Interim Applications

Question 1

What is an interim application?

Answer 1

An application made to the court after a claim has commenced, but before the trial

Question 2

Interim applications can only be made if the defendant has prior notice of the hearing and is able to attend to defend themselves. True or false?

Answer 2

False, certain applications can be made without notice.

Question 3

What is the purpose of applying for an order for summary judgement?

Answer 3

Allows the party who is on the receiving end of a weak claim or defence to request to the court to order that part or the whole claim/defence be disposed of.

Question 4

What are the guidelines that the court considers when deciding whether to grant an application for an interim injuction?

Answer 4

Whether there is a serious issue to be tried, whether damages are an adequate remedy, where the balance of convenience lies, and whether there are any other special factors

Question 5

If the applicant requests it, the court will always allow an application to be considered without notice

Answer 5

False, the court will only hear an application without notice in exceptional circumstances

Question 6

What documents must be prepared to make an interim application?

Answer 6

1. Application form N244
2. Draft order
3. Evidence
4. Skeleton Argument (only if the claim is in the High Court)

Question 7

How long does a defendant have to respond to an application for summary judgement?

Answer 7

14 days notice of the hearing date, and must serve evidence 7 days before the hearing

Question 8

What is a conditional order?

Answer 8

Judge orders that a claim may continue but subject to a particular condition

Question 9

What is an interim payment?

Answer 9

Payment made by defendant to claimant when defendant admits the claim. The full amount awarded will be decided at a hearing, and the interim payment will be deducted from the final amount

Question 10

What must the Claimant prove for a successful application for an interim payment?

Answer 10

One of the following:

1. Defendant admitted liability to pay damages
2. Claimant obtained judgement against the defendant for damages to be assessed
3. The court is satisfied that, if the claim went to trial, the claimant would obtain judgement for a substantial amount of money

Question 11

How likely is an application for an interim payment likely to succeed on the third ground: “The court is satisfied that, if the claim went to trial, the claimant would obtain judgement for a substantial amount of money”?

Answer 11

Very unlikely - unless the Claimant has a significant amount of evidence to show that they will win the case, and awarded damages will be substantial

Question 12

What is an interim injunction?

Answer 12

An order that requires a party to do something specific, or refrain from doing something specific, pending a full trial

Question 13

What does the court consider when deciding on an interim injunction?

Answer 13

1. Is there a serious issue to be tried?
2. Would damages be an adequate remedy?
3. Where does the balance of convenience lie?
4. Are there any other special factors?

Question 14

What is a freezing injunction?

Answer 14

An order that prevents the respondent of the application from disposing of their assets before trial

Question 15

What is a search order?

Answer 15

An order that allows the applicant to enter the premises of the respondent to search for and take copies of evidence

Question 16

A claimant commences a claim in the County Court for recovery of £68,000 following the defendant’s alleged breach of contract. Th
defendant files a defence that does not explain the legal or factual basis for them defending the claim. The claimant therefore proceed
with making an application for summary judgment.

Which of the following best reflects the documents that the claimant will need to prepare and file with the court to make the application?

A. The claimant needs to complete and file an application form, a draft order, and a witness statement with accompanying evidence.

B. The claimant needs to complete and file an application form, a draft order, a witness statement with accompanying evidence, and a
skeleton argument.

C. The claimant needs to complete and file an application form and a draft order, with a witness statement to follow seven days before
the hearing date.

D. The claimant needs to complete and file an application form and a witness statement with accompanying evidence, alongside a
skeleton argument.

E. The claimant needs to complete and file an application form and accompanying evidence.

Answer 16

A. The claimant needs to complete and file an application form, a draft order, and a witness statement with accompanying evidence.

Question 17

A claimant company commences proceedings against a defendant company for breach of contract. The claimant’s particulars of claim
sets out concise details of the events leading up to the contract being agreed, the terms of the contract, the way in which the defendant
breached the contract, and the losses that the defendant suffered. The claimant also attached a copy of the written contract to the
particulars of claim. The defendant files a defence to the claim, simply saying, ‘We did not breach the contract and we did not cause the
losses the claimant is claiming. The goods we supplied were suitable for the purpose they were used for, and we will get an expert to
look at them if necessary to prove it.’ The claimant makes an application for summary judgment against the defendant.

Which of the following best represents the likely outcome?

