INTERIM APPLICATION Flashcards
What is Interim Application?
Interim application is an application is an application made by a party for a specific ruling on a particular issue before the main trial date.
It can include disclosure, injunctions, security for costs, amendments.
What is application notice? CPR 23.1
An application notice is a document which the applicant seeks an order
What is a respondent? CPR 23.1
A respondent means a person against whom the order is sought.
Where to make an application? CPR 23.2
The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.
Where to make the application if the case has been transferred to another court or sent to another court hearing centre since it was started? CPR 23.2(2)
an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.
Imagine a scenario where a person initiates a legal claim in County Court A against a company for breach of contract. However, as the case progresses, it becomes apparent that County Court B has the proper jurisdiction to hear the matter because the contract was signed in County B, and that’s where the primary events occurred.
In this case, the claim may be transferred from County Court A to County Court B to ensure that the correct court with jurisdiction handles the matter. If, after the transfer, either party needs to make an application (e.g., request an injunction), they would typically make that application to County Court B, which is now responsible for the case.
What happens if the parties have been notified of a fixed date for trial? CPR 23.2(3)
The application should be made to the hearing centre where the trial has been fixed.
What happens if an application is made before a claim has been started? CPR 23.2 (4)
The application must be made to the court to which the claim is likely to be started unless there is good reason to make application to a different court.
Can an application be made in any county court? CPR 23.2 4A
Yes - An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction provides otherwise.
What happens if an application is made after proceedings to enforce judgment? CPR 23.2 (5)
If an application is made after proceedings to enforce judgment have begun, it must be made to the court or County Court hearing centre which is dealing with the enforcement of the judgment unless any enactment, rule or practice direction provides otherwise.
When does an application considered to have been made?
CPR 23.5
An application is considered to have been made within the specified time if the application notice is received by the court before the expiration of that time limit.
When may a court deal with an application without a hearing? CPR 23.8
- Parties agree to terms of order sought
- Parties agree that application should be dealt without hearing
- Court thinks it is appropriate
When does rule 23.9 applies - Service of application where application made without notice
when a party has made an application to the court without providing advance notice to the other party, also known as an “application without notice.”
23.9(2)
When can a person set aside or vary the order? CPR 23.10
A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.
Within how many days must an application be made?
An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.
