6. Interim Applications Flashcards
When are interim applications made?
After litigation starts but before trial
Before applying to court for anything, what shourt parties do?
Try resolve between themselves first
Grounds for summary judgment?
A. Defendant has no real prospect of succesfully defending the claim at trial and
B. No other compelling resason why case should go to trial
What is application notice for interim application?
Requets court to grant the order you seek
When should application be served?
At least 3 clear days before hearing
What situations can an application be made without notice?
- emergency or
- CPR objective is met e.g. applyng for freezing injunction
What must you explain in application without notice?
Reason why notice not given + argue on other’s parties behalf at hearing
What to serve on other part once application without notice is granted?
- Court order
- evidence
- applciation notice
When can D apply to set aside application?
Within 7 days of when the order was served on them
Serve interim application must include….
- draft order
- witness statement explaing why order is sought + facts relied
- Application notice - N244 Form
‘No other compelling reason to go to trial’
- not complex case/law that needs investigated at trial
- no witnesses needed/traced
“Defendant has no real prospect of sucessfully defending their claim”
defence has a weak case + waste court time and money to go trial
Permission needed to file for summary judgement?
No unless acknowledgement of service/defence not filed yet
Process to apply for summary judgement
- Serve N244 Form + witness statement
- give 14 days notice of hearing
3 serve written evidence 7 days before hearing - amendmnent to be served at least 3 days before
Orders granted by summary judgement?
- claimant wins + enforce judgement
- defendnat wins + case ends
- proceed to trial
- conditional order
Judgment on the claim
C granted summary judgement + enforce (fixed costs)
striking out or dismissal of the claim
D won + case ends
* C pay D’s costs fixed/summarily
application is dismissed
proceed to trial + loser pays winners fees at end
conditional order
either party may succeed at trial so case continues as long as they pay some money to court
When are fixed costs awarded?
Claimant granted summary judgement + on fast/intermediate track
Costs are ‘summarily assessed’?
- multi track
- will be assessed at disposal hearing
Types of interim injunctions?
- search order
- freezing injunction
What is a search order?
Applicant believes other party has documents that belong to them
When do you need a freezing injunction?
- real risk they will dispose of their assets
When do you file for interim payment?
Strong case + delay between start and end of claim is inconvenience
Negotiation for interim payment?
negotiate with other side for voluntary payment first
When to file interim payment?
After acknowledgment of service period lapsed
Procedure to file for interim payment
- serve application notice 14 days before
- amount requested
- what it is used for
- likely award at judgmeent
- grounds are met
Grounds for interim payment
- Defendant admitted liability or
- Claimant has a judgement or
- Claimant likley to win at trial
Threshold to prove claimant is likley to win at trial to get interim payment?
High Burden - prove on balance of probabilities they WILL succeed not likley to
If case is complex is it likley court will order interim costs?
Unlikely
if interim payment is made, what does it include?
contributory negligence and counterclaim
Cross-undertaking?
They suffer loss as a result of injunction + claimant pays
Timeline for defendant to file summary judgment vs claimant?
Defendant can apply at any time
claimant wait until defence/acknowledgement of service filed