A. It is likely that the claimant will be successful in their application. The defence does not show that the defendant has a real prospect
of successfully defending the claim, nor is there any compelling reason why the case should proceed to trial.

B. It is likely that the claimant will be successful in their application. The requirement for expert evidence is a compelling reason why
the case should proceed to trial, but the defendant has not shown a real prospect of being able to successfully defend the claim, and this will outweigh the need for expert evidence.

C. It is likely that the claimant will be successful in their application. The defence does show that the defendant has a real prospect of
successfully defending the claim, but there is no compelling reason why the claim should proceed to trial.

D. It is likely that the defendant will successfully defend the application. They have said enough to prove that they have a real prospect of successfully defending the claim at trial.

E. It is likely that the defendant will successfully defend the application. The court will regard expert evidence being required to
determine an issue as a compelling reason why the claim should proceed to trial.

Answer 17

E. It is likely that the defendant will successfully defend the application. The court will regard expert evidence being required to
determine an issue as a compelling reason why the claim should proceed to trial.

Question 18

A claimant is successful in an application for summary judgment. The court is highly critical of the defendant’s defence and accepts the
claimant’s arguments that the defendant had only entered a defence to waste the claimant’s time and money.

Which of the following best describes how the court will deal with the parties’ legal costs?

A. The court will not make an order as to legal costs as the matter has not proceeded to a full trial.

B. The court will make a conditional costs order in favour of the claimant.

C. The court will order that the defendant pays the claimant’s costs. The claimant’s application was strong when compared to the
defendant’s response and so the court will recognise this in the costs order they make.

D. The court will make no order as to costs. Parties are required to cover their own costs unless the matter goes to trial.

E. The court will order wasted costs against the defendant on the basis that the defendant has wasted the court’s time.

Answer 18

C. The court will order that the defendant pays the claimant’s costs. The claimant’s application was strong when compared to the
defendant’s response and so the court will recognise this in the costs order they make.

Question 19

A claimant commences proceedings against a defendant for negligence. The specified damages claimed are £165,000 and the
defendant admits liability for the claim in her defence. The claimant makes an application for an interim payment of £145,000.

Which of the following best reflects the likely outcome?

A. The claimant’s application may not be successful as they have not attempted to negotiate a voluntary interim payment from the defendant.

B. The claimant’s application will fail because the defendant has already admitted liability. The court will therefore insist on deciding on the value of the claim at a final hearing.

C. The claimant’s application will succeed as the defendant has already admitted liability and the damages claimed are higher than the value of the interim payment requested.

D. The claimant’s application will succeed as the court will be satisfied that if the claim went to trial, the claimant would obtain judgment
for a substantial amount of money (other than costs) against the defendant.

E. The claimant’s application will fail. The defendant has admitted liability but no judgment on either liability or value of the claim has
yet been given. The court will therefore not grant an interim payment.

Answer 19

A. The claimant’s application may not be successful as they have not attempted to negotiate a voluntary interim payment from the defendant.

Question 20

A claimant commences proceedings against a defendant. Shortly after receiving a defence, the claimant is made aware that the
defendant’s home has a ‘sold’ sign outside of it. The claimant is aware that this is the defendant’s only asset. When the claimant
contacts the estate agent, they tell him that the house was sold for substantially under its current value.

Which of the following best describes how the claimant should proceed?

A. The claimant should make an application for a freezing injunction against the defendant without notice immediately. It is clear that
the defendant is seeking to dispose and reduce the value of his assets to avoid paying any judgment ordered against him.

B. The claimant should make an application for a search order against the defendant with notice immediately. This will determine
whether or not the defendant is seeking to dispose and reduce the value of his assets to avoid paying any judgment ordered against
him

C. The claimant should make an application for a search order against the defendant without notice immediately. This will determine
whether or not the defendant is seeking to dispose and reduce the value of his assets to avoid paying any judgment ordered against
him.

D. The claimant should make an application for a freezing injunction against the defendant with notice immediately. It is clear that the
defendant is seeking to dispose and reduce the value of his assets to avoid paying any judgment ordered against him.

E. The claimant should proceed with the claim without making an application, as the basis of the claimant’s suspicion is weak and the
court will not make an order unless they are persuaded as to the defendant’s intentions.

Answer 20

A. The claimant should make an application for a freezing injunction against the defendant without notice immediately. It is clear that
the defendant is seeking to dispose and reduce the value of his assets to avoid paying any judgment ordered against him.