16: Interim applications

Question 1

What is an interim application?

Answer 1

An application made to the court during the period before the trial of the case to ensure compliance with case management directions, vary steps required, grant interim remedies, or make other necessary adjustments.

Question 2

List some reasons for making an interim application.

Answer 2

Permit service of documents by an alternative method
Amend a statement of case
Grant permission to add, remove, or change the names of parties
Set aside default judgment
striking out powers or summary judgment
Extend time for compliance with case management directions
Vary the case management timetable more generally
To compel a party to respond to a Part 18 request for further information
Impose sanctions for non-compliance with case management steps
Grant relief to a defaulting party from a previously imposed sanction
Grant a specific interim injunction

Question 3

What should parties attempt before applying to the court for an order?

Answer 3

Reach an agreement on disputed matters to save time, effort, and costs.

Question 4

What sets out the procedure for interim applications?

Answer 4

Part 23.

Question 5

What process is followed for normal applications made without notice?

Answer 5

Applicant files Form N244 Application Notice (with by application fee, draft order, and supporting evidence)
Application issued by the court
Court fixes hearing date if requested
Documents and Notice of Hearing Date served on respondent
Respondent files evidence in response
Determination of application at hearing or on paper
Court determines liability for costs if not agreed

Question 6

When is an interim application considered made?

Answer 6

On the day the application notice and fee are received by the court.

Question 7

Where should an interim application generally be made?

Answer 7

At any hearing already listed, such as a case management conference (CMC) or pre-trial review (PTR).

Question 8

To which court should an interim application be made if the application is pre-action or in the County Court?

Answer 8

To the court where the action is likely to be commenced.

Question 9

Where should an application be made if a trial date has been fixed?

Answer 9

To the trial court.

Question 10

What documents should the applicant send to the court for an interim application?

Answer 10

Two copies of the Form N244 Application Notice, the draft order, and any evidence in support.

Question 11

What must the N244 Application Notice include?

Answer 11

Title of the claim, parties, and reference number;
Full name of the applicant and their status (e.g., party or legal representative);
The order being sought (r23.6(a));
Reasons for the order (r23.6(b));
Whether a draft order is attached;
How the application should be dealt with (e.g., without a hearing);
Whether the application should be served on anyone and their details;
Evidence in support of the application;
Level of judge needed to determine the application.

Question 12

What is required for applications dealt with by a district judge or more senior judge?

Answer 12

A time estimate for the hearing.

Question 13

Is a fee payable for issuing an interim application?

Answer 13

Yes, unless the applicant obtains an exemption on grounds of financial hardship.

Question 14

When should a draft order be attached to the Form N244?

Answer 14

In all but the simplest applications.

Question 15

What methods can be used to determine an interim application?

Answer 15

On paper without attending court;
Face-to-face hearing at court;
Remote hearing via telephone or video-conferencing.

Question 16

Which hearings can be conducted by telephone?

Answer 16

Allocation hearing
Listing hearing
Hearings of interim applications, CMCs and PTRs which will be under 1 hour.

Question 17

Which hearings cannot be conducted by telephone ?

Answer 17

Without-notice hearings;
All parties are unrepresented;
More than four legally represented parties wish to make representations.

Question 18

What is the general rule for applications for interim remedies around oral/written evidence?

Answer 18

They must be supported by written evidence rather than oral testimony.

Question 19

What should be included in evidence for a straightforward interim application?

Answer 19

A concise statement on the Form N244 Application Notice, plus a statement of truth.

Question 20

What should be included in evidence for more complex interim applications?

Answer 20

A separate witness statement signed by the witness and including a statement of truth.

Question 21

When can a statement of case already filed at court be relied upon?

Answer 21

If the evidence is already with the court.

Question 22

What must the applicant decide regarding notice of the application?

Answer 22

Whether to give notice to other parties or proceed without notice.

Question 23

How can notice be given informally before the application notice is processed by the court?

Answer 23

By sending the respondent a copy of the application and supporting documents in any event.

Question 24

How is formal notice given after the application notice is processed by the court?

Answer 24

By serving the respondent a copy of the application, draft order, evidence, and Notice of Hearing Date.

Question 25

What additional steps must be taken if the application is “on notice”?

Answer 25

Sending copies of documents for every respondent to the court for sealing and service.

Question 26

Who sends the notice of hearing to the applicant and respondents?

Answer 26

The court.

Question 27

When should notice be served after filing the application and before the hearing?

Answer 27

As soon as practicable and at least 3 days before the court deals with the application.

