TLI4801
Techniques in trial and litigation
(a) Type of Summons
Shiny Plastic will possibly use a simple summons to recover the outstanding amount. A
simple summons is used when the claim is for a loan or liquid demand, which means
that the outstanding amount is fixed and determined. This type of summons underlines
the claim without the need for detailed descriptions. "Summons for payment of loan" is
usually used to start a lawsuit for recovery of loan in regular civil courts. This indicates
the debtor of the trial and provides details about the outstanding amount and legal basis
for the claim.
On the other hand, "small claims summons for court" are used when the outstanding
amount comes under the jurisdiction of the court. This type of summons is often simple
and more suitable, containing small amounts of money, and it usually requires less
formal legal representation.
The choice between these summons types will depend on the specific circumstances of
the case of Olive Woods, including the legal procedures applied to the outstanding
amount and the relevant jurisdiction.
(b) Summary Judgement
Summary judgement is a procedure which is available only in action proceedings; this
much is clear from the wording of the respective rules, which refer to a summons:
"The plaintiff may, after the defendant has delivered a plea, apply to court for summary
judgement on each of such claims in the summons as is only-"
Application proceedings are clearly therefore excluded from the rule; the form of the
proceedings is, however, by application. Since 1 July 2019 the entitlement of a plaintiff
to apply for summary judgement arises only after the delivery of a plea by the
defendant.
, Summary judgement is available when the defendant has no bona fide defence to the
claim and is merely delaying proceedings. Since Blue Brands has failed to pay despite
repeated demands, Shiny Plastics could apply for summary judgement to expedite the
process, provided they can prove that the debt is due and payable without dispute.
(c) Pleading in Response to Notice to Defend
If Blue Brands files a notice to defend, Shiny Plastics must draft a replication or reply
to the plea, depending on the nature of the defense raised. This pleading responds to
the defendant’s claims and reinforces the plaintiff’s position.
(d) Drafting the Pleading
A formal declaration or particulars of claim would be drafted, including:
Heading: Identifying the court and case number.
Parties: Names and descriptions of Shiny Plastics and Blue Brands.
Jurisdiction: Establishing why the court has authority over the matter.
Material Facts: Detailing the transaction, delivery, and non-payment.
Prayer for Relief: Requesting judgment for the outstanding amount plus costs.
(e) Alternative Dispute Resolution (ADR)
To resolve the dispute efficiently, mediation or arbitration could be considered.
Mediation involves a neutral third party facilitating negotiations, while arbitration results
in a binding decision. ADR is often faster and less costly than litigation, making it a
suitable option for commercial disputes.
Question 1.2
(a) Advantages of Lawyers Using Digital Resources for Legal Research
(c) Pleading in Response to Notice to DefendIf Blue Brands files a notice to defend,
Shiny Plastics must draft a replication or reply to the plea, depending on the nature of
the defence raised. This pleading responds to the defendant’s claims and reinforces the
plaintiff’s position.(d) Draughting the PleadingA formal declaration or particulars of claim
Techniques in trial and litigation
(a) Type of Summons
Shiny Plastic will possibly use a simple summons to recover the outstanding amount. A
simple summons is used when the claim is for a loan or liquid demand, which means
that the outstanding amount is fixed and determined. This type of summons underlines
the claim without the need for detailed descriptions. "Summons for payment of loan" is
usually used to start a lawsuit for recovery of loan in regular civil courts. This indicates
the debtor of the trial and provides details about the outstanding amount and legal basis
for the claim.
On the other hand, "small claims summons for court" are used when the outstanding
amount comes under the jurisdiction of the court. This type of summons is often simple
and more suitable, containing small amounts of money, and it usually requires less
formal legal representation.
The choice between these summons types will depend on the specific circumstances of
the case of Olive Woods, including the legal procedures applied to the outstanding
amount and the relevant jurisdiction.
(b) Summary Judgement
Summary judgement is a procedure which is available only in action proceedings; this
much is clear from the wording of the respective rules, which refer to a summons:
"The plaintiff may, after the defendant has delivered a plea, apply to court for summary
judgement on each of such claims in the summons as is only-"
Application proceedings are clearly therefore excluded from the rule; the form of the
proceedings is, however, by application. Since 1 July 2019 the entitlement of a plaintiff
to apply for summary judgement arises only after the delivery of a plea by the
defendant.
, Summary judgement is available when the defendant has no bona fide defence to the
claim and is merely delaying proceedings. Since Blue Brands has failed to pay despite
repeated demands, Shiny Plastics could apply for summary judgement to expedite the
process, provided they can prove that the debt is due and payable without dispute.
(c) Pleading in Response to Notice to Defend
If Blue Brands files a notice to defend, Shiny Plastics must draft a replication or reply
to the plea, depending on the nature of the defense raised. This pleading responds to
the defendant’s claims and reinforces the plaintiff’s position.
(d) Drafting the Pleading
A formal declaration or particulars of claim would be drafted, including:
Heading: Identifying the court and case number.
Parties: Names and descriptions of Shiny Plastics and Blue Brands.
Jurisdiction: Establishing why the court has authority over the matter.
Material Facts: Detailing the transaction, delivery, and non-payment.
Prayer for Relief: Requesting judgment for the outstanding amount plus costs.
(e) Alternative Dispute Resolution (ADR)
To resolve the dispute efficiently, mediation or arbitration could be considered.
Mediation involves a neutral third party facilitating negotiations, while arbitration results
in a binding decision. ADR is often faster and less costly than litigation, making it a
suitable option for commercial disputes.
Question 1.2
(a) Advantages of Lawyers Using Digital Resources for Legal Research
(c) Pleading in Response to Notice to DefendIf Blue Brands files a notice to defend,
Shiny Plastics must draft a replication or reply to the plea, depending on the nature of
the defence raised. This pleading responds to the defendant’s claims and reinforces the
plaintiff’s position.(d) Draughting the PleadingA formal declaration or particulars of claim
