4 Interim applications without notice

Question 1

When can an urgent injunction be granted?

Answer 1

Any time even after judgment is given

Question 2

When may a without notice order be granted? Underlying basis

Answer 2

If there is a good reason for not giving notice

Question 3

How should the court treat the interim application if it will likely dispose of the action?

Answer 3

The court will consider the merits of the case

Question 4

What are the required CONTENTS of a with notice interim application?

Answer 4

1. Order sought and why
2. Claim info (title, ref, full name of A, address for service and request for no/hearing or telephone hearing)
3. Must be signed
4. If A wishes to rely on contents, must be verified by a statement of truth

Question 5

When may a interim application be made without notice? (Exceptional Urgency)

Answer 5

• if there is not sufficient time to file an serve notice (i.e. not 3 full days)
• must still notify informally
• the required documents must be filed at least 2 hours before hearing (if not A must make an undertaking they will file that day or next day or file as ordered by court - in draft order)
• must contain undertaking, set out in the draft order, that A will serve notice and evidence and order on R within a time frame set out by court

Question 6

When does an application not need to be served? (6)

Answer 6

1. Exceptional urgency
2. The overriding objective is furthered
3. All parties consent
4. The court gave permission
5. Where a hearing date has been fixed and A does not have time to service, can inform (preferably in writing) as soon as he can the nature of the application. He should then make application ORALLY at hearing
6. A court order, rule or PD so provides

Question 7

What are 5 types of interim INJUNCTIONS?

Answer 7

1. Interim declarations
2. Order relating to property search orders
3. Order to deliver up goods
4. Freezing injunctions to stop removal of assets from injunctions or to stop any dealing with assets
5. Interim payments

Question 8

What evidence is required in w/o notice interim applications? (What do they need to evidence for the application being without notice?) (3)

Answer 8

Evidence that:
• there was no time
• good reason the application was made without notice
• what informal notice has been given to R

Question 9

To grant interim remedy of injunction without notice is an …

Answer 9

Exceptional remedy

Question 10

What is an undertaking?

Answer 10

A sole and binding promise

Question 11

What must a without notice interim application include?

Answer 11

1. Application notice (see other 4)
2. Draft order (see other re UT)
3. Evidence (see other 3)

Question 12

An injunction is a

Answer 12

Equitable remedy

Question 13

What are the applications duties with regard to WITHOUT notice applications?

Answer 13

As the court is solely reliant on A, as R has not had a input, A:
• has a duty to investigate facts and present evidence on which he relies
• A must disclose fully all matters relevant to the application including all matters of law and fact (even if adverse to his application)
• if A is PROVEN TO HAVE NOT MADE FULL AND FRANK DISCLOSURE the order made for an interim injunction may be discharged

Question 14

Evidence, generally for interim applications, is written evidence which:

Answer 14

• must include all material facts
• if A wishes to rely on it’s contents, the applications notice itself, if verified by statement of truth
• can be in a statement of case which is verified by statement of truth
• is often in a witness statement verified by a statement of truth

Question 15

What should a draft order contain? (3)

Answer 15

• should state the names of A & R
• include what R must do and not do and undertakings (basically that we will do what he should have done if he had time to give notice - serve on R, file with court)
• UT to pay damages R sustains (unless court orders otherwise)
if made before the issue of a claim form, an UT that will file and pay fee, next day

Question 16

What is the consequence of A failing to comply with an undertaking?

Answer 16

The order will be discharged

Question 17

What consequences may R face if they do not comply with an interim injunction order?

Answer 17

CPR 81.9 penal notice - R could face fine or prison

Question 18

What must an interim order state (about the order itself)?

Answer 18

R’s right to apply to set aside (if no date given, then 7 days)

Question 19

What may the court order if someone other than R faces losses due to injunction?

Answer 19

Court may consider requiring A to pay damages to that person

Question 20

Will the injunction always be forever binding?

Answer 20

It may be or it may be until trial or court may state a return date for further hearing

Question 21

What is the legal standard of proof for non compliance of an injunction?

Answer 21

Criminal standard

Question 22

Why will service of an injunction be personal?

Answer 22

So that the penal notice can be enforced by committal

Question 23

Is a telephone hearing allowed for an injunction hearing?

Answer 23

Yes but only for solicitors and barristers, not self representing parties

Question 24

Should a skeleton argument be provided for a hearing regarding an injunction?

Answer 24

Yes

Question 25

What can a person do outside of working hours in a Emergancy situation?

Answer 25

• call a number for royal courts of justice
• call urgent court business officer who will call local duty judge
• if facility available, judge can require it to be faxed

Question 26

What directions must the court give if a injunction is made before the issue of a claim?

Answer 26

The order must contain directions for the commencement of proceedings

Question 27

In Emergancy injunction situations, outside of working hours, the application must be

Answer 27

Filed with the court the next working day, WITH COPIES FOR SEALING