Interim Applications

Question 1

What are interim applications?

Answer 1

Applications made to the court after a claim has been commenced but before it has reached trial

Question 2

What documents are required for making an interim app?

Answer 2

App form (N244), draft order, evidence

Question 3

When is a skeleton argument required?

Answer 3

If the claim is in the high court

Question 4

What is a skeleton argument?

Answer 4

Written document provided to court in advance of the hearing which summarises the factual and legal issues, the arguments being submitted and any legal authorities being relied upon

Question 5

What is a with notice app?

Answer 5

Applicant gives notice of the hearing to the respondent prior to the relevant court hearing

Question 6

What is a without notice app?

Answer 6

Application does not inform the respondent about the app or hearing until the court has made an order

Question 7

What are the steps of a with notice app?

Answer 7

1. Applicant files app with the court and the court issues the application and sends notice to parties informing of hearing date
2. App must be served on respondent at least 3 days before hearing date
3. Respondent serves any evidence asap - no time scale
4. Applicant permitted to serve any evidence in response
5. Matter goes to hearing & court decides

Question 8

When can a without notice app be made?

Answer 8

Exception circumstances where urgency requires it.

Question 9

What needs to be included in a without notice application?

Answer 9

• explanation in great detail
• evidence why notice was not given
• witness statement setting out all the facts

Question 10

What happens if the court grants the interim app?

Answer 10

• the applicant must serve on the respondent the app notice, evidence, court order and a brief statement explaining the respondent’s right to have the order set aside within 7 days

Question 11

What is a summary judgment?

Answer 11

Effect of concluding a part of or an entire case before trial

Question 12

Who can apply for a summary judgment?

Answer 12

Either party

Question 13

What part of the CPR regulates summary judgments?

Answer 13

Part 24

Question 14

What is the purpose of a summary judgment?

Answer 14

Allows a party who is on the receiving end of a weak claim or defence to request the court to order part or all to be disposed of and if allowed the party will not be allowed to continue that claim or defence

Question 15

What are the grounds that must be met for a summary judgment app to succeed?

Answer 15

1. The respondent has no real prospect of succeeding with the claim or defence
2. There must be no other compelling reason why the claim should proceed to trial

Question 16

What is the procedure for an application for summary judgment?

Answer 16

1. Applicant files app notice (N244) requesting order for summary judgment along with witness statement explaining why they believe two stage test is met
2. Respondent given at least 14 days’ notice of hearing and required to serve any written evidence at least 7 days before hearing
3. Application to file and serve any further written evidence no later than 3 days before the hearing
4. Hearing & court decision/order

Question 17

What orders can be made following a summary judgment?

Answer 17

• judgment on the claim
• dismissal of the claim
• dismissal of the application
• conditional order
• costs order

Question 18

Summary judgment - What is a judgment on the claim?

Answer 18

Where the claimant has brought the application against the defendant. The court gives judgment in the claimant’s favour as they have met both of the part 24 criteria. The claim will therefore not proceed to trial.

Question 19

Summary judgement – what is a dismissal of the claim?

Answer 19

Where the defendant has brought the application against the claimant. The court gives judgement in the defendants favour and dismisses the claimants claim

Question 20

Summary judgement – what is dismissal of the application?

Answer 20

Where the applicant fails to meet the two-stage test are in part 24. The claim will continue as the application would never brought.

Question 21

Summary judgement – what is a conditional order?

Answer 21

Whether the court orders that the claim can continue, but subject to a particular condition being met.

Question 22

In a summary judgement, what are the four cost orders that can be made?

Answer 22

1. One party pays the other parties costs of the application. This is usually the losing party being ordered to pay the successful parties costs.
2. That costs be in the case. This means the decision on cost is deferred until later date.
3. No order as to costs. This means each party will pay their own costs of the application. Usually when there is no clear winner or where the court is equally critical of both sides.
4. Wasted costs order. This is where the legal representatives have to pay the legal cost due to their own poor levels of conduct in dealing with the application.

Question 23

Does the court need to give the applicant permission to make an application for summary judgement?

Answer 23

No, unless it is being made by the claimant prior to the defendant, filing an acknowledgement of service and defence.

Question 24

What is an interim payment?

Answer 24

An amount paid by a defendant to a claimant on account before the court has made its final decision at trial.

Question 25

When would an interim payment be made?

Answer 25

Where the defendant admits liability for the claim and understands that they will need to pay the claimant some money, but the amount of the claim is still to be determined by the court

Question 26

When can an interim payment application be made?

Answer 26

Only where the defendant has refused to make a voluntary interim payment

Question 27

Where are the grounds for an application for interring payment laid out?

Answer 27

Put 25 of the CPR

Question 28

What must the claimant prove for the application to be successful?

Answer 28

One of the following grounds: 1. The defendant has admitted liability to pay damages or some other sum of money to the claimant 2. The claimant has obtained judgement against the defendant for damages to be assessed or for a sum of money (other than costs) to be assessed 3. The court is satisfied that if the claim went to trial, the claimant would obtain judgement for a substantial amount of money against the defendant from whom they are seeking in order for an interim payment.

Question 29

Which of the three grounds for an interim payments is very difficult to prove?

Answer 29

Number three. It is unlikely that the claimant will be successful in this ground, unless they have significant amount of evidence to show that they will win the case and that the damages they will be awarded will be substantial.

Question 30

What is the procedure for an application for an interim payment?

Answer 30

1. Applicant files app notice with an accompanying witness statement, explaining why the grounds have been met. 2. The respondent must then be given at least 14 days notice of the hearing date and is required to serve any written evidence at least seven days before the hearing. 3. The applicant can file and serve further evidence no later than three days before the hearing.

Question 31

What is an interim injunction?

Answer 31

An order that requires a party to either do something specific or refrain from doing something specific pending the full trial taking place

Question 32

What are the guidelines that the court applies when deciding to grant an application for an interim injunction?

Answer 32

1. Is there a serious issue to be tried? 2. Would the damages be an adequate remedy? 3. Where does the balance of convenience lie? 4. Are there any other special factors?

Question 33

What are the two procedures for making an interim injunction application?

Answer 33

With notice and without notice

Question 34

What are the two types of interim injunctions?

Answer 34

Freezing injunction and search order

Question 35

What is a freezing injunction?

Answer 35

In order that prevents the respondent of the application from disposing of their assets before trial.

Question 36

What is a search order?

Answer 36

An order that allows an applicant to enter the premises of the respondent, search for and take copies of evidence required for the court case.