Question 28

What is the time frame for filing the application notice for a telephone hearing?

Answer 28

5 days before the hearing.

Question 29

What factors should the applicant consider when deciding whether to give notice of the application?

Answer 29

The nature of the application, whether immediate action is required, and whether the other party should have an opportunity to respond.

Question 30

What is the general rule for applications in litigation?

Answer 30

An order should not be made against a party without giving them an opportunity to be heard, meaning applications must be made on notice to the other parties.

Question 31

When can a without notice application be given?

Answer 31

• exceptional urgency
• for overriding objective
• not enough time before hearing
• defendant can only be identified by description and not name

Question 32

What happens if an application is wrongly made without giving notice?

Answer 32

The application will be dismissed or adjourned until proper notice is given.

Question 33

How can an application made without notice be decided?

Answer 33

By a judge without a hearing, or at a hearing (in person, by telephone, or video conference), with only the applicant attending.

Question 34

What must be served on the respondent if an order is made on an application made without notice?

Answer 34

The application notice;
The evidence relied on by the applicant;
The order, including a statement of the respondent’s right to apply to set aside or vary the order.

Question 35

What is the respondent’s right regarding an order made without notice?

Answer 35

They can apply to set aside or vary the order within 7 days of service.

Question 36

Who will determine an interim application?

Answer 36

Most interim applications are dealt with by a master or district judge.

Question 37

What can a party invite the court to do at the conclusion of an interim application hearing?

Answer 37

Make an order for costs.

Question 38

What is the default position for drawing up the order?

Answer 38

The court will draw up the order and send it to the parties unless they are ordered or agree to do it themselves.

Question 39

What is a consent order?

Answer 39

An order approved by the court without a hearing, provided it is by consent and contains agreed terms.

Question 40

What can the court do if a party fails to attend a hearing?

Answer 40

Proceed in their absence and may impose costs for non-attendance unless there is a reasonable explanation.

Question 41

Under what conditions can a judgment be set aside if a party did not attend the hearing?

Answer 41

The party must show they acted promptly, had a good reason for not attending, and have a reasonable prospect of success.

Question 42

What must the court include when making an order on its own initiative?

Answer 42

A statement that affected parties may apply within 7 days to set aside or vary the order.

Question 43

What are interim remedies?

Answer 43

Court-ordered measures taken before trial to establish case merits or secure payments (e.g., interim payments, injunctions).

Question 44

Under what conditions can a court grant a remedy before a claim is issued?

Answer 44

If the matter is urgent or desirable in the interests of justice.

Question 45

Who can grant freezing injunctions and search orders?

Answer 45

High Court Judges or other duly authorized judges.

Question 46

What is an interim payment?

Answer 46

An advance payment in respect of damages likely to be awarded at trial.

Question 47

What are the grounds for ordering an interim payment under r25.7(1)?

Answer 47

Defendant has admitted liability;
Judgment is obtained but the sum is not assessed;
The court is satisfied the claimant would obtain judgment for a substantial sum if the action went to trial;
Strong case on liability with multiple defendants.

Question 48

What must the court consider when awarding an interim payment?

Answer 48

The court must ensure it is not more than a reasonable proportion of the likely final judgment amount.

Question 49

What details must an order for interim payment by installments include?

Answer 49

Total sum awarded,
amount of each instalment,
number of instalments,
and recipient of payments.

Question 50

What should the claimant do before applying for an interim payment?

Answer 50

Make a written request to the defendant for voluntary interim payment.

Question 51

When can a claimant make an application for an interim payment?

Answer 51

After the end of the period for the filing of an acknowledgment of service by the defendant.

Question 52

What additional details are required in a personal injury claim for an interim payment?

Answer 52

Special damages and past and future loss details, and medical reports.

Question 53

What is the procedure for making an application for an interim payment?

Answer 53

File Form N244 Application Notice, draft order, and pay the application fee;
Court issues application and fixes a hearing date;
File evidence in support not less than 14 days before the hearing;
Respondent files and serves written evidence at least 7 days before the hearing;
Applicant files and serves further written evidence at least 3 days before the hearing;
Court determines the application.

Question 54

What is the court’s discretion in deciding an interim payment application?

Answer 54

The court has discretion to make an order and determine the amount, exercising discretion first to consider if an order should be made and then the amount.

Question 55

What is the rule regarding secrecy of an interim payment order?

Answer 55

The order should not be disclosed to the trial judge until after judgment unless the defendant consents.