2019

Civil Procedure – Application by insurance company to set aside order for service by a specified method and application to set default judgment aside –Unsigned and unsealed copy of Court order served with the claim form – Sealed copy of Order served after the expiration of the six months’ extension permitted by Rule 8.15(2) of the Civil Procedure Rules – Order appearing to extend the validity of the claim form for a period longer than six months – What is required in making an application for a second extension – Whether default judgment irregularly obtained – Rule 13.2 of the Civil Procedu

Civil Procedure – Application by insurance company to set aside order for service by a specified method – Considerations for the Court.

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whet

Civil procedure – Application by defendant to extend the time within which to file defence – Civil Procedure Rules, rule 10.3 – Application by claimant to strike out defendants’ statement of case – CPR rule 26.3(1) – considerations for the Court.

Application for relief from sanctions

Civil Procedure - Application to set aside order for substituted service and order to extend the validity of the claim form. CPR 11.16

Civil Procedure – Application for permission to file defence out of time – CPR 10.3(9), application to enter default judgment – CPR CPR 12.3(1), CPR 12.3(6)

Civil Procedure – Notice of Application for Court Orders – Civil Procedure Rules (CPR) 69.4 – Whether words complained of are capable of bearing meaning attributed to them – The Defamation Act 2013

Civil Procedure – Application to set aside default judgment – CPR 13.2 and 13.3