Civil Unit 10 - Strike Out, Summary Judgment and Sanctions

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Questions and Answers

What is the main difference between CPR 24.2 and 13.3(1)?

CPR 24.2 requires the defendant to prove they have grounds for believing the claimant has no real prospect of success, whereas 13.3(1) requires the claimant to prove they have good reason for the judgment to be set aside.

CPR 24.2 requires the claimant to prove they have grounds for believing the defendant has no real prospect of success, whereas 13.3(1) requires the defendant to prove they have good reason for the judgment to be set aside. (correct)

CPR 24.2 requires the defendant to prove they have a real prospect of success, whereas 13.3(1) requires the claimant to prove the defendant has no real prospect of success.

CPR 24.2 requires the claimant to prove they have a real prospect of success, whereas 13.3(1) requires the defendant to prove they have no real prospect of success.

What is the discretionary power to set aside a judgment based on?

Whether the claimant has been properly notified of the hearing.

Whether the defendant can demonstrate a real prospect of successfully defending the claim or provide a compelling reason for setting aside the judgment. (correct)

Whether the claimant has suffered undue hardship as a result of the judgment.

Whether the defendant has acted in good faith throughout the proceedings.

What does the Court of Appeal's decision in De Ferranti v Execuzen Ltd suggest about setting aside a judgment?

The court will always set aside a judgment if procedural errors have been made.

The court is required to set aside a judgment if the applicant was not properly notified of the hearing.

The court may not set aside a judgment even if the applicant was not properly notified of the hearing. (correct)

The court cannot set aside a judgment if the applicant was not given sufficient time to prepare their case.

How does the court's decision to impose a condition on an order granting a party's application under rule 13.3 affect the outcome?

It effectively denies the party's original application. (A) Signup and view all the answers

According to Samara v MBI & Partners UK Ltd, what is the nature of a decision made under rule 13.3?

A final decision that cannot be further challenged except in specific circumstances. (A) Signup and view all the answers

What potential reason for setting aside judgment is highlighted in the case of Ahmet Erol v Global Fashion Links Ltd?

Failure to serve a response pack. (A) Signup and view all the answers

How do the cases of Gulf International Bank BSC v Ekttitab Holding Company KSCC and Henriksen v Pires differ in their approach to setting aside judgment based on failure to serve a response pack?

They disagree on whether such failure is sufficient to justify setting aside judgment. (B) Signup and view all the answers

In the context of setting aside judgment, what does the phrase "some other good reason" encompass?

A wide range of compelling reasons that could lead to an unfair judgment. (B) Signup and view all the answers

What was the purpose of granting permission to the non-party, X, in the case of Humber Work Boats Ltd v Owners of the Selby Paradigm?

To be joined as a second defendant (D) Signup and view all the answers

In the context of setting aside a judgment, what was the default judgment not considered to be in relation to the joinder of X?

A bar to the joinder of X (A) Signup and view all the answers

What must be established regarding the defense of D or X according to the ruling in this case?

That it has a real prospect of success (C) Signup and view all the answers

Which rule was cited in the judgment allowing X to set aside the default judgment?

r.19.2 (A) Signup and view all the answers

Who were the parties involved in the case of Humber Work Boats Ltd v Owners of the Selby Paradigm?

The defendant and a non-party insurer (B) Signup and view all the answers

A claimant may obtain a default judgment in which of the following scenarios?

The defendant has filed an acknowledgment of service but has not filed a defense within the required time. (A), The defendant has not filed an acknowledgment of service and the time limit for doing so has expired. (C) Signup and view all the answers

Which of the following is NOT a condition for obtaining a default judgment?

The defendant must have been found to be in default of the claim. (B) Signup and view all the answers

What is the meaning of the term 'default judgment' as defined in the CPR?

A judgment that is obtained by the court without a trial, where the defendant has failed to respond to the claim. (B) Signup and view all the answers

Which rule sets out the conditions that must be satisfied before a claimant can obtain judgment in default of acknowledgment of service?

CPR 12.3 (C) Signup and view all the answers

What is the nature of a judgment obtained through the default judgment procedure?

