4): Case Management, Interim Applications Relevant to a Claim Flashcards
What is the purpose of an interim application and how are they made?
these are apps made after litigation has started but before it reaches trial
made through Form N244 and filed at court
applicant will request that the court either make an order or issue directions.
What is the procedure for making an interim application notice (Form N244)?
- Where to make app: to court where claim has been started, transferred or listed for trial.
- content of app notice: briefly state what applicant is seeking + why.
- Draft order: attach draft of order sought.
- Evidence: witness statements + evidence + contents of statement of case. Verified by statement of truth.
- Service: if made with notice, served 3 clear days before hearing.
- Consent orders
- Orders without notice
- Telephone and video conferencing.
What is the procedure for consent orders?
if parties have agreed an order, they can apply to court for order to be made by consent without a hearing
court must have all materials it needs to be satisfied it is appropriate to make an order
What is the procedure for orders without notice?
generally only allowed if there is exceptional urgency or CPR overriding objective is furthered
copy of the order, application notice and supporting evidence must be served on respondent
respondent may apply to set aside or vary the order within 7 days
Is telephoning and video conferencing allowed?
only if 1 hr or less
for orders without notice: not permitted
What is a summary judgment (Part 24)?
where a party seeks a judgment without expense and delay of a trial
useful where a party has filed a weak claim/defence as court can dispose of statement of case and the party cannot continue claim/defence
available to claimant/defendant if relevant test is met
What is the test that needs to be met for a summary judgment to be available?
claimant/defendant: must prove that defendant/claimant has no real prospect of successfully defending/succeeding in their claim
AND
there is no other compelling reason why the matter should go to trial
What is the procedure for a summary judgment application?
- Request for summary judgment by applicant: File Form N244 + witness statement in support + test is met
- Respondent: can respond after being given notice.
- Further evidence by applicant: can be given at least 3 days before hearing
- Court will make order
What are the notification requirements for a respondent of a summary judgment application?
must be given:
14 days notice of hearing
AND
file and serve any written evidence at least 7 days before hearing.
What are the possible court orders that might be made in response to a summary judgment application?
claimant’s app granted: judgment entered, proceedings end + defendant pays costs
Defendant’s app granted: claim dismissed, proceedings end + claimant pays costs
App dismissed: proceedings continue + loser pays winner’s costs
Conditional Order: case proceeds if conditions met; that costs be in the case
What is an interim payment (Part 25)?
amount paid by defendant to claimant ‘on account’ of debt owed/damages sought before court makes decision at trial
claimant cannot seek interim payment until after time for A of service has expired
What is the procedure for an interim payments application?
- request for interim payment by applicant: File form N244.
- Grounds: claimant must prove these.
- Respondent: notice given.
- Further evidence: can be given at least 3 days before hearing
- Court will make order/s
What are the filing requirements for an application for an interim payment?
file form N244 requesting interim payment + add witness statement in support explaining:
amount requested + what it will be for
amount likely awarded at final judgment
grounds met for an interim payment
What are the grounds for an interim payment?
defendant has admitted liability to pay damages or other sum of money to claimant
claimant has obtained judgment against the defendant for damages/sum of money to be assessed
court is satisfied that at trial, claimant would obtain judgment for substantial amount of money against defendant
what are the notice requirements for a respondent in an application for interim payment?
respondent must be given:
14 days notice of hearing
AND
file and serve any written evidence at least 7 days before hearing
What are the possible orders the court may make in an application for interim payment?
where grounds have been satisfied, court has discretion to grant the following:
whether to make the order: not appropriate if issues are complicated or there are issues of law to still resolve
what the amount should be:
should not exceed reasonable portion of final judgment (taking into account contrib. negligence and counterclaim)
What is an interim injunction (Part 25)?
an order that requires a party to do/refrain from doing something until full trial takes place
aim is to maintain status quo until trial
for urgent matters where court believes it is in the interest of justice to do so
What are the guidelines the court will follow on hearing an application for an interim injunction?
is there a serious issue to be tried?
are damages an adequate remedy for either side?
does the balance of convenience lie in favour or against granting the injunction?
any special factors?
What is the procedure for an interim injunction application?
- make application to court where claim has been started, transferred or listed for trial.
- content of app notice: state order sought
- Evidence: usually witness statement + evidence to support facts + all verified by statement of truth.
- Service: for apps made on notice, served 3 clear days before hearing.
- Orders without notice subject to conditions
- Cross undertaking: applicant undertakes to pay the court if it emerges injunction should not have been granted
What are the requirements for seeking an order without notice for an interim injunction application?
exceptional urgency or CPR overriding objective is furthered
copy of the order, app notice and supporting evidence must be served on respondent
What is the overriding objective of the court in dispute resolution?
- for the court to deal with cases:
justly and at proportionate cost
within a reasonable time
by proportionate use of court and parties resources
- Includes:
ensuring parties are on equal footing
saving expense
dealing with cases proportionate to: money involved, importance of case, complexity, financial position of each party.
ensuring case is dealt with expeditiously and fairly
allotting the case an appropriate share of court’s resources
enforcing compliance with rules, PDs and orders.
What must the court do with respect to the overriding objective?
give effect to overriding objective when making procedural decisions
may make concessions for vulnerable parties such as allowing vide evidence to be given
What are the 3 main CPR rules in relation to case management?
Rule 1.4: Active case management
Rule 1.3: obligations on parties to help court
Rule 3.1: case management powers
How is track allocation carried out?
parties complete directions questionnaire (Form N181)
file form with proposed directions and costs estimates
claimant pays allocation fee
judge allocates taking into account 9 principles in CPR 26.8(1)
