Disputes Resolution Interim Apps

Question 1

General process for making interim apps with notice.

Answer 1

1. made asap or at arranged hearing (always at trial court)
2. application on 3 clear days notice (5 by phone)
3. evidence in writing and filed with notice
4. file case summary and draft order at least 2 clear days before hearing

Question 2

What is the process for interim application with no notice?

Answer 2

1. evidence explaining why no notice was given
2. if order made, order, application and evidence served on D
3. D has 7 days to to apply to set aside order

Question 3

What are the consequences of make application without notice by accident?

Answer 3

Wasted costs order of solicitor

Question 4

When can default judgment be obtained?

Answer 4

• D fails to acknowledge service or file defence in time

Question 5

When can Summary Judgement be obtained and requirements?

Answer 5

• Can be applied for by either party after acknowledgement of claim
• Can be combined with application to strike out claim

Must Show
- Other party has no real prospect of success; and
- No other compelling reason why case should proceed

Question 6

Process for summary judgement?

Answer 6

• only after acknowledgement of service
• applicant must serve written evidence on defendant 14 days pre hearing
• defendant must serve evidence on applicant 7 days before hearing
• applicant to serve any evidence in response (if relevant) on defendant 3 days before hearing

Question 7

Outcome of summary judgement application?

Answer 7

Claimant Successful
- court order summary judgment

Defendant Successful
- claim struck out

Question 8

When can you strike out claim?

Answer 8

Often together with summary judgement

court can strike out if:
- Statement of case discloses no reasonable grounds from bringing or defending the claim
- Statement of case is an abuse of court’s process
- There has been a failure to comply with a rule, practice direction or order

Question 9

Grounds for interim payment?

Answer 9

• D has admitted liablity
• C has obtained judgement, but sum is not assessed
• Court satisfied that if action proceeded to trial C would obtain judgment for substantial sum; or
• If claim is against 2+ Ds the court is satisfied that if action went to trial C would obtain judgment for at least one, AND each D carries insurance

Question 10

process for interim payment?

Answer 10

• Must first invite opponent to make payment before making application
• Application must only be made after TIME for filling acknowledgement of service has EXPIRED

Question 11

Process for interim payment?

Answer 11

• Evidence required and must be filed and served with application
• Must serve application notice and evidence asap and at least 14 days before hearing
• Defendant to file evidence 7 days before hearing
• Applicant can file response 3 days before hearing

Question 12

What is included in evidence for Interim payment app?

Answer 12

Written Evidence must contain:
- Sum of money sought
- Items and matters in respect of which payment is sought;
- - estimate of final judgements (attaching medical report if PI case); and
- (if PI case a schedule of loss – including past and future loss and damage)

Question 13

How long will injection last if applied (and granted) without notice?

Answer 13

• Stay in force until ‘return date’ a second hearing within days of first
• D can argue why it should not have been granted

Question 14

Requirements for obtaining injection before proceeds have started?

Answer 14

Only if:
- Applicant undertakes to issue proceedings straight away

Question 15

What can a defendant do instead of having injection imposed?

Answer 15

• Instead of injunction can give undertaking on same terms
• Binding in same way
• Applicant will be have to give cross-undertaking to safe guard D in event inuction is not given at trial

Question 16

Grounds for discharge of injection?

Answer 16

• Material non-disclosure (applicant did not give all relevant info)
• Applicants failure to comply with terms on which injunction was granted
• Facts do not justify injunction
• Injunction is oppressive
• Material change in circumstances of parties or in law
• Claimants has failed to prosecute claim with due speed

Question 17

What are the grounds needed for a freezing injunction?

Answer 17

Court to be satisfied that:
- Justifiable cause of action;
- Claimant has good, arguable case;
- Defendant has assets within jurisdiction; and
- There is real risk that D may dispose of or dissipate those assets before judgement can be enforce

Question 18

What are grounds for search order?

Answer 18

• Strong prima facie case on merits of underlying claim
• D’s activities in attempt to avoid paying a judgment must cause very serious potential or actual harm to claimants interest
• There must be clear evidence that property or documents are in D’s possession and there is real possibility that it will be destroyed before application can be made on notice

Question 19

Where can a freezing injection be applied for?

Answer 19

ONLY High Court

Question 20

What undertakings must applicant solicitor give in regards to search order?

Answer 20

1. to return original documents within 2 days
2. to secure the property taken

Question 21

Who hears an interim application?

Answer 21

high court
- master

County Court
- district judge

ALSO
- hear most application by telephone
- expert parties to agree on time estimate

Question 22

When should you apply to strike out a claim rather than summary judgement?

Answer 22

Statement of case discloses no reasonable grounds from bringing or defending the claim
- Statement of case is an abuse of court’s process
- There has been a failure to comply with a rule, practice direction or order

Question 23

Is it possible to make injections with short notice?

Answer 23

• can be as little as 48-72 hours
• can be by phone or out of hours