DR 8 - Interim Applications Flashcards
What is an interim application?
An application for an order or direction made before trial to obtain court intervention for procedural, evidential, or urgent matters.
When can interim applications be made?
Usually between commencement and trial, but some can be made before proceedings start.
What is the standard procedure for an interim application?
- Issue: application notice, supporting evidence, draft order, fee
- Service: application notice, supporting evidence, draft order, notice of hearing date [not less than 3 clear days before hearing]
- Further Evidence [asap]
- Hearing: file and exchange statements of costs not less than 24 hours before hearing
How are interim application hearings conducted?
- By telephone/video if short (under 1 hour)
- Without a hearing if agreed upon by parties
- In-person hearing if the court deems necessary
What is a without notice application?
An application made without informing the respondent beforehand.
When are without notice applications allowed?
Only in exceptional cases, such as:
* Urgency (e.g., immediate remedy needed)
* All parties consent
* The court allows it
* Rules or practice directions permit it
What safeguards exist for without notice applications?
- Applicant must explain why no notice was given
- Applicant must inform the court of any evidence favoring the absent party
- Respondent must be served ASAP after the hearing with:
- Application notice
- Supporting evidence
- Order granted
What can the respondent do after a without notice order is granted?
Apply to set aside or vary the order within 7 days.
What is an interim payment?
A payment on account of damages, debt, or other sum (except costs) which a defendant may be held liable to pay to a claimant.
When can an interim payment be requested?
Only by the claimant when:
* The defendant has admitted liability
* The claimant has judgment pending assessment of damages
* The court believes the claimant will win a significant sum at trial
What evidence is required for an interim payment application?
- Reason for believing payment conditions are met
- Likely judgment amount
- Requested interim payment amount
- Breakdown of payment (e.g., damages, loss of earnings, medical expenses)
How is an interim payment applied for?
- Request voluntary payment from the defendant
- If refused, apply to the court
- Wait until the acknowledgment of service deadline has passed
- The court must not award more than a reasonable proportion of final judgment
- Payments can be instalments
How to make interim payment application
Can trial judges know about interim payments?
No—interim payments remain confidential unless both parties agree.
What is security for costs?
A court order requiring a claimant to deposit money to cover potential cost awards for the defendant.
Who can apply for security for costs?
- Defendants against claimants (most common)
- Claimants against counterclaiming defendants
- Third parties in additional claims
Grounds for security for costs
- Requirements for court approval:
- Fairness: Having regard to all the circumstances of the case, it is just to make an order
- Specific conditions: One or more of the prescribed conditions in the rules are satisfied - The court will consider the overriding objective of handling cases justly and at proportionate cost when deciding on security for costs.
What are the prescribed conditions rfor security for costs?
- Claimant resides outside England & Wales (except in Hague Convention countries)
- Claimant company is insolvent and unlikely to pay costs
- Claimant is hiding/moving assets to avoid enforcement
- Claimant changed address to evade litigation
- Claimant gave no address in the claim form
- Claimant is a nominal party (e.g., litigation funder)
What factors affect a security for costs order?
- Whether the claim is genuine or weak
- Delay in applying for security
- If the defendant’s own actions caused the claimant’s financial issues
How much security can be ordered?
- Covers past and future costs
- Can be full or partial security
- Can be adjusted for expected cost reductions
How can security be provided?
- Payment into court (most common)
- Solicitor’s holding account
- Bank guarantee
- Undertaking to pay costs
What is an injunction?
A court order requiring or prohibiting an action, enforceable by contempt proceedings.
What is an interim injunction?
A temporary injunction before trial.
What are the main types of injunctions?
- Prohibitory: Stops an action (e.g., preventing publication)
- Mandatory: Requires an action (e.g., returning stolen property)
- Quia timet: Prevents an anticipated wrong
What are the key tests for granting an interim injunction?
- Serious question to be tried (not frivolous or vexatious)
- Would damages be adequate?
- If damages would compensate, an injunction is not needed
- Balance of convenience
- Which party faces greater harm if the injunction is granted/refused?
Procedure for interim injunction application
Standard interim application procedures
What is a cross-undertaking in damages?
The applicant must promise to compensate the respondent if the injunction is wrongly granted.
What happens if an injunction is granted without notice?
A return date hearing is scheduled where the respondent can challenge it.
What is summary judgment?
A method to dispose of weak claims or defences without trial.
When can summary judgment be used?
When the claim or defence has no real prospect of success and no compelling reason for trial.
What is the difference between summary judgment and strike-out?
- Strike-out: Removes claims/defences for procedural abuse or lack of clarity.
- Summary judgment: Assesses merits of the claim/defence.
What is the difference between summary judgment and default judgment?
- Default judgment: Happens if the defendant fails to respond.
- Summary judgment: Based on the substance of the case.
What happens at a summary judgment hearing?
- Application is dismissed → Case continues
- Claim is dismissed → Defendant wins
- Judgment entered → Claimant wins
- Conditional order → Case continues only if conditions met (e.g., deposit payment into court)
