Interim Applications

Question 1

How many clear days notice are required for interim applications? (include an answer for telephone)

Answer 1

3 clear days (5 if by telephone)

Question 2

When is notice for an interim application not required?

Answer 2

If there is good reason (e.g. notice would give the other party an opportunity to dispose of evidence or assets)

Question 3

How many days does a party who has an interim order issued against them without notice have to make an application to set the order aside?

Answer 3

7 days

Question 4

What two things should an applicant of an interim order file two days before the hearing?

Answer 4

1. Case summary
2. Proposed draft order

Question 5

What is a summary judgment?

Answer 5

An interim order in which the court may decide a particular claim or issue without going to trial.

Question 6

Can a summary judgment be applied for by either party during the proceedings?

Answer 6

Yes

Question 7

What two key things must an applicant of a summary judgment show in order to be successful

Answer 7

1. That the other party has no real prospect of success in the claim/its defence
2. There is no compelling reason why the case should proceed to trial

Question 8

An application for summary judgment cannot be made before D has received the __________ __ ______ and has served an ___________ __ __________ or _______

Answer 8

particulars of claim, acknowledgment of service, defence

Question 9

If a C applies for summary judgement before D files a defence, D doesn’t need to file a defence until _____ the summary judgment hearing. However D may want to append a defence to a ________ __________ opposing the application to help defeat it

Answer 9

after, witness statement

Question 10

At least how many days before the hearing must the applicant of a summary judgment serve written evidence supporting the application on the other party?

Answer 10

14 days

Question 11

At least how many days before the hearing must the opposing party serve evidence in response to an application for summary judgement?

Answer 11

7 days

Question 12

At least how many days before the hearing must a claimant serve a reply/evidence to the defending party’s evidence in the application for summary judgment?

Answer 12

3 days

Question 13

What are three reasons why a party may apply to strike out a claim in the Statement of Case as an interim application?

Answer 13

1. No reasonable ground for the claim
2. Abuse of court’s processes; or
3. Fails to comply with rule or practice direction

Question 14

What is an application for an interim payment?

Answer 14

An application for the court to order some payment before the court has given a final determination on the claim

Question 15

Are interim payments always discretionary?

Answer 15

Yes

Question 16

What are 3 grounds for a party to make an interim application?

Answer 16

1. D has admitted liability
2. C has obtained judgment but the sum to be paid is not yet assessed
3. C would obtain a substantial sum if action proceeded to trial

Question 17

What should a party always do before applying for interim payment to the court?

Answer 17

Invite the other party to make interim payment

Question 18

At least how many days before the hearing should an application to make interim payment supported by evidence be made?

Answer 18

14 days

Question 19

For an interim injunction, what is the difference between a mandatory injunction and a prohibitory injunction?

Answer 19

Mandatory injunction - order requiring a party to do something
Prohibiting injunction - order preventing a party from doing something

Question 20

What happens if an injunction has been obtained without notice of the hearing to the other party?

Answer 20

Another hearing will be set within a few days of the first (known as a ‘return date’) to give the other party a chance to explain why the injunction shouldn’t have been granted

Question 21

The ____ Court can grant any type of injunction, the ______ Court has limited jurisdiction to order an injunction

Answer 21

High, County

Question 22

What is the minimum time period in which an injunction may be obtained?

Answer 22

48 hours

Question 23

What is a key ground in which a party may seek to discharge an injunction granted against them?

Answer 23

Material non-disclosure i.e. the applicant failed to provide all relevant information

Question 24

What is a freezing injunction?

Answer 24

An order which prohibits a party from disposing of specified assets

Question 25

What is the only court that applications for freezing injunctions can be made to?

Answer 25

High Court

Question 26

What is a key requirement for an applicant to prove in order to be granted a freezing injunction?

Answer 26

There is a real risk that D may dispose assets within jurisdiction before judgment can be enforced

Question 27

A freezing injunction will usually require the party who sought it to make an __________ to pay damages if the injunction was inconsiderately granted and also _____ the affected party and third parties such as banks of a right to seek a variation from the order

Answer 27

undertaking, notify

Question 28

What is a search order?

Answer 28

A court order requiring a party to allow the other party to search for and potentially seize evidence that the other party might otherwise destroy

Question 29

What is the only court that can grant a search order?

Answer 29

High Court

Question 30

What are the 3 grounds required for a search order application?

Answer 30

1. Strong prima facie case
2. Reasons for claiming the party might hide/destroy evidence; and
3. Evidence is in the other party’s possession

Question 31

Who will usually be appointed to explain a search order to the affected party and their rights?

Answer 31

An independent supervising solicitor

Question 32

C’s solicitor will be required to give an undertaking to return original documents within how many days after a search order has been granted, and to secure the property taken?

Answer 32

2 days