Civil Litigation SGS 5 Responding to a claim & Default Judgement

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billsykes
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204270
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Civil Litigation SGS 5 Responding to a claim & Default Judgement
Updated:
2013-03-11 09:24:42
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Civil Litigation
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Civil Litigation
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  1. Which of the following descriptions regarding the circumstances in which a claimant may obtain a default judgment is/are CORRECT?

    (i)  Where the defendant has satisfied the whole claim (including any claim for costs) upon which the claimant is seeking judgment.

    (ii)  Where the defendant has failed to file a defence or an acknowledgment of service and the relevant time limit for doing so has expired.

    (iii)  Where the defendant has filed an acknowledgment of service but has not filed a defence and the relevant time limit for doing so has expired.

    (iv)  Where the claim is for delivery of goods subject to a Consumer Credit Act Agreement.

    Select ONE of the following:

    [A] (ii) and (iii) only.

    [B] (i) and (ii) only.

    [C] (i), (ii) and (iii).

    [D] (ii), (iii) and (iv).
    [A] (ii) and (iii) only.

    [[A] is the CORRECT. See CPR Rules 12.3(1) and 12.3(2) regarding statements (ii) and (iii). Note that statements (i) and (iv) are NOT correct - see CPR Rules 12.3(3) (b) and 12.2(a) respectively].
  2. Fiddle Limited recently issued proceedings against Dodd & Co Limited for breach of contract. The Claim Form and Particulars of Claim were served on Dodd & Co Limited on 27 July. On 6 August Fiddle Limited entered judgment in default of the service of a defence or an acknowledgment of service. Which ONE of the following statements is
    CORRECT?

    [A] The court may set aside the default judgment if Dodd & Co Limited canshow a triable issue.

    [B] The court may set aside the default judgment if Dodd & Co Limited has no real prospect of successfully defending the claim and no other goodr eason why the judgment should be set aside or why they should be allowed to defend the claim.

    [C] The court must set aside the default judgment because the time limit for the service of an acknowledgement of service or a defence had not expired.

    [D] The court must set aside the default judgment if Dodd & Co Limited has a real prospect of successfully defending the claim.
    [[C] is CORRECT. This is because 14 days have not passed since the claim form and particulars of claim were served on 27July. See CPR Rules 13.2, 12.3(1) and (2), 10.3(1) and 15.4(1)].

    [A] The court may set aside the default judgment if Dodd & Co Limited canshow a triable issue. [The test in CPR Rule 13.3(1)(a) is that the defendant has a real prospect of successfully defending the claim NOT that there is a “triable issue”].

    [B] The court may set aside the default judgment if Dodd & Co Limited has no real prospect of successfully defending the claim and no other good reason why the judgment should be set aside or why they should be allowed to defend the claim. [The test in CPR Rule 13.3(1)(a) is that the defendant has a real prospect of successfully defending the claim or that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed todefend the claim. The word “no” is therefore NOT correct].

    [D] The court must set aside the default judgment if Dodd & Co Limited has a real prospect of successfully defending the claim. [In these specific circumstances where default judgment was ‘wrongly entered’ the court would proceed as [C] above. In any event, it is not a ground under CPR Rule 13.2 where the court must set aside. It is a ground under CPR Rule 13.3 where the court may set aside default judgment].
  3. Sally was injured at Gladbury Zoo when a crocodile ran up the side of its pit and bit her in the face as she was leaning over to take a photograph of it. She issued and served proceedings against Gladbury Zoo for damages for personal injury including nervous shock. The Zoo has failed to file an acknowledgment of service or a defence within the relevant time limit.

    She now wishes to apply for default judgment. Which ONE of the following statements is CORRECT?

    [A] She can obtain default judgment by filing a request in the relevant practice form.

    [B] She must apply to the court for default judgment, in accordance with Part 23.

    [C]She will not be entitled to default judgment because her claim is for an amount that is yet to be decided.

    [D]The court must set aside any default judgment if Gladbury Zoo demonstrate a real prospect of successfully defending the claim or there is some other good reason why the judgment should be set aside or why Gladbury Zoo should be allowed to defend the claim.
    [A] She can obtain default judgment by filing a request in the relevant practice form.

    [[A] is CORRECT. This is because the claim by Sally is for an amount of money to be decided by the court. See CPR Rules12.3 and 12.4(1)(b)].
  4. 7 days have passed since the day on which a claim form and particulars of claim for damages for negligent advice were deemed to have been served on Rosa, a financial adviser. Assuming that the Claim Form and Particulars of Claim were deemed to have been served on the same day, which ONE of the following statements is WRONG?

    [A]  She may file an admission of the claim within the next 7 days.

    [B]  She now has up to 7 days to file an acknowledgment of service.

    [C]  If she files an acknowledgment of service today, she has another 21 days within which to file a defence.

    [D]  If she does not file an acknowledgment of service, she has another 14days within which to file a defence.
    [D]  If she does not file an acknowledgment of service, she has another 14days within which to file a defence.

    [[D] is WRONG and is thereforethe CORRECT answer. Rosa has a further 7 days within which tofile a defence if she does not file an acknowledgement of service.See CPR Rule 15.4(1)(a)]
  5. D.J. Jones Limited issued a claim against Woolly Jumpers Limited claiming £20,000, being the price of goods sold and delivered. Woolly Jumpers Limited wish to admit the claim. Which ONE of the following statements is WRONG?

    [A] If the admission is to be under the special procedure for admission of money claims it must be made within 21 days of service of
    the particulars of claim.

    [B] Woolly Jumpers Limited may, if they wish, only admit part of the claim.

    [C] Whilst making the admission, Woolly Jumpers Limited may request time to pay.

    [D] If Woolly Jumpers Limited admit the claim, the court may allow payment to be in instalments if D.J. Jones Limited have requested judgment and specified payment by instalments.
    [A] If the admission is to be under the special procedure for admission of money claims it must be made within 21 days of service of the particulars of claim.

    [[A] is WRONG and is therefore the CORRECT answer. The correct period of time for making the admission is 14 days. See CPR Rules 14.2(1) and 14.4]
  6. When must the court set aside a default judgment?
    Where it has been wrongly entered.
  7. When may the court set aside a default judgment?
    DISCRETION: If the defendant has a real prospect of defending the claim or there is a good reason to set aside judgment in default (e.g. conduct of claimant)

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