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Civil Litigation Cases
Terms in this set (6)
1. Is there a serious issue to be tried?
2. Would damages be an adequate remedy for a party injured by the Court's grant of, or its failure to grant, an injunction?
3. Balance of convenience.
1. Identify and assess the seriousness and significance of the failure to comply with any rule, practice direction or court order.
2. To consider why the default occurred - is there a good reason for it?
3. To evaluate in all the circumstances of the case, so as to enable the court to deal justly with the application
A person innocently caught up in wrongdoing of another so they are more than mere witness can be compelled to disclose identity of wrongdoer so that proceedings may be brought against the proper defendant.
1. Wrong must have been carried out or arguably carried out, by an ultimate wrong doer.
2. Must be need for an order to enable action to be brought against ultimate wrongdoer.
3. Person against whom order is sought must:
(a) Be mixed up in so as to have facilitated the wrongdoing;
(b) Be able or likely to provide the info necessary to enable the ultimate wrongdoer to be sued
A settlement offer written "without prejudice save as to costs". Meaning that, if the offer is not accepted, it cannot be referred to during the course of the legal proceedings relating to the claim itself, but it can be referred to the court on the question of costs.
The unsuccessful defendant is ordered to pay the successful defendant's costs directly.
The claimant is ordered to pay the successful defendant's costs, but the unsuccessful defendant (or defendants) are ordered to reimburse the claimant for those costs.
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