Interim Applications Flashcards
What is an ‘Interim Application’?
Applications made:
AFTER proceedings begun
BEFORE trial
What are 3 common examples of Interim Applications?
(1) Summary judgment
(2) Interim injunction
(3) Interim payments
What is the main reason a party files an Interim Application
Comply with Overriding Objective - quick + efficient
What are the 2 steps in a party getting an Interim Application?
(1) FILING
(2) SERVING:
(a) WITH notice OR (b) WITHOUT NOTICE
To apply for an Interim Application, what 4 things must be filed?
(1) Application FORM (N244)
(2) Witness Statement
(3) Draft Order
(4) IF High Court - Skeleton Argument
What 2 ways can an interim application be served?
(1) WITH Notice
(2) WITHOUT Notice
(1) What is the GENERAL rule about how an Interim Application must be served?
(2) What are the 2 exceptions to this? Please give an example for one of these.
(1) GENERAL RULE - Served WITH NOTICE
(2) UNLESS:
(a) URGENT - e.g. freeze assets
(b) Meet ‘overriding objective’
(1) When must a WITH NOTICE application be served on the other party by?
(2) What type of interim application is the main exception to this?
(3) For the exception in (2) when must it served by?
(1) At least 3 CLEAR days BEFORE TRIAL
(2) Summary judgment
(3) At least 14 CLEAR DAYS BEFORE TRIAL
A WITH NOTICE application must be served at least 3 CLEAR days before trial.
What 4 things are excluded from counting in CLEAR days?
(1) Date SERVICE
(2) Date HEARING
(3) WEEKENDS
(4) BANK HOLIDAYS
When must a WITH NOTICE application be served by?
At least 3 CLEAR DAYS pre HEARING
How long does the Respondent have to apply to set aside / vary the Order?
7 days AFTER GRANTED
What are the 3 most common Interim Cost Orders?
(1) C’s COSTS / D’S COSTS
(2) COSTS IN THE CASE
(3) NO ORDER AS TO COSTS
Please explain (a) the definition and (b) common use of each of the following Interim Cost Orders:
(1) C’s COSTS / D’S COSTS
(2) COSTS IN THE CASE
(3) NO ORDER AS TO COSTS
(1) C’s COSTS / D’S COSTS
(a) Named party’s costs covered for the interim application
(b) Clear winning party e.g. won summary judgment
(2) COSTS IN THE CASE
(a) Costs decided by who wins ENTIRE CASE
(b) Conditional order used
(3) NO ORDER AS TO COSTS
(a) Each party pays own costs
(b) Draw / both at fault
What is a ‘Summary Judgment’?
A Judgment before trial
(1) When is the purpose of a Summary Judgment?
(2) Who can apply for Summary Judgment?
(1) Dismiss weak claims
(2) Both C and D (normally C)
What are the 3 stages for an Applicant to apply for ‘Summary Judgment’? Include the time frames.
(1) Applicant files + serves…
(2) Respondent files + serves…
(3) Applicant MAY file + serve
(1) Application form + Witness statements - min 14 CLEAR DAYS BEFORE HEARING
(2) Own evidence - min 7 CLEAR DAYS BEFORE HEARING
(3) Further evidence - min 3 CLEAR DAYS BEFORE HEARING
What is the 2 part test for a Summary Judgment?
(1) C/D HAS NO REAL PROSPECT OF SUCCESS
+
(2) NO OTHER COMPELLING REASON (why case should not be disposed of at trial)
What are the 4 types of Orders that could be given in a Summary Judgment application?
(1) C / D Application granted
(2) Application dismissed
(3) Conditional Order
Explain the meaning of the these 2 types of Orders that could be given in a Summary Judgment application?
(1) C/D application granted
(3) Dismissal of Application
(4) Conditional Order
(1) C/D wins
(3) Applicant loses - claim continues TRIAL
(4) Conditional Order - claim continues to TRIAL subject CONDITION (e.g. £ to court)
When will a Conditional Order typically be given as an Order?
Possible BUT NOT probable C/D will succeed
(1) What is an Interim Payment?
(2) What is the purpose of an Interim Payment
(1) Payment from D to C for damages or debt (NOT costs) that D may be liable to pay
(2) Reduce financial hardship / inconvenience for C having wait between start of proceedings and judgment at trial
(1) Who can file an Interim Payment
(2) When can an Interim Payment be filed?
(1) C ONLY
(2) Expiry deadline for D file AOS
What are the 3 possible grounds an Interim Payment will be granted under?
(1) Admittal → D admitted liability
(2) Judgment → C obtain judgment against D (for damages to be assessed / sum of money)
(3) Substantial amount would be awarded at trial → If C went to trial substantial amount awarded against D
What are the 3 stages for an Applicant to apply for ‘Interim Payment’? Include the time frames.
(1) Applicant files + serves…
(2) Respondent files + serves…
(3) Applicant MAY file + serve
(1) Application form + Witness statements - min 14 DAYS BEFORE TRIAL
(2) Own evidence - min 7 DAYS BEFORE TRIAL
(3) Further evidence - min 3 DAYS BEFORE TRIAL
