header-logo header-logo

20 June 2014
Issue: 7611 / Categories: Case law , Judicial line , In Court
printer mail-detail

Specified v unspecified

I had understood that the CPR changed the law and entitled a claimant to liquidate general damages and make a specified claim which could lead to a default judgment for the specified sum rather than for an amount to be decided by the court. However, on several occasions deputies dealing with online money claims have without notice set aside judgments for specified sums which have included a general damages element on the ground that these were strictly unspecified claims and should not have been issued online. They have also struck out the claims and this I regard as way over the top. If they are right then I fancy that 75% of claims made on line should not have been so made. Am I wrong?

No. The received view when the CPR came into force was that the introduction of the specified claim enabled a claimant to claim, say, a fixed sum of £10,000 for damages for personal injury if he chose to do so and that enabled them to enter a default judgment for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll