10. Interim Applications

Question 1

What is true of an interim application if there is already another hearing listed in the matter?

Answer 1

It should be raised at that hearing, if possible

Question 2

What two things does the applicant have to file and serve on the court within 2 days of the hearing on the interim application?

Answer 2

1. Case summary
2. Proposed draft order

Question 3

When might it be appropriate to not give notice of an interim application?

Answer 3

When giving notice may defeat the purpose of an application, or create an injustice

Question 4

What three things must be served on the non-applicant party if an order is granted based on
a without-notice application?

Answer 4

1. The order
2. Application notice
3. Supporting evidence

Question 5

What are the two criteria which the applicant must satisfy when applying for summary judgment?

Answer 5

1. Other party has no real prospect of success
   AND
2. No other compelling reason why the case should proceed

success is close to imaginary.

Question 6

Before making an application for interim payment, what should the applicant do?

Answer 6

Request that the defendant make a payment voluntarily

Question 7

What must expire before claimant can apply for an interim payment?

Answer 7

The time in which the defendant has to respond to the claim

Question 8

In an application for interim payment, what three things must the claimant’s written evidence contain?

Answer 8

1. Sum of money sought
2. Items and matters in respect of which payment is sought
3. An estimate of the final judgment

Question 9

In an application for interim payment in a personal injury context, what additional thing must be attached to the estimate of final judgment and what one additional thing is required in the claimant’s written evidence?

Answer 9

Estimate of final judgment must contain medical reports.

Additional element is a schedule of loss with details of past and future loss and damage.

Question 10

What is an injunction?

Answer 10

A court order that requires a party to do or stop doing something.

Question 11

When is an injunction considered interim, and when is it considered final?

Answer 11

Interim: if made before trial
Final: at trial

Question 12

If an interim injunction is granted based on a without-notice application, only when can a party be penalised for not following it?

Answer 12

After they have notice of the order

Question 13

In the context of an injunction application, what is an undertaking in damages?

Answer 13

An undertaking by the person making the application that they will compensate the other party for any loss suffered if the court later determines that the injunction should not have been granted

Question 14

What is a freezing injunction?

Answer 14

A type of prohibitory injunction designed to freeze the assets of the defendant

Question 15

To whom must an application for a freezing injunction be made?

Answer 15

A High Court judge

Question 16

What are the three requirements of which a court must be satisfied before granting a freezing injunction?

Answer 16

1. Strong case on the merits
2. Defendant has assets within the jurisdiction
3. Real risk the defendant may dispose of or dissipate those assets before judgment can be enforced

Question 17

What is a search order?

Answer 17

A last resort order applied for without notice by the applicant if it is clear the defendant will not obey the rules relating to disclosure, or may seek to destroy evidence, which allows the claimant to search for and potentially seize this evidence

Question 18

In the context of a search order, what three things will the claimant’s solicitor undertake to do?

Answer 18

1. Return original documents to the defendant within two days
2. Deliver property in dispute to defendant’s solicitors, and
3. Retain all other property securely until the court directs otherwise

Question 19

What is the standard interim prodecure?

Answer 19

3 days, asap, asap (clear day rules - no weekends)

Question 20

What application form be filed for interim applications?

Answer 20

Form N244

Question 21

What is the extended interim application procedure?

Answer 21

14, 7, 3 days rule - for summary judgment and interim payment order

Question 22

What is the procedure for without notice interim applications?

Answer 22

Applicant must provide explanation and substantial detail in support to justify lack of notice
- Make frank and full disclosure (ie. raise arguments in R’s favor).

Post hearing:
- Applicant’s solicitor must prepare a full note of hearing ASAP and serve it to R w/out delay.

Question 23

Can a party cross-examine a witness in an interim hearing?

Answer 23

Yes, but must apply to court for this, otherwise only written evidence is permissible (CPR 32.7).

Question 24

Where a claimant applies for summary judgement before the defendant has filed its defence, what steps, if any should the defendant take?

Answer 24

before the hearing - not required to file its defence.

Question 25

In what three instances might the court deal with an application without a hearing?

Answer 25

1) Parties are in agreement as to the terms of the order sought
OR
2) Parties agree to not have a hearing.
OR
3) Court does not consider that a hearing would be appropriate.

Question 26

How many days does a party have to apply to vary or set aside an order made without notice?

Answer 26

7 days from date order was served on them