Interim Applications Flashcards
Generally, where should an application be made?
The general rule is that an application must be made to the court or county court hearing centre where the claim was started.
Where should an application be made if the claim has been transferred?
The application should be made to the court to which the claim has been transferred unless there is good reason to make the application to a different court.
Where should an application be made if there is a fixed date for trial?
It must be made to the court where the trial is to take place
Where should an application be made if it is being made before proceedings have started?
It should be made to the court where proceedings are likely to be started.
An application made in the county court before a claim has been started may be made at any country court hearing centre, unless any enactment, rule, or P provides otherwise.
Where should an application be made if it is being made after proceedings to enforce judgment?
It must be made to the court which is dealing with the enforcement of the judgment unless any enactment,t rule or PD provides otherwise
Does an applicant have to file an application notice?
Generally, yes.
An applicant may make an application without filing an application notice if it is permitted by a rule or PD or the court dispenses with the requirement.
Does an applicant have to serve a copy of the application notice on anyone, if so, who?
Generally, yes, the applicant must serve a copy of the application notice on each respondent.
The applicant may make an application without serving a copy of the notice if it is permitted by a rule, PD, or court order.
