Applications and tests

Question 1

Summary judgment

Answer 1

CPR 24

NO REAL + NO REASON

no real prospect of success, AND, no other compelling reason for trial

Question 2

Strike out

Answer 2

CPR 3.4

NO CASE / BAD CASE / FAIL CASE

No reasonable grounds, abuse of process, failure to comply

Question 3

Set aside default judgment

Answer 3

CPR 13.3

REAL, REASON, RAPID

A real prospect of defending or some good reason to set aside.
Must apply promptly

Question 4

Relief from sanctions

Answer 4

CPR 3.9 - Denton

SERIOUS + REASON + JUSTICE

Was the breach serious or significant?
Was there a good reason for it?
Look at all the circumstances — justice, efficiency, compliance.

Question 5

Interim Injunction

Answer 5

CPR 25.1
American Cyanamid

SOB - Serious, adequacy Of damages, Balance of fairness

Serious issue → freeze until trial.
Damages can’t fix it.
Balance of fairness (convenience).

asking the judge to freeze the situation because money won’t fix the harm, and it’s only fair to pause things.

Question 6

Interim Payment

Answer 6

CPR 25.7

SHOW ME THE MONEY

Show court they are likely to get a substantial sum at trial

Question 7

Security for costs

Answer 7

CPR 25.13

CAN’T PAY –> MAKE PAY

Gateway: reason to believe claimant can’t pay costs, e.g.
Outside jurisdiction
Insolvent company
Changed or false address
Nominal claimant
Hidden assets

Discretion: should the court order it?
Considers fairness, proportionality, strength of case, and risk of stifling claim.

Memory hook:
Can’t pay = gateway.
May pay = discretion.

Question 8

Overriding objective

Answer 8

deal with cases justly and at proportionate cost