Statement Of Case And Interim Applications

Question 1

Who can complete a statement of truth for a partnership?

Answer 1

The statement of truth can be signed by a partner, or a person having the control or management of the business, or the partnership’s legal representative.

Question 2

Is a life interest in a trust fund included in IHT calculation and the estate gross value?

Answer 2

No as they have no interest in it after their death.

Question 3

What is a devastavit claim?

Answer 3

May bring this claim where PR has caused a loss to estate due to breach of duty and wasting assets.

Question 4

What is a CPR part 18 claim ?

Answer 4

Request for further information

Question 5

What is a CPR part 20 claim ?

Answer 5

Counter claim + claim against third party (can sue third party under indemnity for equivalent damages if their breach caused original D to pay damages)

Question 6

What must be included in particulars of claim ?

Answer 6

Concise statement of the facts + if seeking interest a statement that outlines the details

Question 7

What are the three options for responding to each claim for the D ?

Answer 7

Deny, not admit or admit

Question 8

When might a defence file a counter claim ?

Answer 8

When D alleging they have own cause of action against the claimant.

Question 9

What are other options for additional claims ?

Answer 9

Indemnity or contribution

Question 10

How long does C have to dispute counter claim and file a defence

Answer 10

14 days

Question 11

What must be true for amendments to statement of case to be made ?

Answer 11

Written consent of all parties + permission of court.

Question 12

Who in a company can sign a statement of truth in the particulars of claim ?

Answer 12

May be signed by a person with a senior position in company such as director, secretary, chief executive or the treasurer

Question 13

If C served defendant and then limitation period expired and found out they sued the wrong company with a similar name could they amend this?

Answer 13

Yes court may give permission for amendment to mistake made by C

Question 14

If a D files a defence that doesn’t address one of the claims will it automatically be considered to be admitted?

Answer 14

Yes unless they ask Courts for it’s written consent to amend its defence to answer the allegation

Question 15

When is the last day a claimant can post an application notice in order to give defendant required 3 days notice of hearing?

Answer 15

3 clear days + 2 days for post

Question 16

When might court grant a summery judgment ?

Answer 16

When they consider that defendant has no real prospect of successfully defending the claim and no compelling reason it should be disposed of at trial

Question 17

Can someone discontinue a claim after gaining an interim payment ?

Answer 17

Only if they have D consent in writing or court gives permission

Question 18

Can an interim injunction be granted before the actual breach (delivery of unsatisfactory goods) ?

Answer 18

No as it is ancillary and incidental to a pre-existing cause of action.

Question 19

Under a summery judgment what might a judge order if satisfied that it is possible but improbable D will succeed at trial ?

Answer 19

Conditional order requiring D to pay full amount of claim due into court in 28 days