Judgment Without Trial

1.

1 point

The parties can agree to extend time for filing the defence for a further number of days according to CPR 15.5. What is the maximum number of days extension that can be agreed between the parties?

14 days

28 days

No limit. If the parties agree, any extension is permissible

No extension can be agreed without the prior permission of the Court.

2.

1 point

Which of the following are claims where default judgment CANNOT be obtained by simply filing a request in the appropriate practice form and an application to the court must be made:

i) Against children and protected parties
ii) For fixed costs
iii) For costs (other than fixed costs)
iv) By one spouse or civil partner against the other on a claim in tort.
v) For delivery up of goods where the defendant will not be allowed the alternative of paying their value.
vi) For delivery of goods where the claim form gives the defendant the alternative of paying their value.

[D] i), iii), iv), v)

[B] i), iii), v), vi)

[A] ii), iii), iv) v)

[C] ii), ii, ,iv) vi)

3.

1 point

Can the Court enter default judgment on a Part 8 claim? (See CPR 12.3)

No, it cannot

Yes, by a defendant, No by a claimant

Yes, by an application of a defendant/claimant under Part 23

Yes, a by request of a defendant/claimant

4.

1 point

Default judgment is set aide as of right if the court finds, on an application, that the relevant procedural requirements of Part 12 were not met. CPR 13.2.

True or false?

False

True

5.

1 point

Sister Assumpta sues Polly for breach of contract. The Particulars of Claim are hand delivered to Polly’s office on the 4th of July 2014. What is the first date that Sister Assumpta can apply for default judgment, assuming Polly takes no action?

7 days later

14 days later

21 days later

28 days later

6.

1 point

True or false:

The court may give summary judgment against a defendant in any type of proceedings except –
(a) proceedings for possession of residential premises against a mortgagor or tenant
(b) proceedings for an admiralty claim in rem.

True

False

7.

1 point

In which of these situations is a request for default judgment possible?

(Assume D has failed to reply)

A claim by Eddie O'Neill for breach of contract with the remedy being the delivery of holy stone of Clonrichert

Dick is suing Brennan in negligence. Brennan lives in Edinburgh

A claim by Dave for the honouring of a cheque by Jim.

John O’Leary is sueing his wife, from whom he is separated, Mary O’Leary for a debt

8.

1 point

Complete the first half of test for setting aside default judgment?
(CPR 13)
The defendant must have a......

Case which is more than merely arguable

Compelling prospect of successfully defending the claim

Real prospect of successfully defending the claim

Compelling reason why the case should be disposed of at trial

9.

1 point

Complete the second half of the test for setting aside or varying default judgment

It appears to the court that there is XXXXXXXX why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim

an arguable case

some other good reason

a compelling reason

a clear logic

10.

1 point

Complete the test for summary judgment:

i) The Defendant has no real prospect of succeeding on the claim or issue
AND
ii) There is no XXXXXXX

other compelling reason why the case or issue should be disposed of at trial

likely prospect of the Claimant not succeeding at trial

other good reason why the case should be disposed of at trial

arguable case that the issue should be disposed of at trial

11.

1 point

Dougal is suing Ted for £10,000 after completing computer repairs for which he has not been paid and has applied for summary judgment. Ted has no real prospect of succeeding at defending the claim. However, Ted says that Dougal has breached the implied term in the contract that the work must be done with reasonable care and skill. Ted is countersuing but has not been able to estimate loss. What will Ted be likely to argue?

Ted will argue that the court should grant a stay of execution of the judgment until the counterclaim has been dealt with.

Ted will argue that the money from the counterclaim should be set off against the claim for debt

12.

1 point

Moss is a roofer. Roy hired Moss to fix his roof. On the 1st of August, when the work was completed, Roy wrote Moss a cheque for £10,000 for the work. However, on the 2nd of August, Roy's roof started to leak. He cancelled the cheque.
Moss is suing Roy for the balance of the cheque. Roy is counterclaiming for the cost of repairs and the damage to his property (£14,000).

