CIV LIT WS 3 Prep 1

MEMORANDUM
From: Trainee
To: Fiona Landis
Reference: FL/Trainee
Date: 7 November 2014
Clients name: Clarke & Sons Limited
Clients matter: Clarke & Sons Limited v DMS (Printers and
Bookbinders) Limited
The following set out the options available to DMS once
proceedings have been served:
(a)
to file an acknowledgement of service;
(b)
to file a defence;
(c)to file an admission.
Variable time limits will apply to each option and failure to respond
within the appropriate time period, will allow us to enter judgment in
default against DMS.
Action if DMS fail to respond:
We are to apply for default judgment by filing a request form N227
We must satisfy the court that:
(a)
The particulars of claim have been served on DMS;
(b)
DMS has not acknowledged service/filed a defence and
the relevant time period has expired;
(c)DMS has not satisfied the claim;
(d)
DMS has not admitted liability for the full amount of the
claim.
Applying for default judgment in this case involving a claim for an
unspecified amount will involve a full hearing before a trial judge to
decide the amount of the claim (a disposal hearing) and it may be
necessary to allocate the claim to a track and give directions.