Interim Applications Flashcards
How many clear days notice are required for interim applications? (include an answer for telephone)
3 clear days (5 if by telephone)
When is notice for an interim application not required?
If there is good reason (e.g. notice would give the other party an opportunity to dispose of evidence or assets)
How many days does a party who has an interim order issued against them without notice have to make an application to set the order aside?
7 days
What two things should an applicant of an interim order file two days before the hearing?
- Case summary
- Proposed draft order
What is a summary judgment?
An interim order in which the court may decide a particular claim or issue without going to trial.
Can a summary judgment be applied for by either party during the proceedings?
Yes
What two key things must an applicant of a summary judgment show in order to be successful
- That the other party has no real prospect of success in the claim/its defence
- There is no compelling reason why the case should proceed to trial
An application for summary judgment cannot be made before D has received the __________ __ ______ and has served an ___________ __ __________ or _______
particulars of claim, acknowledgment of service, defence
If a C applies for summary judgement before D files a defence, D doesn’t need to file a defence until _____ the summary judgment hearing. However D may want to append a defence to a ________ __________ opposing the application to help defeat it
after, witness statement
At least how many days before the hearing must the applicant of a summary judgment serve written evidence supporting the application on the other party?
14 days
At least how many days before the hearing must the opposing party serve evidence in response to an application for summary judgement?
7 days
At least how many days before the hearing must a claimant serve a reply/evidence to the defending party’s evidence in the application for summary judgment?
3 days
What are three reasons why a party may apply to strike out a claim in the Statement of Case as an interim application?
- No reasonable ground for the claim
- Abuse of court’s processes; or
- Fails to comply with rule or practice direction
What is an application for an interim payment?
An application for the court to order some payment before the court has given a final determination on the claim
Are interim payments always discretionary?
Yes
What are 3 grounds for a party to make an interim application?
- D has admitted liability
- C has obtained judgment but the sum to be paid is not yet assessed
- C would obtain a substantial sum if action proceeded to trial
What should a party always do before applying for interim payment to the court?
Invite the other party to make interim payment
At least how many days before the hearing should an application to make interim payment supported by evidence be made?
14 days
For an interim injunction, what is the difference between a mandatory injunction and a prohibitory injunction?
Mandatory injunction - order requiring a party to do something
Prohibiting injunction - order preventing a party from doing something
What happens if an injunction has been obtained without notice of the hearing to the other party?
Another hearing will be set within a few days of the first (known as a ‘return date’) to give the other party a chance to explain why the injunction shouldn’t have been granted
The ____ Court can grant any type of injunction, the ______ Court has limited jurisdiction to order an injunction
High, County
What is the minimum time period in which an injunction may be obtained?
48 hours
What is a key ground in which a party may seek to discharge an injunction granted against them?
Material non-disclosure i.e. the applicant failed to provide all relevant information
What is a freezing injunction?
An order which prohibits a party from disposing of specified assets
What is the only court that applications for freezing injunctions can be made to?
High Court
What is a key requirement for an applicant to prove in order to be granted a freezing injunction?
There is a real risk that D may dispose assets within jurisdiction before judgment can be enforced
A freezing injunction will usually require the party who sought it to make an __________ to pay damages if the injunction was inconsiderately granted and also _____ the affected party and third parties such as banks of a right to seek a variation from the order
undertaking, notify
What is a search order?
A court order requiring a party to allow the other party to search for and potentially seize evidence that the other party might otherwise destroy
What is the only court that can grant a search order?
High Court
What are the 3 grounds required for a search order application?
- Strong prima facie case
- Reasons for claiming the party might hide/destroy evidence; and
- Evidence is in the other party’s possession
Who will usually be appointed to explain a search order to the affected party and their rights?
An independent supervising solicitor
C’s solicitor will be required to give an undertaking to return original documents within how many days after a search order has been granted, and to secure the property taken?
2 days
