Notice time limit of interim application to D
3 clear days
*NB for freezing orders/search orders - notice unnecessary because otherwise party may hide the/dispose of object/asset.
Who hears an interim application?
Issued in the High Court RCJ - a Master
Issued anywhere else - District Judge
Procedure following W/O notice interim injunction
If order is made, then must be served on D with application + evidence.
D has 7 days to make application to set order aside
Wasted costs order
When Sol (not client) made to pay costs for wasting court time
Default judgment v summary judgment
Default: Judgement entered bc party failed to follow process
Summary: where party shows there is no real prospect of success + no other compelling reason why claim should proceed.
Strike out
(1) An application for an order under rule 3.4(2)(a) - where a statement of case discloses no reasonable grounds for bringing or defending a claim; OR
(2) An application under rule 3.4(2)(b) - where a statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings.
(3) An application under rule 3.4(2)(c) where there has been a failure to comply with a rule/practice direction/order
Summary judgment
(1) No real prospect of success
(2) No other compelling reason to be disposed of at trial.
Time limit for application for summary judgment
WHEN? Cannot make application w/o D receiving of PoC and sending AoS.
Evidence in support of app served w/in 14 days of hearing
Evidence in reply w/in 7 days of hearing
Any further reply w/in 3 days of hearing
Interim Payment Order
(Court’s considerations)
- D admitted liabilty
- C obtained judgment; assessment damages outstanding
- Ct satisfied IF to trial, C would obtain substantial sum; OR
- 2+ Ds and Ct satisfied C would obtain substantial sum from at least 1 D + Each D insured.
*NB - Not necessary to establish NEED for payment.
Timing for Interim Payment
- After D served Aos
- C should first try to agree with D before making application to Ct
Undertakings re Interim Injunctions
- C may be required to make undertaking to D re losses IF Ct finds at trial against injunction
- D may undertake to do as C asks in application. C then undertakes to safeguard D if C loses at trial
What are the SIX conditions for freezing order?
Who can make a freezing order?
- The applicant my have a cause of action, that is, an underlying legal or equitable right.
- The English court must have jurisdiction.
- The applicant must have a good arguable case.
- The existence of assets.
- There is a risk of dissipation.
- The applicant must provide an undertaking in damages.
Conditions for search order
- the party applying for the order has an extremely strong case on the merits;
- the damage caused, or likely to be caused, if a search order is not made is very serious for the party applying for the order;
- the other party has incriminating documents or goods in its possession and there is a real possibility that that party will destroy or corrupt the documents or goods if given notice of the application; and
- the harm likely to be caused by the execution of the search order to the respondent and his business affairs must not be excessive or out of proportion to the legitimate object of the search order.
