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5 Pages • Topic Notes • Year: Pre-2021
Litigants should have access to the full procedure of the courts to prove their cause of action/defence. This is subject to countervailing policies: o Should not make improper claims/defences. o Should not bring a case with no merit. o Some sanctions should force parties to comply with time limits & other procedural requirements. Parties can obtain default/summary judgment or have claim/defence struck out, powers for abuse of process. N Andrews, ‘Principles of Civil Procedure,’ o Should be greater access to justice, but bad claims are too easily heard. o Judgement by default: if D failed to defend or unwilling to defend. o Summary judgement: P will show there’s no arguable defence. o Striking out actions and defences: On the ground it’s technically bad or based on improper motive. Superior courts use inherent powers and court rules to uphold the above principles. When assessing efficacy of summary disposition procedures, case management by court must also be considered.
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