Application for extension of time to file Defence – Mandatory setting aside of Default Judgment – Rules 10.3(9) and 13.2(1)(b) of the Civil Procedure Rules (CPR)
Application for Extension of Time to File Defence – Whether delay is inordinate – Is there a good reason for the delay – Whether there is an arguable case – Rules 10.3(a) and 26.1(2)(c) of the Civil Procedure Rules (CPR) 2006 (as amended).
Application to amend statement of case – Rule 20.4 of the Civil Procedure Rule (CPR) - Whether the Statement of Case can be amended after the limitation period.
Rule 13.3 of the Civil Procedure Rule as amended (2006) – Application to set aside Default Judgment – Whether the 2nd Defendant has a real prospect of defending the case – Delay in making the application –whether there is a good reason for failing to file an Acknowledgment of Service
Application to Set Aside Default Judgment – Rule 13.3 of the Civil Procedure Rules (CPR) as amended [2006] Failure to file Defence in time – Whether inordinate to make Application to Set Aside Default Judgment – Realistic Prospect of Success
Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)
Civil Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)
Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).
Default Judgment – Application to Set Aside Default Judgment pursuant to Rule 13.3 of the Civil Procedure Rule (CPR) – Defendant a Limited Liability Company – issue as to whether served with the Claim Form and Particulars of Claim – No Acknowledgment of Service filed – Rules 5.7; 12.4; 30.3 of the CPR as amended 2006
Application for Extension of Time to File Defence pursuant to rules 10.3 (9) and 26.1(2)(c) of the Civil Procedure Rule (CPR) as amended – Length of Delay – Whether a good explanation is offered for the delay – Whether the Defendant has a good defence – whether the Claimant would suffer prejudice if the application is granted.
