Interim Applications

Question 1

Interim Application

Answer 1

Applications for orders or directions made to the court, usually in the ‘interim’ period between the commencement of proceedings and trial, although some interim applications can be made before the commencement of proceedings

Question 2

Procedure

Answer 2

As soon as it becomes apparent that it is necessary or desirable to make an application, the party should apply

Question 3

Procedure

Answer 3

Parties are under a specific obligation to bunch their interim applications

Question 4

Issuing the application

Answer 4

Application notice states who is making the application (claimant or defendant), what order the applicant wants, why the applicant is asking for that order, what information the applicant relies on in support of the application. A court fee is payable

Question 5

Evidence can be given in three ways

Answer 5

In the application notice itself (Part C in which the statement of truth must also be completed), by referring to the existing statements of case, in a witness statement (or, if required, affidavit), the applicant should also file a draft order at court setting out the terms it is seeking

Question 6

Serving the application

Answer 6

Filed not less than three clear days before the application is to be heard

Question 7

Further evidence

Answer 7

Must be filed and served as soon as possible, a statement of costs in relation to the application should also be filed and exchanged not less than 24 hours before the hearing

Question 8

Hearing

Answer 8

Court may order that a hearing should take place by telephone, most commonly if it is expected to last no more than an hour, but if parties or court have agreed no hearing should take place then matters can be dealt with in the absence of a hearing

Question 9

Without notice

Answer 9

Made where the matter is urgent, the object of the order would be defeated if notice was given or there is insufficient time to give notice, but safeguards exist to redress the potential unfairness

Question 10

Without notice procedural safeguards

Answer 10

Application must explain why no notice is given, the applicant must draw to the court’s attention arguments and evidence in support of the absent respondent’s position, the applicant must serve the respondent as soon as possible after the hearing, whether or not the court has granted the relief sought, documents the applicant must serve on the respondent are: the application notice, the evidence in support, the order, the court order must contain a statement of the respondent’s right to make an application to set aside or vary the order. Any application to set aside must be made within 7 days of the order being served on the other party

Question 11

Interim payment

Answer 11

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

Question 12

Conditions of interim payment

Answer 12

Defendant has admitted liability to pay damages to the claimant, claimant has obtained judgment against that defendant for damages to be assessed (or for a sum of money other than costs to be assessed), it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money against the defendant from whom he is seeking an order for an interim payment, whether or not that defendant is the only defendant or one of a number of defendants to the claim, evidence must be provided alongside the application

Question 13

Procedure of interim payment

Answer 13

Claimant seeking an interim payment would make a request for a voluntary payment from the defendant first, if they do not agree the claimant would make an application to the court for an interim payment

Question 14

Security for costs

Answer 14

Application made by a person in the position of defendant (the applicant) who is concerned that the claimant (the respondent) will not be willing/able to pay the defendant’s costs should the claim be successfully defended. The court can order that security be given in various ways, but most commonly it requires a payment into court by the claimant, so that those funds are available to meet any costs order later made in the defendant’s favour

Question 15

Grounds

Answer 15

Defendant must have regard to all the circumstances of the case, it is just to make and order, one or more of the prescribed conditions in the rules are satisfied

Question 16

Conditions

Answer 16

Claimant is resident out of the jurisdiction, claimant is a company and there is reason to believe it will be unable to pay the defendant’s costs if ordered to do so, claimant has taken steps in relation to its assets that would make enforcement of a costs order against it difficult, claimant has changed address since claim was commenced with a view to evading the consequences of the litigation, claimant failed to give an address in the claim form, claimant is acting as a nominal claimant and there is reason to believe it will be unable to pay the defendant’s costs if ordered to do so