3. Interim Applications Flashcards
What is an interim application?
An application to the court for an order or issuing of direction made after a claim has commenced but before trial.
An interim application could be for:
- A summary Judgement
- Interim Payments
- Interim Injunctions
What 4 documents must be submitted to the court for making an interim application?
- N244 Form (specifying the type of order or direction)
- A draft order of the order wanted
- Evidence of why application is being requested and supporting evidence
- A skelton argument if the claim is going to the High Court
What is the diffrence between with notice applications and without notice applications?
With notice applications is where the applicant gives the respondent notice of the hearing prior to it.
Without notice application is where the applicant does not inform the respondent about the application or hearing until after the order is made.
What happens after the documents are filed with the court for a With Notice Application?
The court will issue the application and send notice to the parties informing them off the time of the hearing. Then:
- The application notice, draft order, and witness statement must be served on the respondent at least 3 days prior to the hearing.
- The respondent must file evidence in response within 3 days
- The applicant may optionally serve any evidence in response.
The court will have the hearing and make the decision.
What happens after the documents are filed with the court for a without notice application?
- The applicant must explain, with evidence, to the court why notice was not given.
- Provide a witness statement setting out all facts.
If granted, the applicant must serve the respondent:
- The application notice
- The evidence used
- The Court order
- A brief statement explaining the respondents right to have the order set aside within 7 days of it being granted.
What is a summary judgement?
A summary judgement allows for weak claims or defences to be disposed of.
If sucesfull, that part of the claim or defence will not be allowed to be continued with.
What are the 2 grounds of a summary judgment to be granted?
- No real propsect of success (Sucess is close to imaginary)
- There is no other compelling reason why it should proceed to trail
Compelling reasons are
-Complex facts
-D needs more time to investigate claim made
-Expert or further witness evidence required for proper determination
What are the three steps of an application for a summary judgement?
- N244 Aplication notice is filed with the court requesting Sumary judgement with a witnesstatement explaining 2 grounds have been met
- The respondent must be given atelast 14 days notice of the hearing date and is required to serve written evidence at least 7 days before the hearing
- The applicant can then file and serve written evidence no later than 3 days before the hearing
What are the 5 orders the court can make in a summary judgement?
- Judgement on Claim (in favour of the claimant without trial)
- Dismissal of Claim (In defendants favour)
- Dismissal of application (application does not meet 2 grounds)
- Conditional Order (claim can continue subject to a conditional condition)
- Costs Order
What are the 4 costs order a court can give at a summary judgement or interim injunction?
- Losing party pays other parties application costs.
- Costs be in the case (Costs decision is defferd until later date)
- No order to as to costs (Where applicant was justified in applying but respondent justified defence so no clear winner)
- Wasted costs order (Legal representatives have to pay owing to poor levels of conduct. )
What is an interim payment?
Where the defendant has admitted liability, but the amount of damages is in dispute, they can make a payment to the claimant ‘on account’ before the trail which is offset against the amount awarded at trial.
What are interim injunctions?
An order to do or refrain from doing something.
What is the Application procedure for an interim payment order?
- An N244 Application form for an interim payment with a witness statement explaining why a ground has been met.
- The Respondent has been giving at least 14 days notice of the hearing date and is required to serve any written evidence at least 7 days before the hearing.
- The applicant can then file and serve any further written evidence no later than three days before the hearing.
The Court can then decide whether to order interim payments and how much for. They can also make a costs order.
What are the 3 grounds for an interim payment application?
The claimaint must meet 1 of the following 3 grounds:
- The defendant has admitted liability to pay damages or some other sum of money to the claimant.
- The claimant has obtained judgement against the defendant for damages to be assessed or for a sum of money other than costs to be assessed
- The court is satisfied that if the claim went to trial, the claimant would obtain judgement for a substantial amount of money other than costs against the defendant.
What is the application procedure for an interim injunction?
it depends if it is with or without notice.
