Chapter 16 Flashcards
1
Q
What is an interim application and give examples.
A
An application brought to the court before the trial.
- amendment of a statement of case
- dispose of a claim in full or part
- extend time for case management directions
- compel a party to respond
2
Q
What can the court do if they feel a party has made an unreasonable interim application?
A
Make a costs order against the party that has behaved unreasonably.
3
Q
What form is used for an interim application?
A
N244.
4
Q
What are the different methods for application of an interim application?
A
- on paper without attending court
- face to face hearing
- remote hearing (last less than 1 hour)
5
Q
When can an interim application be made without notice?
A
- where there is urgency. I.e a freezing order and you cannot put the other party on notice
- there is not sufficient time to serve notice before the hearing.
6
Q
What are examples of an interim remedy?
A
Interim payments, freezing injunctions and search orders.
7
Q
What is an interim payment? When is it used?
A
An advanced payment in respect of damages which are likely to be awarded at trial. Usually applied for in personal injury claims.
