Case study questions: Bollingtons Limited v Mrs Elizabeth Lynch t/a The Honest Lawyer

Interim Applications—Common Types

Case study questions: Bollingtons Limited v Mrs Elizabeth Lynch t/a The Honest Lawyer

For the purposes of this exercise you are now acting for the defendant in this matter.

The Claim Form endorsed with the Particulars of Claim has been correctly served in accordance with the CPR. The date upon which the defendant should have filed her Acknowledgement of Service and Defence has now passed. Default Judgment has been entered by the claimant.

Acting for the defendant, you have today been telephoned by Mrs Lynch, a new client to the practice. You made a detailed note of your conversation which appears as the attendance note included with the case study questions in Chapter 10. Read this attendance note once more.

Question 1

You now have instructions to pursue the matter privately for Mrs. Lynch. You have informed her that the Judgment was entered correctly but have advised that it will be necessary to apply to have Judgment set aside if she wishes to defend the claim. What documentation will you need to prepare? Prepare the documents you believe are appropriate for this type of application. If you believe a Defence is necessary, then for the purposes of this exercise you do not need to draft a Defence but you may wish to refer to one if you think in making the application you would have prepared one.

Question 2

Consider the prospects of success of the defendant’s application and the likely costs orders.