Interim Applications Flashcards
chapter 6
What is the purpose of interim applications?
Interim applications are made after litigation starts but before trial, aiming to ensure the case proceeds quickly and efficiently. They can address procedural matters, request more time, assist trial preparation, or consider penalties.
What is the general procedure for making an interim application?
The applicant completes an application notice (Form N244) and usually provides a witness statement. The application must state the order sought and why. The application notice must be served on the respondent at least three clear days before the hearing. Parties should attempt to resolve matters before applying to the court.
What are the requirements for evidence in support of an interim application?
A witness statement from someone with personal knowledge should include factual information supporting the application and anticipate the opponent’s case. Sufficient detail should be provided as there is no oral evidence from witnesses at the hearing.
What are the rules regarding service of an application notice?
The application notice must be served on the opponent at least three clear days before the court hearing. Clear days exclude the date of service, the hearing, weekends, and bank holidays. Documents sent by first-class post are deemed served two business days after posting.
When can an order be made without notice?
Orders can be made without notice in cases of exceptional urgency or when it best achieves the overriding objective of the Civil Procedure Rules (CPR). Common examples include freezing assets or search orders.
What is the duty of full and frank disclosure when applying without notice?
The applicant must disclose all relevant information, including what the respondent might argue, as they are not present at the hearing.
What are the common types of costs orders in interim applications?
○[Named party’s] costs: The named party is entitled to their costs, usually assessed summarily.
○Costs in the case: The ultimate loser of the litigation pays the interim costs.
○No order as to costs: Each party bears their own costs
What is summary judgment and what are the grounds for it?
Summary judgment is a procedure to bring a case to an early conclusion. The court may grant it if a party has no real prospect of success and there is no other compelling reason for a trial.
What are some reasons why a matter may not be suitable for summary judgment?
Cases with complex issues, difficult questions of law, or those requiring witness testimony may not be suitable for summary judgment.
What are the possible orders the court can make in a summary judgment application?
The court can issue judgment on the claim, strike out or dismiss the claim, dismiss the application, or make a conditional order
What is an interim injunction?
It is a court order that is a discretionary remedy, requiring a party to do or not to do something. It aims to maintain the status quo until trial and is granted when damages are not an adequate remedy.
What guidelines does the court use when deciding whether to grant an interim injunction?
○Is there a serious question to be tried?
○Are damages an adequate remedy?
○Does the balance of convenience favor granting or refusing the injunction?
○Are there any special factors?
What is a cross-undertaking in relation to an interim injunction?
The applicant undertakes to pay damages to the respondent if it turns out the injunction should not have been granted
What are two examples of interim injunctions that can be made without notice?
Freezing injunctions, which prevent a party from removing assets, and search orders, which allow premises to be searched for documents or property.
What is an interim payment?
It is an advance payment on account of damages or another sum, excluding costs. It allows claimants with a strong case on liability to avoid financial hardship.
