Interim Applications

Question 1

What is an interim application

Answer 1

Application for orders made to the court in the interim period between the commencement of proceedings and trial. Some can be made before commencing proceedings

Question 2

When should an interim application be made?

Answer 2

As soon as it becomes apparent that it is necessary or desirable to make an application.

And a must be served on the defendant at least 3 days before the hearing. CPR 23.7

Question 3

Procedure- Issue

Answer 3

Applicant files an application notice CPR23.6
Include Evidence ( can be given in AN, in statement of case or witness statement)
File a draft order setting out terms seeking
Applicant send the AN, evidence and draft order to court.
The court issues the application and provides a notice indicating the date and time that the application will be heard.

Question 4

Procedure- Service

Answer 4

The AS, note from the court indicating the date and time of the hearing, evidence and draft order must be served on the other party after the application has been issued by the court CPR23.7

Must be served alASAP after the application is filed and not less than 3 clear days before the application is to be heard.

Question 5

Procedure- Further Evidence

Answer 5

The Respondent must file and evidence in the form of a witness statement or an affidavit. Must be filed and served ASAP. 23A PD 9.4

If the applicant wishes to being further evidence in reply to the R’s evidence, this must be filed and served ASAP. 23A PD 9.5

Stamens of costs in relation to the application should be filed and exchanged not less than 24hours before the hearing 44 PD 9.5

Question 6

Procedure- Hearing

Answer 6

Most interim applications are dealt with at hearings and some on telephone.

Question 7

Without notice Applications (Interim Applications) 23A PD 3

Answer 7

1. There is exceptional urgency
2. The overriding objective is best furthered by doing so
3. All parties consent
4. The court gives permission
5. A court order, rule or PD permits or
6. A date for a hearing has been fixed l. A petty wishes to make an application at that hearing and the party does not have sufficient time to serve an AN.

Question 8

How will a respondent know what evidence has been put forward by the applicant in support of a without-notice application?

Answer 8

The evidence will be served on the R after the hearing

Question 9

If the applicant makes a standard application with notice, what is the timeframe they must serve a copy on the respondent ?

Answer 9

As soon as practicable but not less than 3 clear days before the hearing