Interim Applications Flashcards
What is the procedure for making an interim application
Applicant must file an N244, draft order setting out the order they would like court to make, evidence (I.e witness statement) and skeleton argument (for high court)
What is a with notice application ?
Applications where applicant gives respondent notice to the hearing prior to it.
What is a without notice application?
Applicant does not inform respondent about the application or hearing until court has made the order.
When does a with notice application and docs need be served on R?
At least three days before the hearing date. R must then serve evidence they wish to rely on as soon as possible.
If a without notice application is granted, what does A need to serve on the R and when?
A needs to serve application notice, evidence and brief statement explaining R’s right to have order set aside, within 7 days of it being granted.
What is a summary judgement and who can apply?
Has the effect of concluding a part of of an entire case before trial. Either party can apply (for example, if a defence contains no legal or factual basis)
What are the grounds for a summary judgement?
The respondent has no real prospect of succeeding with the claim or defence (high standard) and
There must be no other compelling reason (I.e complex facts, D requires more time or further expert or witness evidence is needed) as to by the claim should proceed to trial
Must meet both!
What is the procedure for a summary judgment?
Applicant prepares and files an application notice N244 with witness statement and explaining how 2 stage test is made out
Respondent must be given at least 14 days notice of hearing and is required to serve any written evidence at least 7 days before hearing
Applicant can then file and serve any further written evidence no later than 3 days before the hearing
What orders can be made by a court in an application for summary judgement?
Judgement on claim
Dismissal of claim
Dismissal of application
Conditional order
Costs order
What does it mean if costs are ordered in the case?
Decision on costs is referred to a later date
What does it mean if a no order as to costs is made?
Each party bears their own costs of the application.
What is a wasted costs order?
Where legal reps have to pay their own costs due to their poor level of conduct in dealing with the application.
Is permission of the court required for an application for summary judgment?
Not unless it is being made by C prior to D filing an AoS or defence
What are the grounds for an application for an interim payment?
D has admitted liability to pay damages or some other sum of money to the C
The C has obtained judgement against the D for damages to be assessed or for a sum of money (other than costs) to be assessed
The court is satisfied that if the claim went to trial, the C would obtain judgement for a substantial amount of money (other than costs) against D
Procedure for application for interim payment ?
Same as application for summary judgment.
