Summary judgement grounds?
court may give summary judgment on the whole of the claim or on an issue if:
(a) it considers that the party has no real prospect of succeeding on the claim, defence or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial.
Usually you don’t need permission to apply for summary judgement, but when would you?
When the defendant hasn’t filed an acknowledgement/defence yet
Grounds to satisfy for a search order injunction?
The court must be satisfied that the applicant:
- appears to have a strong case
- they will suffer serious harm if the order is not made
- the respondent has incriminating materials in their possession which cannot be obtained by other means
Relief from strike out - denton v white?
- assess the seriousness or significance of the relevant failure
- why the failure or default occurred
- evaluate all the circumstances of the case so as to enable the court to deal justly with the application.
What needs to be done by parties prior to an allocation to track?
What additional content needs to be filed if in the provisional multi-track?
A directions questionnaire - N181
(a) a case summary;
(b) a disclosure report (Form N263); and
(c) a costs budget and budget discussion report
In advance of an intermediate track claim, what is likely to happen?
CMC
Proposed directions given 7 days in advance of CMC
Witness statement given, under 20 page
What value of multi-track claims require costs budget?
When the claim is under £10M but not if it falls into fixed costs tracks
i.e., between 100k (multi-track) to 10m
Although some timetabled dates can be changed between parties, which events need court permission before varying?
- CMC/Pre-trial review
- Return of pre-trial checklist
- Trial date or trial period
What are the admin necessities of a costs budget?
Signed and statement of truth by senior legal advisor
Claims under £50,000 to be filed with directions questionnaire
Claims over this to be filed no later than 21 days before CMC
