Interim applications

Question 1

What are interim applications?

Answer 1

They are applications for orders or directions made to the court, usually in the `interim’ period between the commencement of proceedings and trial. Although, some interim applications can be made before the commencement of proceedings.

Question 2

What are examples of interim applications?

Answer 2

*Extending the time period for taking a particular step in the proceedings

*Applying to amend a statement of case

*Requiring the other party to provide further information

*Requesting specific disclosure of a document

*Seeking permission to rely on expert evidence

Question 3

Who can make an interim application?

Answer 3

Any party.

Question 4

When should an interim application be made?

Answer 4

As soon as it becomes apparent it is necessary or desirable to make an application.

Question 5

What does it mean that parties are under a specific obligation to `bunch’ their interim applications?

Answer 5

If a hearing has been fixed for whatever reason, it is up to the parties to issue any applications to ensure that outstanding matters get dealt with at a single hearing if possible.

Question 6

What is the general procedure for interim applications?

Answer 6

Issue, Service, Further evidence and Hearing.

Question 7

What is the party making the application called?

Answer 7

The applicant. The other party is the respondent.

Question 8

What documents does the applicant need to issue?

Answer 8

1. Application notice (Form N244)
2. Court fee
3. Evidence
4. Draft Order

The applicant takes or sends to court the application notice, evidence and draft order.

Lastly, the court issues the application and provides a notice indicating the date and time the application will be heard at court.

Question 9

What form does an application notice take and what is included in it?

Answer 9

Form N244. The notice states:
*who is making the application
*what order the applicant wants
*why the applicant is asking for that order
*what information the applicant relies on in support of the application.

Question 10

Where should an interim application be made?

Answer 10

The application should be made to the court in which the main claim is being dealt with/where they think it will be dealt with.

Question 11

When should evidence be provided in relation to an interim application?

Answer 11

Sometimes the CPR provides that a particular type of application must be supported by particular evidence. It is advisable to provide evidence in all cases.

Question 12

What three ways can evidence be provided?

Answer 12

1. In the application notice itself (in which case, statement of truth must be completed).
2. By referring to existing statements of case
3. In a witness statement (or, if required, an affidavit).

Question 13

What does the draft order contain?

Answer 13

The applicant should also file a draft order setting out the terms it is seeking.

Question 14

What must be served on the other party?

Answer 14

The application notice, note from the court, evidence and draft order must be served on the other party after the application has been issued by the court.

Question 15

Who normally serves the documents on the other party?

Answer 15

The court may serve the application notice and supporting documentation, but in practice, the applicant’s solicitor serves for certainty and to retain control.

Question 16

When must service be effected?

Answer 16

Service must be effected as soon as practicable after the application is filed and not less than 3 clear days before the application is to be heard.

The rules on how to calculate time apply to these deadlines.

Question 17

Can the respondent respond to the interim application?

Answer 17

Yes, the respondent may wish to file evidence in the form of a witness statement.

Question 18

When does the respondent need to file their further evidence.

Answer 18

This evidence must be filed and served ASAP in accordance with any specific timings stated by the court when it issued the application notice.

Question 19

Can an applicant reply to the respondent’s further evidence? If so, what is the deadline?

Answer 19

If the applicant wishes to bring further evidence in reply this must be filed and served ASAP and in accordance with court timings.

Question 20

When must a statement of costs in relation to the application be filed?

Answer 20

A statement of costs in relation to the application should be filed and exchanged not less than 24 hours before the hearing.

Question 21

When are most interim applications dealt with?

Answer 21

At a hearing.

Question 22

Do interim applications ever take place remotely?

Answer 22

In accordance with the overriding objective, the court may order that a hearing should take place remotely or partially remotely. Most commonly, if the hearing is expected to last 2 hours or less it will be conducted remotely.

Question 23

Is it possible for interim applications to be dealt with in the absence of a hearing?

Answer 23

*The parties have agreed the terms of the order (in which case they should send in a `consent order’ – a order in agreed form, signed by both parties);

*The parties agree there should be no hearing; or

*The court does not consider a hearing appropriate

Question 24

What happens after the interim application has been heard?

Answer 24

The court will make its decision and the order will be drawn up, sealed and served by the court.

Question 25

When is it possible to make a without notice application?

Answer 25

1. There is exceptional urgency;
2. The overriding objective is best furthered by doing so;
3. All parties consent;
4. The court gives permission;
5. A court order rule or practice direction permits; or
6. A date for a hearing has been fixed, a party wishes to make an application at that hearing, and the party does not have sufficient time to serve an application notice. In this case, the party should still inform the other party and the court as soon as he can of the nature of the application and reason for.

Question 26

What are the procedural safeguards for a without notice application?

Answer 26

1. The application must explain why no notice is given;
2. The applicant must draw the courts attention to arguments and evidence in support of the (absent) respondent’s position.
3. The applicant must serve the respondent ASAP after the hearing whether or not court has granted relief sought. The documents that must be served are:

the application notice
the evidence in support
the order

4. The court must contain a statement of the respondent’s right to make an application to set aside or vary the order. Such application must be made within 7 days of the order being served on the other party.