It is a binding judgment, but the defendant can apply to have it set aside. (B) Signup and view all the answers

Which claims are considered suitable for allocation to the small claims track?

Claims for damages not exceeding £10,000 (C) Signup and view all the answers

Under what condition can a claim be allocated to the fast track?

If the court considers it appropriate based on the claim’s specifics (D) Signup and view all the answers

What distinguishes the intermediate track from the small and fast tracks?

It can include claims for non-monetary relief (A) Signup and view all the answers

What is the maximum value for a claim to be allocated to the small claims track?

£10,000 (B) Signup and view all the answers

Which of the following statements is true regarding the multi-track?

It captures any claim not suitable for small, fast, or intermediate tracks. (D) Signup and view all the answers

What action may the court take if a party fails to file a questionnaire?

The court may give any direction it considers appropriate. (B) Signup and view all the answers

What must the court consider when deciding the track for a claim?

The financial value of the claim and other relevant matters. (D) Signup and view all the answers

Under what circumstances can the court reassign a claim to a different complexity band?

If there has been a change in circumstances since initial directions were made. (D) Signup and view all the answers

What happens after a claim is allocated to a track?

The court serves notice of allocation to every party. (D) Signup and view all the answers

When determining the financial value of a claim, what must the court disregard?

The amount the claimant actually expects to recover. (B) Signup and view all the answers

Which principle is applied to determine if an amount is in dispute?

Any amount not admitted by the defendant is in dispute. (D) Signup and view all the answers

What can the court do on its own initiative regarding a claim's track allocation?

The court may reallocate the claim to a different track. (C) Signup and view all the answers

What is the significance of CPR 26.13 in court proceedings?

It outlines the general approach to allocation to track or complexity band. (C) Signup and view all the answers

What happens if a party does not comply with the notice served under paragraph (1) by the specified date?

The party may be ordered to pay costs caused by the default. (D) Signup and view all the answers

When can the court vary the time for serving a directions questionnaire under this rule?

In respect of claims issued by the Production Centre. (A) Signup and view all the answers

Under what condition will a claim automatically be stayed for one month?

If all parties request a stay. (D) Signup and view all the answers

What must the claimant do if a settlement is reached during the stay of proceedings?

Inform the court before the end of the stay period. (D) Signup and view all the answers

What does the court consider if a party is in default after a case has been struck out?

Whether it would be unjust to order costs to be paid. (A) Signup and view all the answers

What is the maximum duration for which the court may stay proceedings if deemed appropriate?

For a specified period as the court considers appropriate. (B) Signup and view all the answers

What is the requirement for the court to issue a notice under paragraph (1)?

At least one defendant must file a response. (D) Signup and view all the answers

What impact does rule 26.3 have on the court's actions regarding notices served?

The court will not serve a notice until a specific condition is met. (A) Signup and view all the answers

Study Notes

Syllabus Area 12: Default Judgment and Summary Judgment

Default judgment is a judgment made without a trial when a defendant fails to file an acknowledgment of service or a defence.
Summary judgment is a judgment made without a trial when the court determines a party has no real prospect of succeeding on the claim, defence or issue.

Syllabus Area 13: Case Management, Sanctions, Striking Out, and Discontinuance

The small claims track, fast track, intermediate track and multi-track are different procedures for managing cases.
Allocation and assignment involves assigning cases to the appropriate track.
Case management procedures are designed to manage cases efficiently and fairly.
Costs management involves managing and controlling costs associated with the case.
Directions provide instructions from the court for managing procedures and issues.
Relief from sanctions is a mechanism for the court to modify or waive penalties imposed for failing to adhere to procedural rules.
Striking out a claim occurs when a court removes a claim from the proceedings if it does not have reasonable grounds or is an abuse of the court's process.
Discontinuance is when a party withdraws all or part of their claim.

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Description

This quiz explores key differences and principles surrounding CPR 24.2 and 13.3(1), including the discretionary power of the court in setting aside judgments and cases that illustrate these concepts. Participants will analyze various court rulings to understand the implications of these rules on judgment outcomes.