DR VI Interim Applications

Question 1

What is an interim application?

Answer 1

An interim is any application made to the court that requires a judicial decision.

Question 2

Time limit of service of notice of an interim application

Answer 2

The application should be on at least three day’s notice to the other party (five days if by telephone) unless there is a good reason why notice should not be required.

Question 3

Who hears an interim application

Answer 3

Most applicatoins come before a master, if the claim has been issued in the High Court ECJ, or a District Judge in all other cases.

Question 4

In what situation notice of interim application may not be required

Answer 4

if giving notice may defeat the purpose of an application or create an injustice (for search orders and freezing orders)

D has seven days to make an application to vary or set aside the order.

Question 5

Define a wasted costs order

Answer 5

If a party makes an application without notice erroneously, the court is likely to dismiss it with a wasted costs order (solicitor will pay te other side’s legal costs)

Question 6

Grounds for interim payment order

3

Answer 6

D has admitted liability;

C has obtained judgement, but the sum to be paid is not yet assessed;

Court is satisfied that if the action proceeded to trial, c would obtain judgement for a substantial sum;

if there are more than two Ds, C would obtain judgement for a substantial sum against at least one and each defendant carries insurance.

Question 7

Consequence for defying an injunction order

Answer 7

contempt of court. A person found to be in contempt of court is liable to be committed to prison for up to 2 years or may suffer sequestration (removal) of their assets.

Question 8

Define return day

Answer 8

injunction once obtained, remains in force until the return date - which is a hearing listed to take place within in days of the original hearing.

Question 9

Where to apply for an interim injunction

Technical terms for injunction that prevents/requires someone to take an action

Answer 9

High court but county cout has only limited jurisdiction

A prohibitory injunction
A mandatory injunction

Question 10

Define undertaking in damages

Answer 10

as a condition on granting the interim injunction. This is an undertaking that C will compensate D for any loss suffered because of the injunction but the grant is found unjustified later.

Question 11

Grounds for D to the discharge of an injunction

6

Answer 11

Material non-disclosure from C

failure to comply with terms on which the injunction was granted

The facts do not justify interim injunction relief

injunction is oppressive

material change in the circumstances of the parties or in the law

C failed to prosecute the claim with due speed

Question 12

Define a freezing injunction

Answer 12

freezing injunction is a type of prohibitory injunction designed to freeze the assets of D. it must be made in HC.

Question 13

Grounds for a freezing injunction

Answer 13

There is a justifiable cause of action
C has a good, arguable case;
D has assets within the jurisdiction; and
There is a real risk that D may dispose of or dissipate those assets before judgment can be enforced.

Question 14

Rules for a freezing injunction

Answer 14

C will take an undertaking as to damages and inform D and third parties.

the order freezing D assets should not exceed the maximum amount of the claim.

Freezing injunction will bind third parties from date of knowledge.

Question 15

Discharge of freezing injunction

Answer 15

another security has already been provided

the claimant is guilty of material non-disclosure

Question 16

Define Search Order and an order of Preservation of Property

Answer 16

Search order requires D to allow the claimant to search for and potentially seise evidence that D may destroy

an order of preservation of property: an order to preserve evidence that may be relevant and/or to preserve property that may be the subject matter of proceedings.

Question 17

Grounds for granting a Search Order and an order of Preservation of Property

Answer 17

there must be a strong prima facie case on the merits of the underlying claim;

D activities must cause very serious potential or actual harm to C’s interests

clear evidence that the property or documents are in D’s possesssion and there is a real risk the material may be destroyed.