Interim Applications ( Syllabus 15)

Question 1

Can a party seek an order for interim remedy prior to the commencement of proceedings? (CPR 25.2)

Answer 1

Yes, an order for an interim remedy may be made at any time including, before proceedings have started and after judgement has been given

If before proceedings, case liley heard/transferred in court unless there is good reason to make application in diff court. (CPR 23.2)

The circumstances in which an application may be made before a claim ahs been started are somewhat limited, usually only where the matter is urgent and it is necessary to do so in interest of injustice. Ex: Injunction

Question 2

What are the documents needed to filed with the court for any application

Answer 2

• Application notice
  -Witness evidence
  -Draft order
  Requirement for evidence in certain types of applications is set out in rules. Where there is no specific req to provide evidence it shld be borne in mind that, court need to be satisfied by evidence for support or in opposing the application.

Question 3

How much notice must be given to the Respondent in relation to hearing

Answer 3

CPR 23.7(1)
- Copy of application notice shld be served as soon as filled and except where another time limit is specified,

(PD at least 3 clear days before the court hearing)

Court “may” allow shorter period of notice if app in the circumstances, the court has power under CPR 3.1(2)(a) to abridge the time of service

CPR 23.7(4) where application notice is served, but period of notice is shorter then what required in rule/pd the court may direct that sufficient notice has been given and hear the application.

Question 4

how much notice must be given to opposing side for an interim application

Answer 4

CPR 23.7(1)
- Soon as practical after it has been filled
-At least 3 clear days before the court hearing

Rmbr that the application must contain
1. Application notice
2. Witness Evidence
3. Draft order
Req for evidence in certain types of application is set out in rules/pd

Question 5

What is a DJ?

Answer 5

Judgement without trial, where D has failed to file AOS or has failed file Defence.

There are certain instance where DJ may not be obtained where the D has applied for:
a) Struck out C SOC under 3.4

b) Summary judgment Part 24

By the D doing so, it will effectively stay the claim pending the disposal of the SJ application

Instance where cant get DJ:
a) strike out
b) D has satisfied whole claim
c) D has filed or served on C an admission with req for time to pay