topic 4- interim applications Flashcards
when can evidence and statement of costs be served after an interim application is filed?
- Service of evidence must be effected AS SOON AS PRACTICABLE after the application is filed and not less than three clear days before the application is to be heard.
- Statement of costs in relation to the application should also be filed and exchanged not less than 24 HOURS before the hearing.
can an interim application be served without notice?
yes but only in cases of exceptional urgency, if all parties consent, courts give permission etc.
- applicant must then tell the respondent as soon as possible after the hearing.
- Any application to set aside must by made within 7 days of the order being served on the other party (CPR 23.10).
what are the grounds for summary judgement?
- Claimant has no real prospect of succeeding on the claim or issue or
- The defendant has no real prospect of successfully defending the claim or issue.
AND
There is no other compelling reason why the case or issue should be disposed of at trial.
when can the claimant and defendant apply for summary judgement?
claimant- after D has filed defence of acknowledgement of service.
(time for the D to file a defence is then extended until after the summary judgement hearing)
Defendant- any time after proceedings have commenced.
what are the time limits for serving a summary judgement?
NS44 form.
- serve at least 14 days before hearing with notice if the date is fixed.
- respondent files at court and serves evidence at least 7 days before hearing.
- Applicant files at court and serves on the respondent evidence at least 3 days before hearing.
- Both parties file and exchange statements of costs not less than 24 hours before hearing
what are interim payments?
application made by claimant. ANY CAN APPLY.
1. defendant has admitted liability to pay damages.
2. claimant has obtained judgement against D for damages to be assessed.
3. if it is satisfied that, if the claim went to trial, claimant would obtain judgement for a substantial amount of money against the D.
request from D THEN the court.
what are the timings for interim payments?
- Service at least 14 days before hearing.
- Respondent evidence at least 7 days before hearing.
- Applicant evidence at least 3 days before hearing.
- Statement of costs not less than 24 hours before hearing.
CLAIMANT cannot apply to court before the end of the period for defence filing an acknowledgement of service.
what is an application for security for costs?
concerned claimant cannot pay D’s costs.
1. having regard to all the circumstances of the case, it is just to make an order.
2. One or more of the prescribed conditions in the rules are satisfied.
Prescribed conditions for security of costs:
- The claimant is resident out of the jurisdiction (but is not resident in a State bound by the 2005 Hague Convention) (CPR 25.13(2)(a))
- The claimant is a company and there is reason to believe it will be unable to pay the defendant’s costs if ordered to do so (CPR 25.13(2)(c))
- The claimant has taken steps in relation to its assets that would make enforcement of a costs order against it difficult (CPR 25.13(2)(g))
what are the timings for security for costs?
same rules as interim applications.
costs in any event…
what are the 3 types of interim injunctions?
- Prohibitory injunction- requires a respondent to refrain from doing an act (interim can be awarded during trial).
- Mandatory injunction- requires respondent to do a specific act.
- Quia timet injunctions- allow both prohibitory and mandatory injunctions where a wrong has been threatened but not yet committed.
what is the court’s test for allowing an injunction?
- Is there a serious question to be tried? (must be a pre-existing course of action)
- Would damages be an adequate remedy for a party injured by the court’s grant of, or failure to grant, an injunction?
- Where does the balance of convenience lie? (if damages are not adequate)
- can be made without notice but only for a limited period.
who tends to bear the costs of an interim application?
the person applying for the interim application will usually be responsible for the costs of the application and the consequences of it e.g the amendment of statements of case.
