Advocacy
| Term/Front | Definition/Back |
|---|---|
| 1 Summary judgement |
Introduction, then state test no real prospect/other compelling reason, address first part then second part (experts, oral evidence, complexity etc), conclude/address costs |
| 2 Set aside default judgement |
Intro, check if mandatory ground (deadline not expired, other order ongoing, claim paid/settled, proceeding not properly served), if no then establish real prospect of defending or other reason, address promptness, then reason/circumstances (previous compliance, fairness, would costs work etc), conclude |
| 3 Relief from sanctions |
Intro (the order breached, the deadline, the actual date of compliance, sanction, the corrective order sought), explain denton then apply, seriousness/impact of breach, why it happened, all the circumstances (promptness, previous compliance, fairness etc), apology/accept costs, conclude |
| 4 Interim Payment |
Intro, ground (judgement but no final sum, liability admitted, court satisfied will receive large sum), likely final judgement (account for sanctions etc), reasonable proportion (not close to whole thing), account for any contributory neg and set off and counterclaim, give reason, ask for costs in conclusion |
| 5 Security for costs |
Intro, gateway (jurisdiction, corp unable to pay, wrong or changed address, assets moved) and establish it, order is just (not preventing claim, real risk, prompt app, stages or one payment etc), justify amount/form/time, conclude |
| 6 Specific disclosure |
intro, existing request → precise documents → relevance → why believe existence/control → not proportionate search/disclosure, reasonableness/safeguards, exact order/time, conclusion. |
|
7
Interim injunction |
Intro, serious issue to be tried, would damages suffice/cross-undertaking work if wrongly granted, balance of harm (granting vs not granting), identify status-quo and safeguards (like timing and undertaking), conclude |
| 8 Security for costs | Intro, gateway (jurisdiction, corp unable to pay, wrong or changed address, assets moved) and establish it, order is just (not preventing claim, real risk, prompt app, stages or one payment etc), justify amount/form/time, conclude |
| 9 Unless order: | Intro (og order, deadline, default, precise UO sought), explain OG order and breach, own compliance, history/attempts to secure compliance, overriding objective and proportionality (show practical effect of non-compliance), propose order (comply by X or struck out), conclude and ask for summary costs |
114
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