Judgment on application arising from a failure to comply with an order made under rule 3.5(1) (rule 3.5(1) and (5))
Published date | 21 March 2018 |
Subject Matter | King's Bench forms |
PF 84(D)
Judgment on application arising from a failure to comply with an order made under rule 3.5(1)
(rule 3.5(1) and (5))
[IN THE HIGH COURT OF JUSTICE
[ ] DIVISION
[ ] District Registry]
[In the County Court sitting at . . . . . . . . ]
Claim No.
Before (Master/District Judge) (name)
Claimant
Defendant
UPON THE APPLICATION of the (party) by application notice dated (date)
[AND UPON HEARING . . . . . . . . .]
AND UPON READING the Order dated (date) whereby it was ordered that (set out the material terms of the Order)
AND UPON READING the written evidence filed
IT IS ORDERED that:
1. The (party) having failed to comply with the said Order (dated) date there be judgment under rule 3.5 for the (party) as follows:-
(Set out the full terms of the judgment including, if appropriate, judgment for a party dismissing the claim or counterclaim or part of the claim or counterclaim or for a declaration, or for an order for delivery of goods (describing them) to be enforced by a writ of specific delivery under rule 83(14)(2)(b)).
2. the (party) pay the (party) costs of the claim [summarily assessed in the sum of £. . . . . . . . . ] [to be the subject of a detailed assessment if not agreed] (or as may be otherwise ordered as to costs).
Dated
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