Interim Applications

Question 1

Where should an interim application be made

Answer 1

the court or CC hearing centre where the claim was started

Question 2

what is an application notice

Answer 2

where the applicant states intention to seek order

Question 3

under what circumstances may a court deal with an interim application without a hearing

Answer 3

• the parties agree to terms of the order sought
• the parties agree that the court should dispose of the application without a hearing
  OR
• the court does not consider that a hearing would be appropriate

Question 4

what are the three types of interim applications

Answer 4

summary judgement
interim payment of damages
security for costs

Question 5

How to apply for a summary judgement (interim order)

Answer 5

CPR Part 24

N244 stating grounds, witness statements (what they want and why) and draft order

Question 6

Who may apply for a summary judgement

Answer 6

Either party may apply

Question 7

What may an application for a summary judgement be based on

Answer 7

point of law
evidence expected to be presented at trial
both

Question 8

When can C apply for a summary judgement

Answer 8

Not until D files A of S or defense unless court gives permission

Question 9

How much notice should a respondent have of a summary judgement hearing

Answer 9

14 days

Question 10

When should the respondent of a summary judgement hearing file their evidence by?

Answer 10

file 7 days before hearing

Question 11

When should the applicant of a summary judgement hearing file their evidence by?

Answer 11

file 3 days before hearing

Question 12

What must the application for a summary judgement identify

Answer 12

the evidence relied on or law relied on

that the respondent has no real prospect of defending or succeeding claim

Question 13

what may a court order if a summary judgement application is successful

Answer 13

judgement of claim (only if C is applicant)
Dismiss application
conditional order
strike claim out

Question 14

What costs are recoverable from a summary judgement hearing

Answer 14

If D is successful the cost of the hearing
If C is successful then £175 if claim is worth £25-5K or £210 if claim is worth more than £5k.
For unspecified sum award cost of application and set disposal hearing for costs

Question 15

When can C apply for an order for interim payment of damages

Answer 15

Not until Ds deadline for A of S

Question 16

When should an application notice be served for an interim payment of damages hearing

Answer 16

14 days before hearing

Question 17

What must the court take into account when making an interim payment of damages

Answer 17

• contributory negligence

- any set off or counter claims

Question 18

When must the respondent file evidence for an interim payment of damages hearing

Answer 18

written evidence

served on all parties 7 days before hearing

Question 19

When must the applicant file evidence for an interim payment of damages hearing

Answer 19

written evidence
3 days before hearing
serve copy on respondent

Question 20

what evidence must support an application for interim payment of damages

Answer 20

evidence of:
sum of money sought and in respect of what items
sum of money for which final judgement is likely to be given (can only award a reasonable portion of this)
why conditions in rule 25.7 are satisfied

Question 21

What are the conditions in rule 25.7 regarding an interim payment of damages

Answer 21

grounds on which a court may make an order for interim payment of damages:

• D has admitted liability
• C has obtained a judgement against D
• if claim went to trial, C would obtain judgement for a substantial amount of money against D

Question 22

Who can apply for an interim security for costs order

Answer 22

Only the defendant

Question 23

What must an application for security for costs be supported with

Answer 23

written evidence

Question 24

How can security for damages be held

Answer 24

payment held by court or solicitor
charge over property
guarantee from bank
undertaking

Court will determine amount of security, date by which C must provide it and form it must take

Question 25

Can a security for costs order be made even if there has been an offer to settle

Answer 25

any admission or offer of settlement under part 36 will undermine an application for security for costs. D must have a good chance of winning

Question 26

What happens if security for costs is ordered but C does not pay be deadline

Answer 26

claim is struck out and D can apply for a judgement to be entered with costs assessed

Question 27

Will the court make a security for costs order if C has property in the jurisdiction against which an order could be enforced

Answer 27

less likely

Question 28

When will a court make an order for security for costs

Answer 28

it is just AND C is out of jurisdiction, C is company OR C changed address since litigation started OR enactment permits court to make order. D will need to justify amount sought an establish grounds exist.