Advocacy SQE2 about:srcdoc
Advocacy SQE2
• no real prospect of success; and
What are the discretionary grounds for summary • there is no other compelling reason for
judgement under the CPR? trial
CPR 24.3
• defendant needs more time for an
investigation
• expert evidence is required
What are some examples of compelling reasons
• multi-party litigation
for trial in a summary judgement application?
• scrutiny of key documents
• defendant has the right to a trial by jury
(e.g. fraud cases)
1. whether it is just to make the order; and
What are the 2 key matters which the court 2. whether one of the 6 key conditions are
considers in a security for costs application? met
CPR 25.13
1. claimant is outside the jurisdiction
2. claimant is a company & there is reason
to believe they wont be able to pay
defendant’s costs
3. claimant taking actions that make cost
What are the 6 conditions the court considers in enforcement difficult
a security for costs application? 4. claimant changed their address
5. claimant fails to give address
6. claimant acting as a nominal claimant &
reason to believe they wont be able to
pay costs
CPR 25.13
If the conditions are met for a security for costs • no, the court has discretion to order
application, must the court grant the order? security.
• the primary consideration is the
respondent’s ability to meet the security
requirement
1 of 9 01/09/2025, 10:04
,Advocacy SQE2 about:srcdoc
CPR 25.13
American Cyanamid Guidelines:
1. is there a serious question to be tried?
2. would damages be an adequate remedy
What guidelines will the court consider when
instead?
deciding whether to grant an interim prohibitory
injunction? 3. where does the balance of convenience
lie? (would granting the injunction carry
a lesser risk of injustice than not
granting it?)
1. they should only seek an injunction if it
What 3 principles should a party seeking an serves a practical purpose
injunction abide by as it is an equitable remedy? 2. they must have ‘clean hands’
3. they must not cause excessive delay
1. the claim has no reasonable grounds or
When can an application for strike out be
2. it is an abuse of process
brought?
CPR 3.4(2)(a)
Discretionary if:
1. applicant has a real prospect of
What is the legal test for an application to set successfully defending the claim OR
aside default judgement? 2. there was some other compelling reason
for the failure to respond to the action
CPR 13.3
Denton Principles:
1. identify the seriousness and significance
of the failure
2. consider why the default occurred
3. evaluate the circumstances of the case
What is the 3 step process for dealing with an to ensure the court deals with the
application for relief from sanctions? matter justly, considering:
1. litigation should be conducted
efficiently at proportionate cost
and
2. court must enforce compliance
with rules, PDs and orders
an order which provides for an automatic
What is an unless order? sanction in the event of non-compliance with
the order
2 of 9
01/09/2025, 10:04
Advocacy SQE2
• no real prospect of success; and
What are the discretionary grounds for summary • there is no other compelling reason for
judgement under the CPR? trial
CPR 24.3
• defendant needs more time for an
investigation
• expert evidence is required
What are some examples of compelling reasons
• multi-party litigation
for trial in a summary judgement application?
• scrutiny of key documents
• defendant has the right to a trial by jury
(e.g. fraud cases)
1. whether it is just to make the order; and
What are the 2 key matters which the court 2. whether one of the 6 key conditions are
considers in a security for costs application? met
CPR 25.13
1. claimant is outside the jurisdiction
2. claimant is a company & there is reason
to believe they wont be able to pay
defendant’s costs
3. claimant taking actions that make cost
What are the 6 conditions the court considers in enforcement difficult
a security for costs application? 4. claimant changed their address
5. claimant fails to give address
6. claimant acting as a nominal claimant &
reason to believe they wont be able to
pay costs
CPR 25.13
If the conditions are met for a security for costs • no, the court has discretion to order
application, must the court grant the order? security.
• the primary consideration is the
respondent’s ability to meet the security
requirement
1 of 9 01/09/2025, 10:04
,Advocacy SQE2 about:srcdoc
CPR 25.13
American Cyanamid Guidelines:
1. is there a serious question to be tried?
2. would damages be an adequate remedy
What guidelines will the court consider when
instead?
deciding whether to grant an interim prohibitory
injunction? 3. where does the balance of convenience
lie? (would granting the injunction carry
a lesser risk of injustice than not
granting it?)
1. they should only seek an injunction if it
What 3 principles should a party seeking an serves a practical purpose
injunction abide by as it is an equitable remedy? 2. they must have ‘clean hands’
3. they must not cause excessive delay
1. the claim has no reasonable grounds or
When can an application for strike out be
2. it is an abuse of process
brought?
CPR 3.4(2)(a)
Discretionary if:
1. applicant has a real prospect of
What is the legal test for an application to set successfully defending the claim OR
aside default judgement? 2. there was some other compelling reason
for the failure to respond to the action
CPR 13.3
Denton Principles:
1. identify the seriousness and significance
of the failure
2. consider why the default occurred
3. evaluate the circumstances of the case
What is the 3 step process for dealing with an to ensure the court deals with the
application for relief from sanctions? matter justly, considering:
1. litigation should be conducted
efficiently at proportionate cost
and
2. court must enforce compliance
with rules, PDs and orders
an order which provides for an automatic
What is an unless order? sanction in the event of non-compliance with
the order
2 of 9
01/09/2025, 10:04
