🗣️ DR 3: Interim Applications Flashcards
What are interim applications?
apps made after litigation starts but before trial
Aim of interim applications
to ensure case proceeds as quickly and effectively to trial as possible
Examples of interim applications to ensure youre complying with procedural matters?
- Permission to serve claim form out of jurisdiction
- Challenging courts jurisdiction
- Permission to amend a statement of case
- Permission to make an additional claim
Examples of interim applications to request more time
- To serve a claim form
- To serve a list of documents
Examples of interim applications to assist trial preparation?
- Seek disclosure of docs
- Part 18 request for further info
Examples of interim applications to consider penalties
- Apply for sanction for opponent failing to meet deadline
- Apply for relief from sanction
Form used to make interim applications
N244
What should parties do before making an interim application?
seek to resolve matters between themselves
Where to apply to make an interim application?
court where claim started or has been transferred
What should an interim application include and what should be attached?
- What order is being sought and why
- Evidence on N244 or witness statement (although no specific requirement to provide)
- time estimate of hearing of the application
- Statement of truth
Attach: - Relevant docs as exhibits if necessary
- Draft of the order sought (except in the most simple of apps)
Who should make the witness statement, what should it include (N244)
Who: person best able to address the relevant points from personal knowledge (may be client or sol)
Include:
* Facts/evidence in support of app
* Anticipate opps case
* Provide sufficient detail to persuade court to make order
When should an application notice for an interim application be served on the opponent?
at least 3 clear days before court hearing (ex. Date of service, hearing, weekends, bank hols)
What is a consent order?
□ If parties agree on order required, they can apply for an order to be made by consent without a hearing
□ must provide court with any material it needs to be satisfied its appropriate to make the order (usually letter will suffice)
When can an interim application be made without notice to the other party?
- Exceptional urgency
- The overriding objective of the CPR would be best achieved without notice (ie. Freezing assets/searching premises)
If making an interim application without notice to the other party, what must be done?
□Evidence must explain why notice wasn’t given
□ Applicant has duty of full and frank disclosure=cant take advantage of respondents absence at hearing and must draw courts attention to evidence/arguments they reasonably anticipate the respondent would want to make
If making an interim application without notice to the other party, what must be served on the other party as soon as practicable?
- Court order
- Application notice
- Any supporting evidence
If an order is made following an interim application without notice, wha† can the respondent do?
apply to set aside/vary order within 7d service
When will interim applications be conducted by phone?
With a time estimate of 1h or less (UNLESS without notice)
What possible costs orders can be made at the end of an interim application and when does each one apply?
1. [named party] costs: Named party entitled to their costs within 14d, applies when theres a clear winner
2. Costs in the case Neither party can recover,costs decided at conclusion of proceedings
(eg. where conditional order made)
3. No order as to costs: Each party pays own costs (eg. where neither party at fault)
Summary judgement
What are the grounds for applying for a summary judgement?
24.3 The court may give summary judgment against a claimant or defendant on the whole of a claim or on an issue if—
(a) it considers that the party has no real prospect of succeeding on the claim, defence or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial.
wording of cpr
Summary judgement
What are the most common compelling reasons to proceed to trial?
◊ more time for investigation
◊ Highly complicated/technical
◊ hear from witness/expert evidence (particularly if central issue is disputed oral evidence)
(respondent should focus on est compelling reason to go to trial NOT argue complete case)
Summary judgement
When/who can make an application for a summary judgement?
By either party
Defendant: at any time
Claimant: After D has filed an acknowledgement of service OR defence (unless has court permission)
Summary judgement
When is permission required for applying for a summary judgement?
where C wants to apply before D filed acknowledgement of service or defence
Summary judgement
What form is used to apply for a summary judgement?
Form N244 and (usually) witness statement