Interim applications- FS Flashcards
(22 cards)
At what stage of the litigation process do interim applications arise?
Interim applications occur after the claim form is lodged and before the trial, typically after key steps such as filing a defense and case allocation, but before the final hearing.
What defines an interim application in the context of civil litigation under the SQE curriculum?
An interim application is any application made by a party before the trial during the litigation process, and it is used to resolve procedural or substantive matters prior to the final hearing.
What must parties do before formally making an interim application to the court?
Parties are expected to attempt to resolve the matter through correspondence, seeking to avoid court involvement in line with procedural fairness and efficiency.
What form is used to initiate an interim application in civil proceedings?
The applicant must complete Form N244, which is the standard application notice required for interim applications.
What supporting documents must be submitted with the interim application form?
The application must include:
- A witness statement
- A statement of truth
- A draft order
How are parties referred to on Form N244 and in interim applications generally?
On Form N244, parties are listed as claimant and defendant , but within the application, the party making the application is called the applicant, and the opposing party is the respondent.
How should the applicant identify themselves and their role on the N244 application form?
The applicant must state whether they are the claimant or defendant, and if legally represented, must also indicate that they act on behalf of the respective party.
Why is a statement of truth required in support of an interim application?
The statement of truth verifies the contents of the witness statement, confirming that the evidence submitted is true to the best of the applicant’s knowledge and belief.
How do the party labels shift when dealing with an interim application versus the main proceedings?
While the main case refers to claimant and defendant, within the interim application the initiating party is the applicant and the opposing party is the respondent.
A claimant’s strike-out application fails, and the defendant is awarded costs. The claimant was not in court but was represented by her solicitor. What must the solicitor do?
The solicitor must inform the client of the costs order and the reasons for it within seven days (CPR 44.8).
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The defendant applies for an unless order after the claimant fails to respond to a request for further information. No response was made, but there was other correspondence. The application is not served on the claimant. Is this correct?
Yes. Under PD 18 para 5.5, if no response is made to the request, the applicant need not serve the application, and the court may deal with it without a hearing.
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n a trespass action, the claimant applies for a prohibitory interim injunction. The neighbour claims prior permission was given and wants to cross-examine the claimant at the hearing. Is this allowed?
Yes. With the court’s permission, a party may cross-examine a witness who has provided written evidence at an interim hearing (see CPR 32.7).
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In a £26,000 debt claim, the defendant failed to comply with an unless order requiring disclosure by 12 September. It is now 5 October, and no list has been served. What should the claimant’s solicitor advise?
The solicitor should advise filing a request for judgment, as the defence is struck out due to non-compliance with the unless order.
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A claimant wants to stop his neighbour from resuming building works that may damage his roses. The works have paused due to weather, but he is anxious to apply for an injunction. What should his solicitor advise?
Apply for an interim injunction with notice. There is no need to amend the claim form, as interim relief can be sought even if not claimed in the form
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The claimant wants to apply for summary judgment, but the defendant has not yet filed an acknowledgment of service or defence. What is the correct advice?
If summary judgment is applied for before a defence is filed, the defendant does not need to file a defence before the hearing (CPR 24.4(2)).
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A claimant’s solicitor is applying for an interim prohibitory injunction without notice, even though the defendant has legal representation. What is the correct position?
The solicitor must give full and frank disclosure of all relevant facts and legal issues. Without notice applications are exceptional and require complete candour.
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A builder is served with an application for an interim injunction to stop work that would block shared facilities. What must the applicant show for the injunction to be granted?
The applicant must show a serious issue to be tried, applying the American Cyanamid principles. On the facts, this is likely.
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When considering an application for a prohibitory injunction under the American Cyanamid guidelines, what should the solicitor and client consider regarding damages?
Whether damages would be an adequate remedy for the client if the injunction is not granted.
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At a without notice hearing, a solicitor omits weaker facts from the client’s case when applying for a prohibitory injunction. The judge grants the injunction. What is the likely consequence?
The court may discharge the injunction for failure to give full and frank disclosure. The solicitor may also be in contempt and breach professional duties (Siporex; Code of Conduct, Chapter 2).
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A company seeks an interim injunction to stop a competitor from using allegedly infringing technology. What must the company show to establish a serious question to be tried?
It must show a substantive cause of action and that the claim is not obviously hopeless.
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In a personal injury case, the Claimant receives a £50,000 interim payment. At trial, damages are assessed at £30,000. What is the likely court order?
The Claimant must repay the £20,000 overpayment, and the court may award interest on that amount from the date of the interim payment (CPR 25.8(5)).
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a breach of contract case, the Defendant’s Defence is weak but not entirely without merit. The Claimant’s application for summary judgment fails. What order is the judge likely to make?
A conditional order requiring the Defendant to pay part of the claim into court or take a specific step within a set time. Non-compliance may result in the Defence being struck out.
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