Interim Applications Flashcards
PD23A?
Directions on consent orders and stay applications pending outcome of criminal trials.
What are the 3 ways of applying for a court order?
Orally, or written with or without notice.
Define application notice
A document in which the applicant states their intention to seek a court order
CPR23.2?
Where to make application orders
What is the general rule on where to make applications for court orders?
Should apply to the court /centre where the claim was transferred or sent unless good reason to send elsewhere. If there’s a fixed date for trial, it should be sent to the listed court.
Define respondent for the purpose of interim injunctions?
The person against whom an order is sought or another person as the court directs
Where should an application for a court order be sent when made before the claim has started?
Should be sent to the court likely that the claim will be started in
Where should an application to enforce judgment be made if done after proceedings?
Must be made to the court or centre dealing with the enforcement of the judgment.
How is an application for a court order made?
Applications for court orders generally must be filed with notice unless a rule or PD says otherwise.
Who must be served notice of an application for a court order?
A copy of the application notice must usually be served on each respondent unless a rule or PD says otherwise.
When is an application for a court order deemed received by the court?
If the application must be made within a specified time it is affected when received within that time frame
What 2 things must be included in an application for a court order?
What order the applicant is seeking and briefly why they are seeking it.,
By what time must a copy of an application notice be served?
As soon as practicable after filing and AT LEAST 3 days before court deals with application.
If the court is going to serve someone’s copy of application notice what must that person also provide?
They must also provide copies of any written evidence in support and any draft orders - unless that evidence has already been filed and served
When may the court deal with an application without a hearing?
If the parties agree to the terms of the order; or that the court should dispose of the application or if the court deems it appropriate.
CPR 23.9?
Rule on service of applications that were made without notice.
What happens when the court makes an order on an application that was given without notice?
Whether granting or dismissing, they must serve a copy of the app and its evidence along with the order on the other party ALONG WITH a statement on the right to apply for set aside,
CPR23.10?
Rule on applications to set aside or vary orders made without notice
What’s the rule on applying to set aside court order applications without notice?
A person not served prior to an order being made can apply for set aside or varied if done WITHIN 7 DAYS of the order being served.
CPR 23.11?
Contains power of the court to continue their hearing on app to court order in absence of applicant - and power to re-list application if so decided.
What must the court do if it dismisses an application for a court order for having no merit?
A without-merit dismissal of an application must be (1) recorded and (2) the court MUST consider whether to make a civil restraint order.
CPR 25.1?
A non-exhaustive list of (16) orders for interim remedies that the court may grant
What is an interim injunction?
an injunction preventing someone from doing something until the case is heard
What is an interim declaration?
An order clarifying a legal issue or the rights of a party
