Interim applications Flashcards
What are interim applications?
Pre-trial requests for a court order made as soon as necessary or desirable.
What is Summary Judgment?
An application to dispose of the matter without a full trial if there’s no real prospect of success/defense.
What is the burden of proof in a Summary Judgment application?
The burden is on the applicant, who must support their application with evidence served 14 days before the hearing.
What can lead to a Strike Out application?
A statement of case can be struck out if it discloses no reasonable grounds, is an abuse of process, or fails to comply with court rules.
What is an Interim Payment?
A request for payment before a final judgment, usually made when liability is admitted or likely to result in a substantial judgment.
What must the applicant do before seeking an Interim Payment?
Write to the other party inviting them to make an interim payment.
What types of injunctions can be requested?
Mandatory (requiring action) or prohibitory (preventing action) injunctions.
What is a Freezing Injunction?
A prohibitory order preventing a party from disposing of specified assets.
What is required for a Freezing Injunction?
A justifiable cause, a good arguable case, assets within jurisdiction, and real risk of asset disposal.
What is a Search Order?
A mandatory order allowing a party to search for and seize evidence that may be destroyed.
What is the procedure for applying for an injunction?
Must show urgency and desirability in the interests of justice; can be obtained quickly, often without notice.
What happens if an injunction is obtained without notice?
A return hearing is scheduled shortly after to allow the other party to respond.
What are potential grounds for discharging an injunction?
Material non-disclosure, failure to comply, change in circumstances, or oppression.
What are the penalties for breaching an injunction?
Contempt of court, potentially leading to imprisonment for up to 2 years or asset sequestration.
