DR 8 - Interim applications Flashcards
General: What are interim applications?
applications for orders or directions made to the court, usually in the interim period between the claim and commencement of proceedings.
General: When should an interim application be made?
As soon as it becomes apparent that it is necessary or desirable to make an application.
Parties are under an obligation to โbunchโ their applications
General: How does the interim application process start?
the applicant files an application notice at court which states:
- Who is making the application ๐
- What the applicant wants ๐
- Why the applicant is applying for the order ๐คทโโ๏ธ
- What information the applicant relies on in support of the application. ๐
- draft order ๐
- court fee ๐ฐ
General: Who is an interim application made to?
The court in which the main case is being heard/likely to be heard.
General: What happens after an interim application is made?
Service is made on the respondent including:
- Application notice
- Supporting evidence
- Draft Order
- Notice of hearing date ๐๐
General: What happens after the court issues the interim application?
The application must be served on the other party by either the court or the applicant.
General: When must the application be served?
Service must be effected as soon as reasonable practicable after the application and not less than 3 clear days before the application is to be heard.
General: Once an application is served, what does the respondent do and when?
- they may wish to file evidence in the form of a witness statement
- as soon as possible
General: Can the applicant respond to the respondentโs evidence? If so, when?
- Yes, the applicant can bring further evidence.
- as soon as possible
General: When should a statement of costs in relation to an application be made?
- not less than 24 hours before the hearing.
General: When can an interim application be dealt with in the absence of a hearing?
- The parties have agreed the terms of the order
- The parties agree that there should be no hearing
- The court does not consider a hearing appropriate
General: What happens after the hearing for an interim application?
The court will make its decision and the order will be drawn up, sealed and served by the court.
Without Notice: When can a โwithout noticeโ application for an interim order be made?
- there is exceptional urgency ๐จ
- the overriding objective is best furthered by doing so. ๐คซ
- all parties consent ๐ค
- the court gives permission ๐จโโ๏ธ
- a court order, rule or practice direction permits, or ๐ฌ๐ง
- a date for the hearing has been fixed, a party wishes to make an application at that hearing, and the party does not have sufficient time to serve an application notice. The party should still inform the other party and court as soon as is possible. ๐ฐ๏ธ
Without Notice: What are the safeguards for without notice hearings?
- the applicant must explain why no notice is given. ๐คทโโ๏ธ๐คซ
- the applicant must provide evidence in support of the respondentโs position. ๐
- the applicant must serve the respondent as soon as possible ๐ฎafter the hearing whether or not the court has granted the relief sought including:-
a) the application notice ๐
b) the evidence in support ๐
c) the order ๐จโโ๏ธ - the court order must contain a statement of the respondentโs right to make an application to set aside or vary the order. ๐ซต
Without Notice: When must the respondent in a without notice interim application make an application to set aside or vary an order made?
within 7 days of the order being served.
Summary Judgement: Who can apply for a summary judgement?
Either party
Summary Judgement: In what circumstance can the court give a summary judgement?
- no real prospect of success ๐ฎ
AND - no other compelling reason why should go to trial ๐คทโโ๏ธ
Summary Judgement: What must be included in an application for summary judgement?
- the evidence supporting the application ๐
- any point of law/provision in a document on which the claimant relies๐
AND - state that the respondent has no real prospect of success ๐ฎ
AND
- knows no compelling reason why the claim / issue should proceed to trial ๐คทโโ๏ธ.
Summary Judgement: Who can apply for summary judgement and when?
- Claimant - after D has served an acknowledgement of service or defence (can be earlier with courts permission).
- Defendant - any time after proceedings have commenced.
- Court - can fix a hearing on its own initiative.
Summary Judgement: What is the affect of a summary judgement application on timings?
effectively pauses the proceedings
- if the claimant applies before the defendant has served a defence, the time for the defendant to file a defence is extended until after the hearing.
- if the defendant applies, the defendant does not have to file either an acknowledgement of service or a defence until after the summary judgement hearing.
Process for summary hearings is:
- Service must be at least 14 days before the hearing.
- The Respondent must file at court and service on the applicant their evidence at least 7 days before the hearing.
- The applicant must file at court and serve on the respondent their evidence in reply at least 3 days before the hearing.
- Both parties must file and exchange a statement of costs 24 hours before the hearing.
Summary Judgement: What must the application for a summary judgement include?
- a statement that it is an application for summary judgement; and
- direct the respondentโs attention to the CPR which requires tha respondent to file and serve any evidence at least 7 days before the summary judgement hearing.