Interim Applications

Question 1

When do interim applications occur?

Answer 1

After claim has commenced but before trial

Question 2

What is the procedure for making an interim application?

Answer 2

• Application form (N244)
• Draft order
• evidence (usually witness statement)
• skeleton argument

Question 3

Interim application form

Answer 3

N244

Question 4

When should the documents be served on the respondent for interim applications?

Answer 4

3 days before the hearing date

Question 5

What is the process for with notice interim applications?

Answer 5

• A serves the application form, draft order, evidence and skeleton argument on R at least 3 days before hearing date
• R then serves any evidence they wish to rely on
• A may then serve evidence in response to R’s evidence

Question 6

What must A do to move forward with a without notice interim application?

Answer 6

• A must explain in great detail to the court why notice was not given
• A must provide a witness statement setting out all the facts whether favourable or not

Question 7

If court accepts a without notice application, what must A do?

Answer 7

Serve R the application notice, evidence, court order and a brief statement explaining R’s right to have the order set aside within 7 days of it being granted

Question 8

What grounds must be satisfied for a summary judgment?

Answer 8

1. The respondent has no real prospect of succeeding with the claim or defence and;
2. there must be no other compelling reason why the claim should proceed to trial

Question 9

What proof is required for interim payment applications?

Answer 9

• D has admitted liability to pay damages or some other sum of money to the claimant
• the claimant has obtained judgment against that D for damages to be assessed or for a sum or money (other than costs to be assessed)
• court satisfied that if claim went to trial, C would obtain judgment for substantial amount of money (other than costs) against D