When would a defendant need court permission to serve a counterclaim?
When a defence has already been filed
If a third party is already part of proceedings, is court permission required if a defendant wants indemnity or to blame that third party?
Not if notice is filed with defence
Otherwise it is required
Defendant needs to serve Part 20
What is a part 18 request, what does it need?
Further information
Statement of truth, served on all parties and court
If ignored, can ask court to order if they think reasonable, necessary, proportionate
When applying for permission to amend a statement of case, the applicant must file:
Copy of statement of case with amendments
Application notice
Supporting witness evidence
Draft order
If the limitation period is expired, under what circumstances might the court allow an amendment of case?
- Still same or similar facts
- Corrects genuine mistakes of names of parties
- Changes the capacity of the claim
When should an interim application be served on the opponent?
3 days before the hearing
The day it comes doesn’t count, the hearing day doesn’t count
What is a consent order in relation to an interim application?
If parties agree to the type of order they require, they can apply for an order without a need for attendance at the hearing
If I serve an interim application without notice, what can the respondant do and when?
Can apply to set aside or vary the application within 7 days of receipt
Part 24 - Summary Judgement
When would a summary judgement be appropriate?
No response - this needs court permission
No real prospect of defending
No other compelling reason why
Part 24 - Summary Judgements
What are the time frames on defending against a summary judgement application?
14 days notice of the hearing
R files evidence 7 days before hearing
A files any further evidence 3 days before hearing
Part 25 - Interim Injunction
What is required for a freezing injunction or search order
Hint: Americans usually use this word
Sworn affidavit covering the risk of the assets being moved or certain information being in respondant’s hands
Part 15 - Interim payments
What needs to be done before considering an interim payment application?
Whether applicant has asked respondant for voluntary payment first!
Part 25 - Interim Payment
When does an application notice for an interim payment be served?
At least 14 days before the hearing date
With evidence as to why
Part 25 - Interim Payments
What reasons can be used to justify the application of an interim payment?
Defendant admits liability
Judgement obtained but costs hearing still to come
Strong case for big sum
Part 25 - Interim Payments
Once a hearing has been established for an interim payment, what must be filed with court and when?
The respondent must file and serve any counter-evidence at least seven days before the hearing
applicant may reply with further evidence filed and served at least three days before the hearing
True or false
Only a defendant can make a security of costs application against a claimant
True
A response to a part 18 request for further information should be…
In writing, signed, dated
The response must also:
- Be verified by a statement of truth, and
- Be filed with the courtand served on all parties
