judgment against D for damages to be assessed
3) if went to trial, C would obtain judgment for a substantial amount of money
4) C is seeking possession of land AND D would be held liable if it went to trial
5) if multiple defendants, C would obtain a substantial amount against at least one; AND all the Defendants are either (a) insured; (b) covered by the MIB (road traffic); or (c) a public body
Maximum amount of interim payment that can be awarded by the court
Reasonable proportion of the likely amount of the final judgment
Two things the court must take into account on an application for interim payment
1) contributory negligence
2) set-off/counterclaim
When enforcement can be pursued against a party without the court’s permission
14 days after judgment/order
When QOCS protection is automatically lost, meaning orders can be enforced without the court’s permission
Proceedings struck out on grounds of:
1) no reasonable grounds
2) abuse of process
3) C’s conduct, which is likely to obstruct the just disposal of proceedings
(r. 44.15)
3 grounds for allowing amendment to particulars of claim
1) to add/substitute a new claim (if based on same/substantially the same facts)
2) to correct a genuine mistake (which causes no doubt as to C’s identity - they have right description, but wrong name)
3) to alter capacity of claimant (if party had/has since acquired that capacity)
Where the burden lies when an issue as to post-limitation amendment applies
On the claimant. They must prove EITHER:
(a) the limitation defence is not reasonably arguable; OR
(b) an exception applies
Deadline for applying to disallow an amendment that was made prior to the issuing of a claim
14 days after the amendment is served on the other party
Main concern when considering later amendment
Whether it would jeopardise the trial date
