Interim Applications

Question 1

When should interim applications be made?

Answer 1

As soon as possible

Question 2

When is a ‘without notice’ application for an interim application appropriate?

Answer 2

Extremely urgent or object of application defeated by giving notice i.e. search order.

Question 3

Summary judgment definition

Answer 3

Enables the court to dispose of the claim/particular issues without the need for a full trial.

Question 4

Grounds for summary judgment

Answer 4

1. C or D have no real prospect of success;
2. No other compelling reason to allow the claim to continue i.e. complex claim.

Question 5

Application for security for costs (definition)

Answer 5

Made by someone in the position of the defendant who is concerned that the claimant will not pay D’s COSTS should the claim be successfully defended.

If successful, C will have to give security i.e. at court/solicitor.

Question 6

Interim payment (definition)

Answer 6

Payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant before the full trial.

Note – it can only be made by a claimant. The court can only order payment of a reasonable proportion of the likely amount of final judgment.

Question 7

When can a claimant and/or a defendant make an application for summary judgment?

Answer 7

Claimant – after D’s acknowledgment of service.
Defendant – any time after proceedings have been issued.

Question 8

What are the consequences of C failing to comply with the pre-action protocol in relation to an application for summary judgment?

Answer 8

Application cannot be made until D has served a defence/time has lapsed.

Question 9

When would an interim payment be appropriate?

Answer 9

1. D has admitted the claim/part of;
2. Judgment on liability has been entered but not on quantum.
3. If the claim went to trial, C would obtain judgment against D for a substantial amount.

Question 10

What evidence needs to be included for personal injury claims when an interim payment is being sought?

Answer 10

Details of special damages and past and future loss.

Question 11

When can C make an application for interim payment?

Answer 11

After the period for acknowledgment of service

Question 12

Can interim payments be disclosed at trial?

Answer 12

Unless D agrees, any interim payment will not be disclosed to the trial judge unless all questions on liability and quantum have been resolved.

Question 13

Security for costs (definition)

Answer 13

Application made by someone in the position of the defendant who is concerned that the claimant will be unable to pay the defendant’s costs if they are successful. It relates solely to costs.

Question 14

Application for security for costs (steps)

Answer 14

1. It must be just to make an order (KQ – whether C will be able to comply with it i.e. balance prejudice between parties and not hamper on C’s ability to continue the claim).
2. At least one ground satisfied – a) C resides outside of the jurisdiction; b) C is a company and there is reason to believe it will be unable to pay; c) C has taken steps to make enforcement of any judgment ore difficult.

Note – additional grounds can include C failing to provide an address to evade consequences; C acting as a nominal claimant and reason to believe it will be unable to pay.

Question 15

Interim injunction (definition)

Answer 15

Temporary measure to restrain the respondent from causing irreparable or immeasurable damage to the applicant by continuing/ceasing conduct that has led to the dispute.

Question 16

Interim injunctions – guidelines for granting remedy

Answer 16

1. There must be a pre-existent cause of action/substantial issue to be tried.
2. Damages should not be adequate compensation i.e. damage cannot be quantified.
3. Balance of factors including equitable considerations i.e. clean hands & promptness.

Question 17

Interim injunctions – guidelines for granting remedy

Answer 17

1. There must be a pre-existent cause of action/substantial issue to be tried.
2. Damages should not be adequate compensation i.e. damage cannot be quantified.
3. Balance of factors including equitable considerations i.e. clean hands & promptness.

Question 18

Interim injunctions – additional considerations for applications without notice

Answer 18

1. Cross-undertaking to pay damages if later decided that injunction shouldn’t have been granted.
2. Injunction granted for a limited period only until a second hearing it’s fixed (respondent given notice and can make representations then).

Question 19

Can an application for an interim injunction be made before a claim is issued?

Answer 19

Only in exceptional cases of urgency or desirable in the interest of justice. The applicant must make an undertaking to court to issue the claim immediately.