Interim Applications

Question 1

What should parties do before an interim application?

Answer 1

They should try to resolve the matter without using the courts.

Question 2

What’s the correct form for an interim order?

Answer 2

N244

Question 3

What should be included in an application notice?

Answer 3

Must state what order is being sought and why. Will include evidence in support of the application.

Question 4

When should the application notice be served on the other party?

Answer 4

At least three clear days before the hearing; this excludes weekends, the date of the hearing and bank holidays.

Question 5

When would an interim application be made without notice? Which type of order is it most appropriate for?

Answer 5

Where:

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

Freezing orders or search orders are the most appropriate types of orders.

Question 6

What should the applicant do when an order is made without notice?

Answer 6

The applicant must explain why notice was not given and they must draw the court’s attention to evidence and arguments the respondent would make.

Question 7

When an order is made without notice, what must the applicant serve on the respondent? By when?

Answer 7

Must serve:

• the court order;
• the application notice; and
• any supporting evidence

as soon as it is practicable to do so.

Question 8

What costs rules apply to interim applications?

Answer 8

Normal costs rules; the loser pays the winner’s costs.

Although, if the winner is applying for something they are at fault for, they likely have to pay.

Question 9

What interim application is applied for when a weak defence or particulars of claim is served?

Answer 9

Summary Judgment.

Question 10

When will the court allow a summary judgment application?

Answer 10

When:
(i) D/C has no real prospect of defending/succeeding on the claim; and

(ii) there is no other compelling reason/there is a compelling reason why the case should go to trial.

A respondent only needs to prove one ground.

Question 11

What are common reasons for a ‘compelling reason to go to trial’? (3 reasons)

Answer 11

• Need to allow more time for the matter to be investigated;
• Claim or defence is highly complicated so can only be properly understood at full trial;
• the need to hear from witnesses, especially if a key issue is disputed oral evidence

Question 12

What is the procedure for a summary judgment?

Answer 12

• Applicant applies via N244;
• Respondent has: 14 days’ notice of the hearing; and files and serves written evidence 7 days before the hearing

Question 13

What is a conditional order for a summary judgement?

Answer 13

Application hasn’t been granted, nor dismissed.

Ordered when the court concludes it is possible, but not probable, that a claim or defence may succeed.

Party will be allowed to continue provided they pay a sum of money or take a step in relation to their claim.

Question 14

What is an interim injunction?

Answer 14

An injunction ordered before trial to prevent an activity, e.g. stopping the sale of counterfeit items.

Injunction ordered until trial.

Question 15

What four guidelines are used by the court when considering the grant of an interim injunction?

Answer 15

Will determine whether:

(1) A serious question to be tried;

(2) damages are an adequate remedy for either side;

(3) balance of convenience lies in favour of granting or refusing the injunction; and

(4) whether there are any special factors

Question 16

What types of injunctions are ordered without notice?

Answer 16

(i) Freezing injunctions; and

(ii) Search orders

Question 17

When should a hearing for interim injunction be served on a respondent?

Answer 17

3 days before the hearing.

Question 18

What is the procedure for an interim payment application?

Answer 18

Must be served 14 days before the hearing date stating:

• the amount requested and what it’s used for;
• the amount of the sum of money that is likely to be awarded at final judgement; and
• the reasons for believing the grounds required by the CPR are satisfied

Question 19

What are the 3 grounds that must be satisfied for an interim payment?

Answer 19

(1) D has admitted liability;

(2) C has obtained judgement against D for damages assessed; or

(3) The court is satisfied that, if the case went to trial, C would obtain judgment for a substantial amount of money.

Question 20

What is the burden on the claimant under the ground that ‘C would obtain a substantial amount of money at trial’?

Answer 20

C must prove, on the balance of probabilities, that they will succeed - not just that it is likely they will do so.

Question 21

What amount is the court allowed to pay on an interim payment application?

Answer 21

The court can order a sum that is a reasonable proportion of the likely final judgment.