Statement Of Case And Interim Applications Flashcards
Who can complete a statement of truth for a partnership?
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.
Is a life interest in a trust fund included in IHT calculation and the estate gross value?
No as they have no interest in it after their death.
What is a devastavit claim?
May bring this claim where PR has caused a loss to estate due to breach of duty and wasting assets.
What is a CPR part 18 claim ?
Request for further information
What is a CPR part 20 claim ?
Counter claim + claim against third party (can sue third party under indemnity for equivalent damages if their breach caused original D to pay damages)
What must be included in particulars of claim ?
Concise statement of the facts + if seeking interest a statement that outlines the details
What are the three options for responding to each claim for the D ?
Deny, not admit or admit
When might a defence file a counter claim ?
When D alleging they have own cause of action against the claimant.
What are other options for additional claims ?
Indemnity or contribution
How long does C have to dispute counter claim and file a defence
14 days
What must be true for amendments to statement of case to be made ?
Written consent of all parties + permission of court.
Who in a company can sign a statement of truth in the particulars of claim ?
May be signed by a person with a senior position in company such as director, secretary, chief executive or the treasurer
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?
Yes court may give permission for amendment to mistake made by C
If a D files a defence that doesn’t address one of the claims will it automatically be considered to be admitted?
Yes unless they ask Courts for it’s written consent to amend its defence to answer the allegation
When is the last day a claimant can post an application notice in order to give defendant required 3 days notice of hearing?
3 clear days + 2 days for post
When might court grant a summery judgment ?
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
Can someone discontinue a claim after gaining an interim payment ?
Only if they have D consent in writing or court gives permission
Can an interim injunction be granted before the actual breach (delivery of unsatisfactory goods) ?
No as it is ancillary and incidental to a pre-existing cause of action.
Under a summery judgment what might a judge order if satisfied that it is possible but improbable D will succeed at trial ?
Conditional order requiring D to pay full amount of claim due into court in 28 days
