Interim Applications

Question 1

Applicaiton

Answer 1

A hearing before a procedural judge seeking directions or orders relating to civil proceedings

Question 2

At any interim application, the party must be prepared to argue that- (4)

Answer 2

They have done all they can to cooperate; no disruption of court’s timetable; likely benefits of taking a particular step justify the costs of taking it; application deals with as many aspects of a case as possible

Question 3

The specific rule which contains the power or the procedure to follow in some interim applications-

Answer 3

Will take precedence over any general rule

Question 4

An interim application should be made-

Answer 4

As soon as it is apparent that it is necessary/desirable to make it

Question 5

Wherever possible, an interim application should be made and heard-

Answer 5

At any hearing that has already been listed

Question 6

What’s the general rule as regards applications and notice?

Answer 6

An application should be made on notice unless there is good reason for it to be without notice

Question 7

If there is a time limit for making an interim application-

Answer 7

The application is treated as being made on the day the application notice and fee are received by the court

Question 8

When should be the application notice served?

Answer 8

At least three clear days before the hearing

Question 9

If the respondent wishes to rely on evidence to respond to the interim application-

Answer 9

Such evidence should be filed at court asap

Question 10

When should an application SOC be filed and served?

Answer 10

24 hours before the hearing or more

Question 11

Occasions where it is necessary to make an application without notice (3)

Answer 11

Giving notice would defeat purpose of the application; opponent not yet on court record; defendant can only be identified by description and not name

Question 12

The evidence in respect of a without notice application-

Answer 12

Must include the reasons why the notice was not given

Question 13

What happens if an application is made without notice when it is not appropriate to do so?

Answer 13

It will be dismissed or adjourned until proper notice is given

Question 14

What happens when the court receives an application on paper?

Answer 14

It will refer it to a master or district judge for a decision as to whether it is appropriate to proceed without a hearing

Question 15

Applications without hearing (5)

Answer 15

Change of solicitor; service outside of jurisdiction; payment out of funds in court; where parties agree terms of order; where parties agree that the court should dispose of the application without a hearing

Question 16

What if one party fails to attend an interim application hearing?

Answer 16

They can proceed in party’s absence and if that party then shows a good reason for non-attendance, the court may list the application to be re-heard

Question 17

What’s the default position as regards drawing up orders?

Answer 17

Court will draw it up unless ordered/agreed otherwise

Question 18

Where a party is drawing up the order-

Answer 18

It must be filed at court for sealing no more than seven days after the date of the hearing

Question 19

The court may approve a consent order without a hearing provided that it-

Answer 19

States on its face that it is by consent; contains the agreed terms; is signed by both parties