Interim applications

Question 1

When must an application notice be served on the other party?

Answer 1

At least 3 clear business days before the hearing

Question 2

When can an order be made without notice to the other party?

Answer 2

• there is exceptional urgency, or
• the CPR’s objective would be best achieved by making an order without notice

Question 3

What duty does the applicant have if an order is made without notice?

Answer 3

Full and frank disclosure: must present arguments to the court which the respondent would be likely to make

Question 4

If order is made without notice, these documents must be served on the respondent as soon as possible:

Answer 4

• court order,
• application notice,
• any supporting evidence

Respondent can apply to set aside/vary order within 7 days of service

Question 5

When will the court give a summary judgement?

Answer 5

• if the party has no real prospect of succeeding, and
• there’s no other reason to dispose of the case at trial (eg. complexity, more time needed…)

Question 6

Who + when + how can apply for summary judgement?

Answer 6

Either party
Anytime
Permission not needed
Use form N244 and witness statement

Question 7

Process before summary judgement hearing date

Answer 7

• respondent must get at least 14 days’ notice of hearing date,
• respondent must file and serve any written evidence min. 7 days before hearing
• applicant can add evidence up to min. 3 days before hearing

Question 8

Aim of an interim injunction

Answer 8

Maintain the status quo until trial

Question 9

Factors court considers in whether to grant an interim injunction

Answer 9

• whether there’s a serious question to be tried
• whether damages are an adequate remedy
• whether the balance of convenience lies for/against an injunction
• whether there are any special facts

Question 10

What is a cross-undertaking?

Answer 10

The undertaking the applicant must make to pay any damages the respondent incurs due to an interim injunction if it’s decided at trial that an injunction shouldn’t have been granted

Question 11

When can a freezing injunction be granted?

Answer 11

• the applicant must have a good arguable claim, and
• there must be a real risk the respondent would remove the assets from the jurisdiction

Question 12

When can a search order be granted?

Answer 12

• applicant must have a strong case,
• applicant would suffer serious harm without the order, and
• responded possesses incriminating materials that cannot be obtained otherwise

Question 13

How must injunctions without notice be applied for?

Answer 13

To High Court
Supported by affidavit (sworn witness statement)

Question 14

When can party apply for an interim payment?

Answer 14

After period for acknowledgement of service expired

Question 15

Conditions that MUST be met for interim payment to be made

Answer 15

1. D admitted liability,
2. C obtained judgement for damages to be assessed or for a sum of money, or
3. court believes that if he case was at trial, C would be awarded a substantial amount (C must show that he’ll succeed on balance of probabilities)

Question 16

How large can an interim payment be?

Answer 16

A reasonable proportion of an amount indisputably due to C

Question 17

When is the judge told about an interim payment having been made?

Answer 17

After he rules on ALL issues (unless D consents to telling him sooner)