14. Interim Applications—Common Types

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.

12. Responding to a Claim

This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.

13. Default Judgment

Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.

38. Listing and Pre-Trial Reviews

Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.

8. The Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the civil justice system. Civil justice is concerned with the private dispute between individuals in the absence of the state. It seeks to solve disputes before they have had a chance to enter the legal structure, through the use of alternative dispute resolution (ADR). Civil justice follows a similar pattern to its criminal counterpart; however, some of the procedural rules—specifically those relating to evidence—appear to be much more relaxed than in the criminal justice system. During the process of civil justice, a number of issues may arise which would bring the procedure to an end. These issues include ADR, through which parties may decide to settle the case at any point; default judgment, wherein judgment may be entered against a defendant at any point in the proceedings; and offers to settle, known as ‘Part 36 Offers’, in which an individual makes an offer to another without prejudice.

14. Interim Applications—Common Types

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.

38. Listing and Pre-Trial Reviews

Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.

13. Default Judgment

Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.

12. Responding to a Claim

This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.