Applications—specific

Q&As

Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?

We have not been able to find any authority which considers the issue of whether interest is payable on the late payment of a court ordered interim...

Produced in partnership with Peter Edwards of Devereux Chambers 8th Jan

Q&As

Can a default judgment be set aside once it has been fully paid on grounds that it should never have been made?

Under CPR 13.3(1), the court may set aside or vary a default judgment if the defendant has a real prospect of defending the claim or there is some...

Produced in partnership with Philip Roberts of Clarke Wilmott LLP 8th Jan

Q&As

Can you reinstate a claim ten years after it has been struck out for non-compliance?

The court has a general power whether of its own motion or on the application of a party to strike out a claim for non-compliance with an order, rule...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it make a difference what the nature of the mistake is?

It is assumed for the purposes of this Q&A that the claim has been brought within the applicable limitation period, and any amendment to the relevant...

Produced in partnership with Ryan Turner of Lamb Chambers 8th Jan

Q&As

Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim form, or does the defendant need to wait till the expiration of the four-month window as per CPR 7.4 (2)?

Strike outThe court has the power to strike out a statement of case, in whole or in part, under CPR 3.4(2)(c) for failure to comply with rules,...

8th Dec

Q&As

Does the court have a duty to dispose of cases as soon as possible?

This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules (CPR) and associated Practice Directions. There are several CPR...

28th Nov

Q&As

Where a client has issued proceedings and the defendant has responded with a bare defence and a Part 18 RFI requesting the information in 14 days time, does this affect the timeframe for a reply to defence?

Part 18 RequestA Part 18 request is a request for further information which can be made under CPR 18 where a party has been served with a statement of...

28th Nov

Q&As

Is there is any deadline within which the claimant has to make an application for judgment in default?

The timing for making a request or application for a default judgment is that it can be made as soon as the deadline for filing the defence has...

28th Nov

Q&As

What options does my claimant client have if their claim is struck out? Are they prevented from bringing a second action?

Where a claimant's claim is struck out, depending on the circumstances of the case, they may be able to:•apply to set aside the strike out order•apply...

28th Nov

Q&As

If a claimant obtains judgment in respect of a claim for a debt, but the debt has been satisfied but a defence was not filed, can the claimant request that the judgment be set aside or struck out?

Who can apply to set aside?It appears that a party has obtained a judgment in accordance with the provisions of CPR 12. It is not clear if you are...

28th Nov

Q&As

Where a defendant has failed to respond to a claim for a specified sum of just under £12,000, what is the procedure for requesting a default judgement with an order for costs? Or can only fixed costs be recovered when requesting judgement in default for a specified sum, regardless of value?

Default judgmentsCPR 12 and CPR PD 12 set out the rules and procedure for obtaining a default judgment following a failure by a defendant to file an...

28th Nov

Q&As

What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment proceedings commenced out of time?

Time limit for commencing detailed assessment proceedingsDetailed assessment proceedings must be started within three calendar months (CPR 2.10) of...

28th Nov

Q&As

Can a witness be required to respond to Part 18 requests for further information?

In answering this Q&A, we have referred to a request for further information which has been made of the claimant or via the claimant’s solicitors.CPR...

28th Nov

Q&As

Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?

For information on the criteria for setting aside a default judgment and factors the court will take into account, we refer you to our Lexis®PSL...

28th Nov

Q&As

What is the process for seeking costs against a claimant who has had a claim struck out for non-payment of trial fees?

The basis of the ability to recovery costs is set out in CPR 3.7A1(6) which deals with the sanctions applicable when there is non-payment of the trial...

28th Nov

Q&As

Where the County Court has struck out a claim, what is the time limit for the claimant to apply to have the claim reinstated?

It is assumed that in order to reinstate a claim at the County Court that the claim has therefore been struck out for non-payment of a fee under CPR...

28th Nov

Q&As

Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?

The general rule, set out in CPR 15.4(1) is that the period for serving a defence is:•14 days after service of the particulars of claim, or•if the...

28th Nov

Q&As

Where a County Court case is transferred to the High Court for enforcement of a default judgment, should an application to set aside the default judgment be brought in the County Court where the judgment was made or the High Court where enforcement proceedings are pending?

A County Court judgment can be transferred to the High Court for the purposes of enforcement under CPR 70.3.If a judgment or order is set aside, any...

28th Nov

Q&As

What action can a claimant take where a defendant breaches a consent order in a Part 8 claim?

This Q&A considers the action a claimant can take where a defendant breaches a consent order in a Part 8 claim.A claimant cannot seek default judgment...

28th Nov

Q&As

Does the court have jurisdiction to consider a second application to set aside default judgment?

This issue was considered by the High Court (Cox J) in Samara.In that case, the first defendant's application to set aside default judgment was...

28th Nov

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