Applications—specific

Q&As

I am making an application which needs to be made promptly under the CPR rules. What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances...

Produced in partnership with David Peachey 11th Feb

COVID-19

Q&As

Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it unless the defendant defaults, can the claimant apply for default judgment following failure by the defendant to file acknowledgement of service/defence?

This Q&A assumes that proceedings have been started but that the parties have agreed:•a schedule or other mechanism by which the agreed sums are to be...

Produced in partnership with David Willink of Lamb Chambers 11th Feb

Q&As

When submitting an N244 to set the judgment aside default judgment with three respondents to the claim, does an application form need to be prepared for each respondent or can the three respondents be included on one application form?

Where default judgment has been obtained, an application must be made to set it aside. To do this, you must file and serve:•Form N244 (or Form N244CC...

11th Feb

Q&As

If I have provided a foreign language document in response to a Part 18 request, do I have to provide an English translation

There does not appear to be a specific rule under the Civil Procedure Rules 1998 or within any of the potentially applicable court guides which...

11th Feb

Q&As

Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?

This Q&A assumes that the court has served a notice requiring the hearing fee to be paid by a specified date, failing which the claim will be...

Produced in partnership with Alex Bagnall of Total Legal Solutions 11th Feb

Q&As

What is the time limit for a claimant to respond to a defendant’s application to set aside a default judgment?

If a default judgment has already been entered and the defendant wishes to defend the claim, an application should be made to set it aside. Under CPR...

11th Feb

Q&As

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?

The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction...

11th Feb

Q&As

What are the options for claimant where the defendant has failed to disclose any documents as ordered by the court?

Court’s approachIt is the court’s intention to keep the time and cost of litigating to a minimum and the court is now taking a more pro-active...

11th Feb

Q&As

In a court application can a defendant company claim their costs if not legally represented?

The issue in this question is whether the defendant, as a limited company, would be considered to be a litigant in person (LIP) and whether a litigant...

11th Feb

Q&As

What are the time limits, if any, for a defendant to apply to strike out the claimant’s claim? Does service of the acknowledgment of service affect this time limit?

CPR 3.4 sets out the court’s power to strike out a statement of case. It may do this if it appears that:•the statement of case discloses no reasonable...

11th Feb

Q&As

Do you have a Precedent in support of an application for judgment in default for failure to file defence?

See: Certificate of service: general form: Atkin's Court Forms [251] which contain a range of Precedents (navigable via the table of contents).In...

10th Feb

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Feb

In-house

Practice notes

Summary judgment—making the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Feb

Q&As

When the Supreme Court refuses permission to appeal: Is there any requirement for any reasons to be given for the decision? Is there any provision allowing for any party to request an oral hearing to challenge the decision? Is there any possibility to refer the matter to the Court of Justice of the European Union where the issue relates to a matter of EU law?

Requirement to give reasons for a refusal of permissionSupreme Court Rules Practice Directions (SCR PD) 3, para 3.3.1 provides that the appeal panel...

4th Feb

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications [Archived]

ARCHIVED: The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice....

4th Feb

Practice notes

Interim payments—key and illustrative decisions

This Practice Note summarises a number of key and/or illustrative cases relevant to interim payments.For guidance on the procedure for making an...

1st Feb

Precedents

Witness statement in support of application to set aside default judgment

Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

29th Jan

Q&As

What are the options available to an individual whose claim was struck out because their particulars of claim were not Civil Procedure Rules compliant, in circumstances where the individual had been advised at the time of drafting that in fact they were compliant?

We have assumed that POC means ‘Particulars of Claim’.Strike outThere are a number of steps you may be able to take when subject to an order striking...

28th Jan

Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...

Produced in partnership with Ali Tabari of St Philips Chambers 25th Jan

Practice notes

Relief from sanctions—the application

This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...

22nd Jan

COVID-19