Interim Applications Flashcards
Which of the following is the default document that must be filed when making an interim application?
A. Application Notice
B. Claim form
C. Defence
D. Case management order
A. Application notice
Explanation: An application notice sets out what the applicant is asking the court to do and is a required part of the interim application process.
What type of interim application asks the court to dispose of a claim or issue without a full trial?
A. Summary Judgment
B. Security for Costs
C. Interim injunction
D. Case management order
A. Summary judgment
Explanation: Summary judgment is used to dismiss weak claims or defences before trial if there is no real prospect of success.
An application for an interim payment requires the court to be satisfied that:
A. The defendant has no defence
B. The claimant is acting unreasonably
C. The defendant will probably be liable to pay a sum
D. The claimant has already won the case
C. The defendant will probably be liable to pay a sum
Explanation: The court needs to be satisfied that the claimant would obtain judgment and be entitled to a payment for damages or debt.
Security for costs is most likely to be granted if:
A. The claimant has delayed disclosure
B. The defendant has strong evidence
C. The claimant is unlikely to be able to pay the defendant’s costs if ordered
D. The claimant refuses mediation
C. The claimant is unlikely to be able to pay the defendant’s costs if ordered
Explanation: The purpose of security for costs is to ensure the defendant’s costs are protected in such cases.
Lucy brings a personal injury claim and needs money to make her home wheelchair accessible before trial. What application should she make?
A. Summary judgment
B. Security for costs
C. Interim payment
D. Injunctive relief
C. Interim payment
Explanation: An interim payment allows the claimant to receive some funds before trial where liability is likely and urgent financial needs exist.
A claimant is based overseas and has no assets in England or Wales. The defendant believes it will not recover costs if it wins. What should the defendant apply for?
A. Interim payment
B. Summary judgment
C. Interim injunction
D. Security for costs
D. Security for costs
Explanation: The court may order the claimant to provide funds to secure the defendant’s costs in case the claim is unsuccessful.
Daniel brings a weak claim with no realistic prospect of success. His claim reaches the defence stage, and the defendant wants to bring it to an early end. What should the defendant do?
A. Apply for interim payment
B. Apply for security for costs
C. File a counterclaim
D. Apply for summary judgment
D. Apply for summary judgment
Explanation: Summary judgment is the proper application where a claim (or defence) has no real prospect of success and there’s no compelling reason for a trial.
A claimant asks the court to prevent a defendant from publishing damaging information online until the trial. What type of application is this?
A. Security for costs
B. Interim payment
C. Summary judgment
D. Interim injunction
D. Interim injunction
Explanation: Interim injunctions prevent actions (or compel them) on an urgent basis where serious harm may otherwise occur before trial.
An interim injunction is granted without notice. What must the applicant do as a safeguard?
A. Immediately serve a Part 36 offer
B. Provide a cross-undertaking in damages
C. Apply for summary judgment
D. Cancel the order if the respondent disagrees
B. Provide a cross-undertaking in damages
Explanation: This protects the respondent if it turns out the injunction was wrongly granted and caused them financial loss.
What distinguishes an interim application from a final order?
A. It always leads to trial
B. It is filed by the judge
C. It is made during the case and does not resolve the entire dispute
D. It can only be made once
C. It is made during the case and does not resolve the entire dispute
Explanation: Interim applications are about procedural or urgent matters before the final resolution of the case.
Which of the following is NOT a reason the court would typically grant an interim injunction?
A. To prevent serious harm
B. Where there is a real issue to be tried
C. To preserve the status quo
D. To punish a party for delaying disclosure
D. To punish a party for delaying disclosure
Explanation: Injunctions are not punitive; they are protective. Delays in disclosure are addressed by other case management powers.
When must an applicant usually serve the application notice and supporting evidence on the respondent?
