Interim Applications

Question 1

What are interim applications?

Answer 1

These are applications that are made after litigation has started, but before the trial.

Question 2

What CPR provision governs interim applications?

Answer 2

CPR Part 23 largely

Question 3

What is the procedure for applying for an interim injunction?

Answer 3

Before applying to the court, the parties should seek to resolve the matters between themselves.

Failing this, Part 23 requires the applicant to complete an application notice (Form N244).

Question 4

Which court should the interim application be made to?

Answer 4

The application should be made to the court where the claim started or (if relevant) to where it has been transferred.

Question 5

What should be included in the application notice?

Answer 5

1. The application notice must state what order is being sought and why.
2. Evidence in support:
   Here, a witness statement should be made by the person best able to address the relevant points from personal knowledge.

The statement should:
(a) include the factual information and the evidence in support of the application; and
(b) anticipate the opponent’s case, where appropriate.

Sufficient detail must be provided to persuade the court to make the order because there will be no oral evidence from witnesses at the hearing.

3. A draft order:
   Practice Direction 23A provides that except in the simplest of applications, the application should attach a draft of the order sought to assist the judge.

Question 6

What are the service requirements for the application notice?

Answer 6

The application must be served on the opponent at least 3 CLEAR days before the court hearing.

Question 7

Do the applications have to be made on notice to the other party?

Answer 7

Generally, yes.

General rule is that applications must be made on notice to the other party.

Question 8

Are there exceptions to the general rule requiring applications to be made on notice to the other party?

Answer 8

Yes, exceptions exist, usually where:

1. There is exceptional urgency; or
2. The overriding objective of the CPR would be best achieved by making an order without notice.

Common examples here are freezing injunctions or search orders.

Question 9

What additional requirements are there for applications made without notice to the other party?

Answer 9

1. The evidence must explain why notice was not given to the other party.
2. The applicant has a duty of full and frank disclosure, meaning they cannot take advantage of the respondent’s absence at the hearing and must draw the court’s attention to evidence and arguments they reasonably anticipate the respondent would wish to make.

Question 10

What documents must be served on the respondent as soon as practicable if an order is made without notice?

Answer 10

1. The court order
2. The application notice
3. Any supporting evidence.

Question 11

What can a respondent do about an order made without notice against them?

Answer 11

The respondent may apply to set aside or vary the order within 7 days of service of the order upon them.