8 & 9 - Interim applications Flashcards
What is an interim application?
Applications for an order or direction made to the court in the interim period - between commencement and trial
What are some examples of interim applications?
Summary judgment
Application to extend time
Security for costs
Amending a statement of case
What is the default procedure?
With notice
Why would you want to do a without notice interim application?
No time or nature of remedy means giving notice would undermine the application
Costs in any event
winner recovers costs of the interim hearing
Costs in the case
party who eventually gets costs at full trial will recover costs of interim hearing
What is a summary judgment?
Judgment before trial - court can dispose weak cases without needing a full trial. In line with overriding objective
What is the difference between summary judgment and judgment in default?
Summary judgment = issued against party that has weak evidence to support its claims
Judgment in default = issued against party that does not bother to defend itself
What is security for costs?
‘Defendant’ makes an application if concerned that the ‘claimant’ does not have sufficient funds to meet the costs if they lose
Who can apply for security for costs?
Person in the position of a defendant:
- defendant
- claimant in a counterclaim
What is an interim prohibitory injunction?
Equitable and discretionary order requiring party to stop doing something
What is a freezing injunction?
Special form of interim prohibitory injunction that stops party from removing assets out of the country
