15. Interim Applications Flashcards
What does application notice mean for the purposes of CPR 23?
A document in which the applicant states their intention to seek a court order
What does hearing mean for the purposes of CPR 23?
The occasion on which any interim or final decision is or may be made by a judge at which a person is, or has a right to be, heard in person, telephone, by video, or by any other means which permits simultaneous communication.
What does respondent mean for the purposes of CPR 23?
The person against whom the order is sought and any other such person as the court may direct
What is the general rule about where an application should be made?
The court or county court where the claim was started.
If a claim has been transferred to another court since it was started, an application must be made to the one it has been transferred to, unless there is good reason to do otherwise.
If the parties have been notified of a fixed date for trial, an application must be made to the court to which the trial is to take place.
While having in mind that an application made in the county court before a claim haws started may be made at any county court hearing centre, it must be made to the court where the claim is most likely to be started unless there is good reason to make the application elsewhere
If proceedings to enforce judgment have begun, it must be made to the court or county court hearing centre which is dealing with the enforcement of the judgment.
When is an application “made”?
Where an application must be made within a specified time, it is made in time if the application notice is received by the court within that time.
What applications may be decided without a hearing?
If the parties agree the terms of the order, or the parties agree to dispense with a hearing, or the court does not consider that a hearing would be appropriate.
What is the effect of parties agreeing to the terms of the order?
A party may not without the court’s permission apply to have the order set aside, varied, or stayed
What is the effect of a court deciding the application as it does not consider a hearing would be appropriate?
They may apply to have the order set aside, stayed, or varied within the time limit the court sets, or, if no period given, within 7 days.
The court must give a statement of the right to make this application on the order.
An application to set aside, vary, or stay such an order shall be considered at an oral hearing unless the court decides and states in an order that it is totally without merit. If the court decides this, an application may be made for consideration without oral hearing.
Where a court has disposed of an application permitted to be made without notice, what happens where the court has made an order?
A copy of the application notice and any supporting evidence must be served alongside the order on any party or other person against whom the order was made and sought against, and contain a statement of the right to make an application to set aside or vary the order.
What right does a person whom an order has been made against in a hearing without notice to vary, set aside, or stay that order?
They may apply to vary or set aside the order within 7 days after the date on which the order was served.
What power does the court have to proceed in the absence of a party?
Where the applicant or respondent fails to attend, the court may proceed in their absence
Where the applicant or respondent fails to attend the hearing of an application and the court makes an order, the court may, on application of its own initiative, re-list the application
What must happen when the court dismisses an application as totally without merit?
The court’s order must record that fact and the court must, at the same time, consider whether it is appropriate to make a civil restraint order
When may an application be made without notice?
(a) Where there is exceptional urgency
(b) Where the overriding objective is best furthered by doing so
(c) By consent of all parties
(d) With the permission of the court
(e) Where the applicant is seeking a direction that their address not be provided to a party
(f) Where a date for a hearing has been fixed and a party wishes to make an application but there is not enough time to file or serve an application notice
(g) Where a rule, court order, or PD permits
Where must an application be heard if a claim is started in the CNBC?
An application must be made to the CNBC or hearing centre to which it is allocated.
A district judge may – consider that application without a hearing or direct it should be transferred to a hearing centre
How may a hearing be held?
Either in person, remotely, or partially remotely in accordance with arrangements permitted or required under any enactment
The court will communicate to the parties the arrangements for the hearings. All stakeholders must comply.
Hearings to deal with allocation or listing or with a time estimate of two hours or less may be conducted remotely depending on the normal practice at a particular court