Interim Applications

Question 1

Without notice only where:

Answer 1

• Urgent
• Secret
• No defendant
• Hearing already fixed for other purpose and insufficient time to serve

Question 2

Documentation required

Answer 2

• Application Notice on Form N244 (draft order/brief details)
• Written evidence
• Skeleton argument
• Application bundle
• Statement of costs
• Fee paid
• Issued by court

Question 3

Only if:

Answer 3

• Exceptional urgency
• Overriding objective
• Consent of all parties
• Court grants permission
• Court order/rule/PD permits

Question 4

Period of notice (general)

Answer 4

• As soon as possible

- Minimum of 3 clear days before ‘return day’

Question 5

Period of notice (summary judgment and interim payment)

Answer 5

• 14 days for C to file and serve, then:
• 7 days before hearing for respondent to file and serve evidence
• 3 days before hearing for any evidence in response

Question 6

Duty of full and frank disclosure in without notice applications

Answer 6

• Must disclose all material facts
• Which are known to the applicant actually or constructively
• Continuing duty
• Breach results in order being discharged