Interim Applications Flashcards
What is the purpose of an interim application?
(A) ensure compliance with procedural matters.
(B) request more time.
(C) assist in preparation for trial.
(D) consider penalties.
What is the application process of an interim order?
Form N244 and witness statement - stating why the order is sought and evidence of the facts relied on in support.
Draft order should also be attached to assist the judge.
How will an interim application with a time estimate of 1 hour or less, be conducted?
By phone if possible.
How will the interim costs be decided?
By the judge.
Often referred to as ‘pay as you go’ litigation.
When will a court give a summary judgement on a claim?
(A) if the party has no real prospect of succeeding.
(B) there is no other compelling reason why the case should proceed at trial.
Procedure for summary judgement
(A) applicant applies with N244 and usually a witness statement.
(B) respondent must be given 14 days notice of the hearing date and file and serve evidence 7 days before the hearing.
(C) if applicant wishes to rely on further evidence - they must file and serve at least 3 days before hearing.
What happens if a judge dismisses an application and what is a conditional order?
An application is dismissed if the applicant has failed to bring the case to an early conclusion and it will now proceed towards trial.
Conditional order - application has not been granted, but equally the respondent has not succeeded in having it dismissed - neither side has won.
Cross-undertaking
Injunction ought not to have been granted.
Defendant will be able to claim loss of damages during the period between the injunction and the trial.
What is a freezing injunction and a search order?
Freezing injunction - restrain a party from removing their assets from the jurisdiction - no notice required.
Search orders - compels the respondent to allow their premises to be searched by the applicant.
What is an interim payment and when will one be made?
An advance payment on account of any damages, debt or other sum (excluding costs) - that a defendant may be held liable to pay.
It will be made if there is likely to be a delay in the assessment of damages e.g. because the situation is on going or complex.
