Interim Applications Flashcards
Which civil procedure rules are relevant to interim applications?
CPR 23, 23A PD, CPR 2.8, 44 PD 9
What is an interim application?
Applications for orders / directions made to court, between commencement and trial.
What are examples of interim applications?
Extending time period, Applying to amend statement of case, Request for further information, Requesting specific disclosure, Seeking permission to rely on expert evidence.
When should an interim application be made?
As soon as it becomes apparent its necessary or desirable.
What are parties to interim application called?
Applicant and respondent.
What is the process of making an application?
Filing an application form to the court (Form N244).
What must interim application notice state?
1) Who is making application 2) What order they want 3) Why they are 4) What information applicant relies on in support of application
Is a fee applicable for interim application?
Yes.
What does interim application end with?
Statement of truth.
How can evidence be given for interim application?
1) In the notice 2) By referring to existing statements of case 3) In a witness statement (or affidavit).
What else should the applicant draft for the court in interim application?
Draft order.
What is deadline for service of interim application?
Not less than three clear days before application is to be heard.
What must be served alongside interim application?
Evidence.
When would a statement of costs in relation to interim application be filed and exchanged?
Not less than 24 hours before hearing.
How are most interim applications dealt with?
At a hearing.
When could interim application be dealt with in the absence of a hearing?
1) Parties have agreed terms of order 2) Parties agree there should be no hearing; 3) Court does not think it’s appropriate.
When are without notice applications permittable?
1) Exceptional urgency
2) Overriding objective furthered by doing so
3) All parties consent 4
4) Court gives permission
5) A court order, rule or practice direction permits
6) A date for hearing has been fixed, wants to make application at that hearing, but not sufficient time to serve.
How does the court mitigate risks of unfairness in making application without notice?
1) Application must explain why no notice 2) Applicant must draw court’s attention arguments and evidence in support of the absent respondent’s position 3) Applicant must serve respondent as soon as possible after the hearing with notice, evidence, order 4) Court must order statement of respondent’s right to make application to set aside or vary order within 7 days.
How long does a respondent have to make an application to set aside interim order?
7 days of the order.
