Tests

Question 1

What will the court considers when dealing with an application for pre action disclosure p under CPR 36.16?

Answer 1

a) A = likely claimant
b) R = likely defendant
c) documents sought were or are likely within R’s POSSESION, CUSTODY OR POWER
e) is it DESIRABLE to see now so that
- proceedings can be AVOIDED
- any proceedings will be dealt with FAIRLY
- COSTS can be SAVED
d) must be docs D WOULD HAVE TO DISCLOSE UNDER STAND/DISC 31.6

Question 2

What will the court consider when deciding whether to grant an application for a Norwhich Pharmacal Order?

Answer 2

1. Has a WRONG OCCURRED, which will be the subject to a claim and the claimant has no other reasonable means of identifying D other than by through R
2. Was R a mere witness or was he a FACILITATOR of the WRONG
3. Can R provide NAME of D or DOCUMENTS as to the effect?
4. Has R PREVIOUSLY REFUSED to the above

Question 3

What will the courts consider when deciding to grant an extension for the time for serving a claim form?

Answer 3

CPR 7.6
a) court FAILED to serve claim for on D
b) C has TAKEN ALL REASONABLE STEPS to comply but has been unable to do so
c) C has made APPLICATION PROMPTLY

(Court may find “reasonable steps taking = good service”)

Question 4

What will the court consider when deciding to grant permission for alternative service?

Answer 4

If there is GOOD REASON to permit alternative method or place for service

(This should not be given lightly but an e.g. of GOOD REASON could be D is already aware of claim but is purposing concealing place of business etc. in order to avoid litigation proceeding)

Question 5

Both on upon application and filing request, the Court must be satisfied that:

Answer 5

CPR 12.3
1. POC has been served on D (certificate of service on the court file will be sufficient evidence)
2. The time for filing a defence and or AOS has now expired and D did not serve them

DF not available to C in 8 circs