Interim Applications Flashcards
What are interim applications?
Applications made to the court after a claim has been commenced but before it has reached trial
What documents are required for making an interim app?
App form (N244), draft order, evidence
When is a skeleton argument required?
If the claim is in the high court
What is a skeleton argument?
Written document provided to court in advance of the hearing which summarises the factual and legal issues, the arguments being submitted and any legal authorities being relied upon
What is a with notice app?
Applicant gives notice of the hearing to the respondent prior to the relevant court hearing
What is a without notice app?
Application does not inform the respondent about the app or hearing until the court has made an order
What are the steps of a with notice app?
- Applicant files app with the court and the court issues the application and sends notice to parties informing of hearing date
- App must be served on respondent at least 3 days before hearing date
- Respondent serves any evidence asap - no time scale
- Applicant permitted to serve any evidence in response
- Matter goes to hearing & court decides
When can a without notice app be made?
Exception circumstances where urgency requires it.
What needs to be included in a without notice application?
- explanation in great detail
- evidence why notice was not given
- witness statement setting out all the facts
What happens if the court grants the interim app?
- the applicant must serve on the respondent the app notice, evidence, court order and a brief statement explaining the respondent’s right to have the order set aside within 7 days
What is a summary judgment?
Effect of concluding a part of or an entire case before trial
Who can apply for a summary judgment?
Either party
What part of the CPR regulates summary judgments?
Part 24
What is the purpose of a summary judgment?
Allows a party who is on the receiving end of a weak claim or defence to request the court to order part or all to be disposed of and if allowed the party will not be allowed to continue that claim or defence
What are the grounds that must be met for a summary judgment app to succeed?
- The respondent has no real prospect of succeeding with the claim or defence
- There must be no other compelling reason why the claim should proceed to trial
What is the procedure for an application for summary judgment?
- Applicant files app notice (N244) requesting order for summary judgment along with witness statement explaining why they believe two stage test is met
- Respondent given at least 14 days’ notice of hearing and required to serve any written evidence at least 7 days before hearing
- Application to file and serve any further written evidence no later than 3 days before the hearing
- Hearing & court decision/order
What orders can be made following a summary judgment?
- judgment on the claim
- dismissal of the claim
- dismissal of the application
- conditional order
- costs order
Summary judgment - What is a judgment on the claim?
Where the claimant has brought the application against the defendant. The court gives judgment in the claimant’s favour as they have met both of the part 24 criteria. The claim will therefore not proceed to trial.
Summary judgement – what is a dismissal of the claim?
Where the defendant has brought the application against the claimant. The court gives judgement in the defendants favour and dismisses the claimants claim
Summary judgement – what is dismissal of the application?
Where the applicant fails to meet the two-stage test are in part 24. The claim will continue as the application would never brought.
Summary judgement – what is a conditional order?
Whether the court orders that the claim can continue, but subject to a particular condition being met.
In a summary judgement, what are the four cost orders that can be made?
- One party pays the other parties costs of the application. This is usually the losing party being ordered to pay the successful parties costs.
- That costs be in the case. This means the decision on cost is deferred until later date.
- No order as to costs. This means each party will pay their own costs of the application. Usually when there is no clear winner or where the court is equally critical of both sides.
- Wasted costs order. This is where the legal representatives have to pay the legal cost due to their own poor levels of conduct in dealing with the application.
Does the court need to give the applicant permission to make an application for summary judgement?
No, unless it is being made by the claimant prior to the defendant, filing an acknowledgement of service and defence.
What is an interim payment?
An amount paid by a defendant to a claimant on account before the court has made its final decision at trial.