A. After the trial
B. As soon as possible after issue and before the hearing
C. Only if the court orders
D. 24 hours before the hearing
B. As soon as possible after issue and before the hearing
Explanation: The respondent has a right to be informed and to respond unless the court allows a without notice application in exceptional cases.
Which CPR rule contains guidance on how to calculate time (e.g., ‘clear days’) for serving interim applications?
A. CPR 24
B. CPR 23A PD
C. CPR 2.8
D. CPR 44
C. CPR 2.8
Explanation: CPR 2.8 provides the method for counting time periods in the Civil Procedure Rules.
How many clear days must an interim application be served before the hearing?
A. Five
B. Three
C. Seven
D. Two
B. Three
Explanation: CPR 23.7 requires that the application is served not less than three clear days before the hearing.
Zara wishes to request an extension of time to file her defence. What type of application should she make?
A. Part 36 offer
B. Interim application
C. Strike-out application
D. Pre-action protocol
B. Interim application
Explanation: An extension of time is a typical example of an interim application.
Jamie has served an application notice and supporting evidence to the respondent. What must he now ensure is done at least 24 hours before the hearing?
A. Serve a defence
B. Submit a draft judgment
C. File and exchange statements of costs
D. Serve a Part 36 offer
C. File and exchange statements of costs
Explanation: PD 44.9.5 requires that statements of costs for interim applications be exchanged at least 24 hours before the hearing.
A defendant makes a without notice application for a freezing injunction. The court grants the order. What must the defendant serve on the claimant as soon as possible?
A. Draft judgment and costs budget
B. The application notice, evidence, and order
C. Pre-trial review bundle
D. Witness list and trial timetable
B. The application notice, evidence, and order
Explanation: CPR 23.9 requires these documents be served ASAP after a without notice hearing.
A claimant urgently applies for an interim injunction without informing the other party. What must they include in their application to the court?
A. A defence from the respondent
B. Consent from the respondent
C. An explanation for not giving notice
D. A summary judgment form
C. An explanation for not giving notice
Explanation: Without notice applications must explain why notice was not given (23A PD 3).
A defendant makes a without notice application for a freezing injunction. The court grants the order. What must the defendant serve on the claimant as soon as possible?
A. The application notice, evidence, and order
B. Draft judgment and costs budget
C. Pre-trial review bundle
D. Witness list and trial timetable
A. The application notice, evidence, and order
Explanation: Under CPR 23.9, when a without notice order is granted, the applicant must serve the application notice, evidence in support, and the order on the respondent as soon as possible, whether or not the application succeeded.
If the respondent disagrees with an order made without notice, how long do they have to apply to set it aside or vary it after being served?
A. 3 days
B. 10 days
C. 14 days
D. 7 days
D. 7 days
Explanation: CPR 23.10 gives the respondent 7 days to challenge a without notice order.
At what stage in proceedings can a party make an interim application?
A. Anytime from pre-action until trial
B. Only after disclosure
C. Only after statements of case are served
D. Only at the case management conference
A. Anytime from pre-action until trial
Explanation: Interim applications can be made before proceedings have started and at any stage before trial, depending on the type of application and urgency (e.g., injunctions or security for costs).
Which document sets out the specific terms the applicant wants the court to order in an interim application?
A. Draft order
B. Skeleton argument
C. Witness statement
D. Defence
A. Draft order
Explanation: A draft order is required when filing an interim application and specifies exactly what the applicant is asking the court to order. This helps the judge and opposing party understand the proposed relief.
Which of the following best describes the ‘overriding objective’ when making or responding to an interim application?
A. To win the application
B. To avoid trial
C. To punish the other side
D. To deal with the case justly and efficiently
D. To deal with the case justly and efficiently
Explanation: The overriding objective under CPR 1.1 is to deal with cases justly, proportionately, and efficiently.
Under CPR 23, what is the correct form to use when issuing an interim application?
A. N244
B. N265
C. N1
D. N242
A. N244
Explanation: N244 is the application notice used for interim applications under CPR 23.
