8.9: Interim applications

Question 1

What is an interim application?

Answer 1

A party to civil litigation seeks an order from the court before trial

Question 2

What are the stages before an interim application that a parties solicitor should take?

Answer 2

A party should write to their opponent and seek to resolve the issue before issuing an application to the court

Question 3

Example of a interim application is a summary judgement. What do they do?

Answer 3

Where one party applies for the claim or part of the claim to not proceed to trial because they prove that the party has no real prospect of success. Or they dispose of a point of law, some issues in the case.

Question 4

Example of a interim application is an application for a strike out. What do they do?

Answer 4

The court will seek to strike out any statement of case, under its case management provisions if there are no reasonable grounds for bringing or defending a claim. Strike out can also be ordered for bad conduct.

Question 5

How is an interim application made?

Answer 5

On notice - formal notice is served to the other party with evidence in a written form

Question 6

Why would an application be made without notice?

Answer 6

urgency, with the permission of the court or where there is need for discretion ie. with a freezing order party would be alerted by the notice and move their assets

Question 7

For most applications, the documents comprising the application must be served on the respondent at least X clear days before the hearing: what is x?

Answer 7

3 clear days

Question 8

A skeleton argument should be filed to the court how many hours before an application hearing?

Answer 8

24 hours

Question 9

How do the courts usually order the costs to be made following the hearing?

Answer 9

The court will generally order the unsuccessful party in an interim hearing to pay the costs of
the successful party: CPR r 44.2(2).

Question 10

What is a statement of costs?

Answer 10

A statement of costs is a summary of costs incurred, usually in a
standard court form. Provides a breakdown of the hourly rates spent by lawyers etc

Question 11

What notice is required for a summary judgement (longer than the usual 3 days)

Answer 11

14 calendar days

Question 12

Interim applications are usually made without

Answer 12

Notice

Question 13

An interim application will typically require (in terms of documentation)

Answer 13

Application notice, supporting evidence, a draft order
and payment of the applicable fee.

Question 14

When should parties file and serve a statement of costs?

Answer 14

at least 24 hours before the date of the hearing

Question 15

What is the test for a summary judgement?

Answer 15

The respondent has no real prospect of succeeding
in the claim/successfully defending it and there is no other compelling reason why the case
should wait until trial.

Question 16

What is an interim payment?

Answer 16

Payment of any damages, debt or other sum (except for costs)
which the court may hold the defendant liable to pay. It can be ordered following an independent application or as part of a conditional order following an application for
summary judgment.

Question 17

Evidence in support of an application for a freezing order must be in the form of an

Answer 17

affidavit rather than a witness statement.

Question 18

What is an order for security for costs?

Answer 18

Where the court orders the claimant to provide security for the defendant’s costs (but not damages) in order to cover the possibility of the claimant losing at trial and the risk of the defendant not obtaining payment of costs from the claimant.

Question 19

Who applies for a security of costs?

Answer 19

Only the defendant

Question 20

What are the grounds for an interim application for security of costs?

Answer 20

Claimant is resident out of the jurisdiction or that the claimant is an impecunious (does not have the funds) company.

Question 21

What is a freezing order?

Answer 21

(previously known as a Mareva order or Mareva injunction) is an interim prohibitory injunction ordering the defendant not to dispose of or remove their assets from the jurisdiction: CPR r 25.1(1)(f).

Question 22

What is a Interim prohibitory injunction?

Answer 22

An interim prohibitory injunction is an order restraining the respondent from acting in a specified
way

Question 23

What is a interim mandatory injunction?

Answer 23

A court order requiring the defendant to act in a specified
way.