#9809 - Applications A3 Comparison Table - BPC Civil Litigation

Set out general rules for court orders.

Applies to all applications for orders or directions made before the trial or substantive hearing of the claim:

1. case management matters

2. interim injunctions

3. other interim remedies

4. interim payments

5. security for costs

6. orders for responses to requests for further information

As soon as apparent it is necessary / desirable

ASAP BUT after A has come on to court record

Pre-action if:

1. urgent; OR

2. otherwise desirable / necessary in the interests of justice

Yes, unless good reason:

3. exceptional urgency

4. OO best furthered

5. by consent

6. permitted by rule, PD, court order

7. hearing date fixed and no time

Unless secret informal notice

Yes, generally.

4 formats (must contain statement of truth):

1. full info in body of application notice

2. SoCs

3. WSs

4. affidavit / affirmation

interim remedies - must include

case management directions - no

If there is to be a hearing, must serve application notice (+ evidence + draft order) ASAP after filing and minimum 3 clear days before hearing

telephone hearing: serve 5 clear days before

Don't serve if without notice

May file

ASAP and in accordance with any directions

Yes, unless:

1. parties agree terms of order sought

2. parties agree to no hearing

3. court thinks inappropriate

May be by telephone if case management / interim hearing <1 hour

judge

OR

master

OR

DJ

Parties must file statement of costs not less than 24 hours before hearing

Summary assessment after hearing if <1 day

Payable within 14 days

Set aside default judgment

(Court can also do of own initiative)

Must set aside if:

1. essential conditions about failure to AoS etc. not satisfied

2. claim satisfied befor judgment entered

3. D already applied for SJ / strike out

4. D filed admission requesting time to pay

May set aside if:

1. D has a real prospect of successfully defending the claim; OR

2. some other good reason

As soon as apparent it is necessary / desirable

i.e. After default judgment entered

If D has applied for SJ OR strike out, not until SJ / strike out application disposed of

Plain and obvious case where trial pointless

Alternative to SJ.

May strike out SoC / part of SoC if:

1. discloses no reasonable grounds for bringing or defending the claim;

2. abuse of process;

3. otherwise likely to obstruct just disposal of proceedings

4. failure to comply with rule, PD, court order; OR

If several grounds: plain and obvious that trial pointless?

Parties

OR

court of own initiative

OR

court officer can refer (except failure to comply with rule, PD, court order)

Court may make if one of following:

1. D admitted liability

2. C obtained judgement against D

3. if claim went to trial, C would obtain judgment against D for a substantial sum

4. C seeking order for possession of land: if case went to trial D would be held liable to pay C for use and occupation of land whilst claim pending

5. more than 2 Ds:

   1. if claim went to trial, C would obtain judgment against at least 1 D for a substantial sum

   2. all Ds: insured, public bodies, uninsured drivers represented by MIB

Court may award a reasonable proportion of likely final judgment (- contrib, set off, counterclaim)

After period for filing AoS has expired

May make second application if change of circumstances

C

OR

Voluntary (if liability not in dispute but quantum if) - still need permission if D is child / PP

Must include:

1. sum sought

2. purpose money needed for (need real need for money)

3. likely sum of final judgment

4. PI: specials, past + future loss

5. fatal accidents: dependant

If there is to be a hearing, must serve application notice (+ evidence + draft order) ASAP after filing and minimum 14 clear days before hearing, informing R that must file evidence in reply within 7 days of hearing

PI: include certificate of recoverable benefits

If wish to rely on evidence at hearing R must file and serve within 7 clear days before hearing

If wish to rely, A must file and serve further evidence within 3 clear days of hearing

Orders re: relevant property for:

1. detention, custody, preservation

2. inspection

3. sampling

4. experimenting

5. sale (if perishable or need to sell quickly)

6. payment of income from property till claim concluded

AND

Order authorising person to enter property to do above

Allocation stage with DQ (draft consent directions)

at CMC

on application after issue

Must include

order to enter property - must be affidavit

Inspection / disclosure against a non-party during proceedings - s34 SCA

(interim remedy)

1. relevant documents / property is / has been in R's possession, custody or power

2. document / property likely to support A's case OR adversely affect another party's case

3. necessary to: dispose fairly of proceedings / save costs

2. just and convenient

3. serious issue to be tried

4. damages adequate for A

5. C's undertaking provides adequate protection for D

6. balance of convenience

IMI - high degree of assurance AND course likely to include least injustice

Defamation - no injunction if defence of fair dealing OR libel not obviously untrue

Art 8 / Art 10 - C must establish case which would probably succeed at trial.

Balance = info protected by Art 8? If so should Art 8 yield to Art 10?

finally dispose of claim - case overwhelming on merits

covenants in restraint of trade...