What will the court do?

Grant summary judgment for Roy but stay the execution of the judgment until after the claim for the breach of contract had been dealt with.

Grant summary judgment for Moss' claim, but set this off until the claim for the damage had been dealt with.

Grant summary judgment for Moss' claim and award him the damages immediately. There is no defence to a bad cheque.

There is no defence to a bad cheque, but this is a rule of equity and so Moss will have to show he has clean hands so as to ensure he is granted his remedy before the counterclaim is dealt with.

13.

1 point

Complete the rule in CPR 24.4.....

(1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed –
(a) an acknowledgement of service; or
(b) a defence,

...unless the court gives permission

.... unless the court gives permission or a practice direction provides otherwise.

... unless there is a practice direction that provides otherwise

14.

1 point

True or false:
Practice Direction 24.4 provides that "where it appears to the court possible that a claim or defence may succeed but improbable that it will do so, the court may make a conditional order, as described below".

False

True

15.

1 point

The Claimant may never apply for summary judgment until the defendant has filed an acknowledgment of service or a defence. True or false?

False, the Claimant can always apply for summary judgment if they have a case which the defendant has real prospect of succeeding on

False, the Court may give permission under CPR 24.4 for an application for summary judgment even if the defendant has not filed an acknowledgment of service or defence

True, if there has been no acknowledgment of service or defence, the correct procedures is for the claimant to apply for default judgment under CPR 12

16.

1 point

A claimant can never obtain default or summary judgment on a part 8 claim. True or false?

True

False, a claimant can obtain summary but not default judgment on a Part 8 claim

False, a claimant can obtain summary and default judgment on a Part 8 claim

17.

1 point

Complete the time limits in the procedure for a summary judgment application.

1. The Respondent must have XX days notice of the hearing date for summary judgment and the issues to be decided.
2. If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must file the written evidence; and
serve copies on every other party to the application at least YY days before the summary judgment hearing.
3. If the Applicant wishes to file evidence in reply to the Respondent's evidence, they must do so ZZ days before the hearing.

What is XX, YY and ZZ?

XX = 14 YY = 7 ZZ = 3

XX = 28 YY =14 ZZ =7

ZZ =14 YY= 3 ZZ= 1

18.

1 point

Default judgment does not apply in Part 8 claims

True or false?

(CPR 12.2)

True

False

19.

1 point

Default judgment may apply on a claim for delibery of goods subject to an agreement regulated by the COnsumer Credit Act 1974.

True or false?

(CPR 12.2)

True

False

20.

1 point

Which of the following is true:

[i] If a Defendant makes a counterclaim and the Claimant does not acknowledge service within 14 days, judgment in default of acknowledgment of service may be entered (CPR 12.3(1)

[ii] If a Defendant makes a counterclaim and the Claimant does not file a defence within 28 days, judgment in default of defence of service may be entered (CPR 12.3(2)

[A] Both are true
[B] Neither are true
[C] [i] is true
[D] [ii] is true

A

B

C

D

21.

1 point

Which of the following are TRUE?

[i] The Claimant may not obtain a default judgment if the defendant has applied to have the Claimant's statement of case struck out under CPR 3.4

[ii] The Claimant may not obtain a default judgment if the defendant has applied for summary judgment under Part 24

[A] Both are true
[B] Neither is true
[C] [i] is true
[D] [ii] is true

(CPR 12.3)

A

B

C

D

22.

1 point

Steph is sued by David for personal injuries, comprised of special damages at £5,000 and general damages to be assessed. David does not file an acknowledgment of service.

Which of the following is CORRECT?

[A] Steph can enter judgment in default of acknowledgement of service by making an application to the Court because damages are yet to be decided.

[B] Steph can enter judgment in default of acknowledgement of service by filing a request with the Court even though damages are yet to be decided.

[C] Steph cannot enter default judgment because the amount of money she is claiming is yet to be decided.

(CPR 12.4(1)(b)

A

B

C

23.

