6. Interim Applications

Question 1

Reasons for making an interim application to the court?

Answer 1

1. Ensure compliance with procedural matters
2. requesting more time
3. assist in preparation for trial
4. to consider penalties

Question 2

If a party wants to make an interim application to the court, what should they do first?

Answer 2

• communicate with the other party to try to resolve to issue to comply with the overriding objective and avoid cost-penalties

Question 3

Interim Applications: Form

Answer 3

Must complete application notice in form N244

Question 4

What court must applicants (for interim applications) apply to?

Answer 4

The court where the claim started OR where it has been transferred

Question 5

What if form N244 does not have enough space to explain the issues?

Answer 5

The applicant had file a separate witness statement at the same time or can rely on statements in the statements of case

Question 6

Essential inclusions on form N244: Timeline

Answer 6

The applicant must include a time estimate of how long the hearing of the application is likely to last (unless the application is made without notice)

Question 7

When must a draft order being included with N244?

Answer 7

Pretty much always (to explain the order sought), unless the case is incredibly simple

Question 8

Serving the application notice on the respondent: requirements

Answer 8

• The application notice must be served on the opponent at least three clear days before the court hearing to allow the other party to respond and object to the application should they wish
• Clear days = date of service and date of hearing are excluded, as well as weekends and bank holidays

Question 9

If an applicant wishes to make an application without notice, what documents must be served on the respondent?

Answer 9

1. court order
2. application notice
3. supporting evidence

Question 10

Interim Injunction

Answer 10

Order sought to prevent a harmful activity occurring prior to when a trial can be held

Question 11

Purpose of the Interim Injunction

Answer 11

Preserve the ‘status quo’ (current state of affairs) until trial

Question 12

If applicant wants an interim injunction, what must they show to the court?

Answer 12

1. Compelling evidence that there is a serious issue to be tried AND
2. damages will not be an adequate remedy
3. Linked to an underlying cause of action (eg. tort, contract)

Question 13

Purpose of a Freezing Injunction

Answer 13

Prevents a party from removing their assets from the jurisdiction

Question 14

Grounds for granting a Freezing Injunction

Answer 14

1. Good arguable case
2. Real risk that the respondent will dispose of their assets

Question 15

Purpose of a search order

Answer 15

Compels respondent to allow their premises to be searched (used when applicant believes respondent has documents which belong to them)
- Application made without notice

Question 16

What evidence is needed for applications for interim injunctions without notice?

Answer 16

Affidavit

Question 17

What safety mechanism is in place in the event that an interim injunction is wrongly granted (and the respondent loses out financially)

Answer 17

The applicant will have undertaken that they will pay damages if this is the case
- Their financial suitability will be evidenced with witness statement / affidavit submission

Question 18

Summary Judgement: Purpose

Answer 18

Disposes of claims or issues without need for a full trial.

Question 19

Grounds for summary judgement

Answer 19

The claimant has no real prospect of succeeding on the claim or issue;
OR
The defendant has no real prospect of successfully defending the claim or issue.
And:
There is no other compelling reason why the case or issue should be disposed of at trial.

Question 20

Who can apply for a summary judgement and when>

Answer 20

Claimant: After the defendant has filed an acknowledgement of service or defence (or earlier with court’s permission)

Defendant: Can apply any time after proceedings have commenced.

Court: Can fix hearing of its own initiative.

Question 21

If the claimant applies for summary judgement before the defendant has served the defence, how does this affect proceedings?

Answer 21

the time for the defendant to file a defence is extended until after the hearing (CPR 24.4(2)).

Question 22

If the defendant applies for summary judgement - what is the effect on proceedings wrt statements of case?

Answer 22

the defendant does not have to file either an acknowledgement of service or a defence until after the summary judgment hearing.

Question 23

Summary Judgement: Potential Orders the court can make

Answer 23

1. Dismissal of the application (issues continue to trial)
2. Dismissal of the claim (defendant ‘wins’ and claim is dismissed)
3. Judgement on the claim (claimant succeeds, judgement is entered for claimant who has ‘won’)
4. Conditional Order (refuses summary judgement but allows respondent to continue subject to conditions such as paying a sum of money)

Question 24

When would a judge hearing an application for summary judgement decide to make a conditional order?

Answer 24

If the respondent ‘may’ succeed but it is unlikely

Question 25

Definition of Interim Payment

Answer 25

A payment on account of damages, debt or other sum which a defendant may be held liable to pay to the claimant

Question 26

Conditions to grant an interim payment

Answer 26

ONLY 1 NEEDED:
- The defendant has admitted liability to pay damages (or some other sum of money) to the claimant.
- The claimant has obtained judgment against that defendant for damages to be assessed (or for a sum of money other than costs) to be assessed.
- It is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money against the defendant from whom he is seeking an order for an interim payment, whether or not that defendant is the only defendant or one of a number of defendants to the claim.

Question 27

What evidence is required by the court when deciding whether to grant an interim payment?

Answer 27

o The reasons for believing that the conditions for making an interim payment are satisfied;
o The sum of money for which final judgment is likely to be given;
o The sum of money sought by way of an interim payment;
o The items or matters in respect of which the interim payment is sought;
o Any other relevant matters;
o In claims for personal injuries, details of special damages and past and future loss; and
o In claims under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.

Question 28

If a claimant is seeking an interim payment from the defendant, what first step should they take?

Answer 28

A claimant would first request a voluntary payment from the defendant (ie. through their insurance) and then made an application to court if refused.

Question 29

When can a claimant file an application notice for an interim payment?

Answer 29

Must be made after the end of the period for the defendant filing an acknowledgement of service.

Question 30

What amount can the court grant by way of an interim payment?

Answer 30

The court must not make an interim payment of more than a reasonable proportion of the likely amount of the final judgment.

Question 31

Quia timet injunctions

Answer 31

Allow both prohibitory and mandatory injunctions where a wrong has been threatened but not yet committed.

Question 32

Prohibitory Injunction

Answer 32

Requires respondent to refrain from doing an act

Question 33

Mandatory Injunction

Answer 33

Requires the respondent to do a specific act

Question 34

When might the court refuse the application for an injunction?

Answer 34

Equitable remedy, so:
- must serve a practical purpose
- applicant must have ‘clean hands’
- cannot have undue delay (delay defeats equity)

Question 35

If an interim injunction is granted without notice - how long will it last for

Answer 35

The court will grant it for a limited period and reassess at a second harding ‘the return date’

Question 36

Can a party apply for an interim injunction before a claim form has been issued?

Answer 36

Yes, in cases of exceptional urgency