Merger in Judgment A related principle to res judicata prevents the claimant obtaining a second judgement on the same matter. This is not based on estoppel, but on the principle that his claim has merged in the judgement. Similarly, where the plaintiff’s claim, if adjudicated later might have been more extensive and awarded greater damages (e.g personal injuries have taken and unforeseen turn for the […]
New Rules 2022 The Rules, as amended provide for the following – that judgment be entered in a motion for judgment in default of defence or default of statement of claim except where justice requires an extension of time and that where such an extension is granted, the court shall make an “Unless Order”, thus requiring one court hearing only; 8 weeks for delivery of […]
In Rem Judgements may be divided into two classes. Judgements in rem bind all persons. Judgements in rem exist only in a narrow number of categories relating to property, admiralty and the status of persons and things. A judgement in rem determines the status of a person or thing or the disposition of a thing, as opposed to the relative interests or rights of the […]
Default of Appearance Where any defendant fails to appear to a summons, and the plaintiff wishes to proceed on default of appearance under any of the following, the plaintiff shall first serve a notice in writing on the defendant confirming his intention to proceed on default of appearance and at the same time consenting to the late entry of appearance within 28 days of the […]
General A settlement of proceeding is in agreement in respect of a dispute prior to the final determination by a court of the matters in issue. The settlement is an agreement and contract law applies. A court or court order may or may not be made embodying the settlement. If it is made, then it is enforceable as a court order. The laws strongly encourage […]
Default of Appearance I Where a defendant fails to appear to a summons and the claimant wishes to proceed on the basis of such default of appearance, he shall, before taking such proceeding, file an affidavit of service of the summons or notice in lieu of summons, as the case may be. Where an originating summons whether plenary or summary, is indorsed with a claim […]
EU & Other Convention Cases Where the summons has been issued out of the jurisdiction under the Judgements Regulation or the Lugano Convention, the claimant is not entitled to enter a judgement except with leave of Court. An application for leave to enter judgement must be made on notice and supported by an affidavit setting out the deponent’s belief: that the claim is one to […]
Various Means of Termination Proceedings may determine other than by reason of a final court order or a settlement. Most of these instances, involve a default by the claimant. The claimant may also discontinue the proceedings either in the context of a settlement or the apprehended failure of the claim. However, proceedings once started, cannot be discontinued by the plaintiff/claimant without consequences. By commencing legal […]
Nature of Judgement A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions and issues that arise between the parties in course of proceedings. In the present context, judgments and orders refer to final orders in civil cases, which decide the claim in dispute between the parties. There is distinction between a judgment “in personam” and […]