1. The plaintiff wishes to make an application under UCPR 13.1. Under what circumstances would the plaintiff make such an application? Assume that the defendant has denied all claims in the statement of claim and has pleaded a defence of contributory negligence and failure to take reasonable care. Advise the plaintiff as to the success of such an application and the steps that he would need to take to make the application. Consider appropriate legislation and case law.
2. The defendant wishes to make an application under UCPR 13.4. Advise SRA as to the success of such an application and the steps that is would need to take to make the application. Consider appropriate legislation and case law.