Interim Applications

Question 1

What is an ‘Interim Application’?

Answer 1

Applications made:
AFTER proceedings begun
BEFORE trial

Question 2

What are 3 common examples of Interim Applications?

Answer 2

(1) Summary judgment
(2) Interim injunction
(3) Interim payments

Question 3

What is the main reason a party files an Interim Application

Answer 3

Comply with Overriding Objective - quick + efficient

Question 4

What are the 2 steps in a party getting an Interim Application?

Answer 4

(1) FILING
(2) SERVING:
(a) WITH notice OR (b) WITHOUT NOTICE

Question 5

To apply for an Interim Application, what 4 things must be filed?

Answer 5

(1) Application FORM (N244)
(2) Witness Statement
(3) Draft Order
(4) IF High Court - Skeleton Argument

Question 6

What 2 ways can an interim application be served?

Answer 6

(1) WITH Notice
(2) WITHOUT Notice

Question 7

(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.

Answer 7

(1) GENERAL RULE - Served WITH NOTICE

(2) UNLESS:
(a) URGENT - e.g. freeze assets
(b) Meet ‘overriding objective’

Question 8

(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?

Answer 8

(1) At least 3 CLEAR days BEFORE TRIAL
(2) Summary judgment
(3) At least 14 CLEAR DAYS BEFORE TRIAL

Question 9

A WITH NOTICE application must be served at least 3 CLEAR days before trial.

What 4 things are excluded from counting in CLEAR days?

Answer 9

(1) Date SERVICE
(2) Date HEARING
(3) WEEKENDS
(4) BANK HOLIDAYS

Question 10

When must a WITH NOTICE application be served by?

Answer 10

AS SOON AS PRACTICABLE after application ISSUED (i.e. after hearing)

Question 11

How long does the Respondent have to apply to set aside / vary the Order?

Answer 11

7 days AFTER GRANTED

Question 12

What are the 3 most common Interim Cost Orders?

Answer 12

(1) C’s COSTS / D’S COSTS
(2) COSTS IN THE CASE
(3) NO ORDER AS TO COSTS

Question 13

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

Answer 13

(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

Question 14

What is a ‘Summary Judgment’?

Answer 14

A Judgment before trial

Question 15

(1) When is the purpose of a Summary Judgment?

(2) Who can apply for Summary Judgment?

Answer 15

(1) Dismiss weak claims

(2) Both C and D (normally C)

Question 16

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

Answer 16

(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

Question 17

What is the 2 part test for a Summary Judgment?

Answer 17

(1) C/D HAS NO REAL PROSPECT OF SUCCESS
+
(2) NO OTHER COMPELLING REASON (why case should not be disposed of at trial)

Question 18

What are the 4 types of Orders that could be given in a Summary Judgment application?

Answer 18

(1) Judgment on Claim
(2) Strike out / Dismissal of Claim
(3) Dismissal of Application
(4) Conditional Order

Question 19

Explain the meaning of the 4 types of Orders that could be given in a Summary Judgment application?
(1) Judgment on Claim
(2) Strike out / Dismissal of Claim
(3) Dismissal of Application
(4) Conditional Order

Answer 19

(1) C successful
(2) D successful
(3) Applicant loses - claim continues TRIAL
(4) Conditional Order - claim continues to TRIAL subject CONDITION (e.g. £ to court)

Question 20

When will a Conditional Order typically be given as an Order?

Answer 20

Possible BUT NOT probable C/D will succeed

Question 21

(1) What is an Interim Payment?
(2) What is the purpose of an Interim Payment

Answer 21

(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

Question 22

(1) Who can file an Interim Payment
(2) When can an Interim Payment be filed?

Answer 22

(1) C ONLY
(2) Expiry deadline for D file AOS

Question 23

What are the 3 possible grounds an Interim Payment will be granted under?

Answer 23

(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

Question 24

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

Answer 24

(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

Question 25

(1) What is an ‘Interim Injunction’?
(2) What are the 2 types?

Answer 25

(1) Order that a party is compelled / forbidden from doing a given act UNTIL trial

(2)
(a) PROHIBITORY - forbidden
(b) MANDATORY - compelled

Question 26

What criteria from case law will the court use to assist in determining if an Interim Injunction should be granted?

Answer 26

American Cyanamid

Question 27

What are the 4 components of the ‘American Cyanamid’ criteria?

Answer 27

(1) ‘Serious Issue’?
(2) Damages adequate remedy?
(3) C’s undertaking in damages is good protection for the D?
(4) Balance of convenience?

Question 28

If the court grants a party an ‘Interim Injunction’, what must they provide to the other party?

Answer 28

Cross-undertaking

Question 29

What is a ‘Freezing Injunction’?

Answer 29

Type of Interim Prohibitory Injunction that means the Respondent CANNOT dispose of their assets

Question 30

What criteria from case law will the court use to assist in determining if a Freezing Injunction should be granted?

Answer 30

Mareva v International Bulk Carriers

Question 31

What are the 4 components of the ‘Mareva v International Bulk Carriers’ criteria?

Answer 31

(1) A ‘Good arguable’ case
(2) R assets belonging to or under their control within the jurisdiction
(3) ‘Real risk’ of R dispose / remove assets
(4) ‘Just and convenient’ grant injunction