1 point

"Complete CPR 12.9:

Where a claimant wishes to obtain a default judgment for costs only, if the claim is for fixed costs, he _______________.

If the claim is for any other type of costs, ~~~~~~~~~".

What is __________?

[A] may obtain it by filing a request
[B] must make an application in accordance with Part 23

A

B

24.

1 point

"Complete CPR 12.9:

Where a claimant wishes to obtain a default judgment for costs only, if the claim is for fixed costs, he _______________.

If the claim is for any other type of costs, ~~~~~~~~~".

What is ~~~~~~~~~?

[A] may obtain it by filing a request
[B] must make an application in accordance with Part 23

A

B

25.

1 point

Complete CPR 12PD.4 on evidence in default judgment claims

"4.1 ____________________ for default judgment the court must be satisfied that:

1) The ~~~~~~~ ~~ ~~~~~ have been served on the defendant (a certificate of service on the court file will be sufficient evidence),

(2) either the defendant has not filed an ---------- -- ------- r has not filed a defence and that in either case the relevant ~~~~~~ for doing so has expired,

(3) the defendant has not --------- the claim".

What is _______________?

On a request

On application

Both on a request and on an application

26.

1 point

Complete CPR 12PD.4 on evidence in default judgment claims

"4.1 ____________________ for default judgment the court must be satisfied that:

1) The ~~~~~~~ ~~ ~~~~~ have been served on the defendant (a certificate of service on the court file will be sufficient evidence),

(2) either the defendant has not filed an ---------- -- ------- r has not filed a defence and that in either case the relevant ~~~~~~ for doing so has expired,

(3) the defendant has not --------- the claim".

What is ~~~~~~~ ~~ ~~~~~?

27.

1 point

Complete CPR 12PD.4 on evidence in default judgment claims

"4.1 ____________________ for default judgment the court must be satisfied that:

1) The ~~~~~~~ ~~ ~~~~~ have been served on the defendant (a certificate of service on the court file will be sufficient evidence),

(2) either the defendant has not filed an ---------- -- ------- or has not filed a defence and that in either case the relevant ~~~~~~ for doing so has expired,

(3) the defendant has not XXXXXXXXXX the claim".

What is ~~~~~~?

28.

1 point

Complete CPR 12PD.4 on evidence in default judgment claims

"4.1 ____________________ for default judgment the court must be satisfied that:

1) The ~~~~~~~ ~~ ~~~~~ have been served on the defendant (a certificate of service on the court file will be sufficient evidence),

(2) either the defendant has not filed an ---------- -- ------- or has not filed a defence and that in either case the relevant ~~~~~~ for doing so has expired,

(3) the defendant has not XXXXXX the claim".

What is XXXXX?

29.

1 point

Complete CPR 13.3

"The Court __ set aside or vary a judgment entere under part 12 if-
a) the defendant has a ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~.

XX

b) It appears to the Court that there is ---- ---- ---- ----- why the judgment should be set aside or the defendant should be allowed to defend the claim."

What is __?

must

may

30.

1 point

Complete CPR 13.3

"The Court __ set aside or vary a judgment entere under part 12 if-
a) the defendant has a ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~.

XX

b) It appears to the Court that there is ---- ---- ---- ----- why the judgment should be set aside or the defendant should be allowed to defend the claim.

What is ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~?

31.

1 point

Complete CPR 13.3

"The Court __ set aside or vary a judgment entere under part 12 if-
a) the defendant has a ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~.

XX

b) It appears to the Court that there is ---- ---- ---- ----- why the judgment should be set aside or the defendant should be allowed to defend the claim".

What is XX?

or

and

32.

1 point

Complete CPR 13.3

"The Court __ set aside or vary a judgment entere under part 12 if-
a) the defendant has a ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~.

XX

b) It appears to the Court that there is ---- ---- ---- ----- why the judgment should be set aside or the defendant should be allowed to defend the claim".

What is ---- ---- ---- -----?