Interim Applications

Question 1

Under CPR 23.1, what is an application notice?

Answer 1

it is a document in which the applicant states his intention to seek a court order.

Question 2

Under CPR 23.2, Where must an application notice be sent to?

Answer 2

it must be made to the Court or county court hearing centre where the claim was started.

Question 3

if a claim has been transferred to another court since it was started, where must the application be made?

Answer 3

it must be made to that court unless there is a good reason to make the application to a different court.

Question 4

True or False:
if parties are notified of fixed date for trial, an application must be made there.

Answer 4

true

Question 5

if an application is made before a claim has been started, where must it be made to and why and are there any alternatives?

Answer 5

it must be made to the court where it is likely that the claim to which the application relates will be started unless good reason to make application in different court.

Question 6

if an application is made in the county court before a claim has been started, then where can it be made also and what is the exception to this?

Answer 6

it may be made at any county court hearing centre unless any enactment, rule or PD provides otherwise.

Question 7

if proceedings to enforce judgment has begun, then where can the application be made to and why and when can this not happen?

Answer 7

it must be made to the court or the county court hearing centre which is dealing with the enforcement of the judgment unless any enactment, rule or PD provides otherwise.

Question 8

what is the general rule on filing an application notice?

Answer 8

the applicant must file an application notice.

Question 9

on which two scenarios can an applicant file an application notice without notice

Answer 9

if permitted by rule or PD or if the court dispenses with the requirement for an application notice.

Question 10

true or false:
a notice of application must be served on each respondent.

Answer 10

true

Question 11

true or false:
a notice of application may be made without serving a copy of the application if not permitted by rule, PD or court order.

Answer 11

false, it may be made without serving a copy of the application if permitted by rule, PD or court order.

Question 12

Under CPR r23.6, what must be included in the notice of application?

Answer 12

what order the applicant is seeking
why the applicant is seeking

Question 13

under CPR 23.7, when 2 occasions must a copy of the application order be served?

Answer 13

ASAP after it is filed
served at least 3 days before the court is to deal with the application unless rules or PD provides otherwise.

Question 14

if a copy of the notice is to be served by court, then what must the applicant file?

Answer 14

copies of any written evidence in support.

Question 15

What two things must the copy of the application notice be accompanied by?

Answer 15

any written evidence in support
copy of any draft order which the applicant has attached to his application.

Question 16

what can the court direct if the period of notice is shorter than period required by rules or PD when application notice has been served?

Answer 16

may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

Question 17

When is written evidence not required?

Answer 17

if already filed or to be served on a party on whom it has already been served.