Interim Applications Flashcards
(20 cards)
Q: What is the purpose of interim applications in civil proceedings?
A: Interim applications aim to ensure that cases progress efficiently and align with the court’s overriding objective of handling matters justly. These applications address issues arising after litigation begins but before the trial.
Q: What form must be used to file an interim application with the court?
A: Form N244 is the required form for notifying the court of an interim application.
Q: Before filing an interim application, what should the parties attempt to do?
A: Parties should attempt to resolve the matter independently, usually through correspondence, to align with the overriding objective and avoid potential cost penalties.
Q: Where should an interim application be filed?
A: The application should be filed in the court where the claim started or, if applicable, where it has been transferred.
Q: What must be included in an interim application notice? 4 things
A: The application notice must state:
- The order sought
- The reason for the request
- Be supported by evidence, (either in the form itself or an attached witness statement),
- Verified by a statement of truth.
Q: What is the minimum notice period for serving an interim application notice on the opposition?
- A: The application notice must be served at least 3 clear days before the court hearing excluding weekends, bank holidays, and the day of service and hearing.
Q:
- What is a consent order?
- When can parties apply for a consent order?
- What is its benefit?
- A consent order is a formal court order that reflects an agreement reached between the parties in a case. It is made with the court’s approval, but without the need for a hearing.
- Parties can apply for a consent order to their agreement if they reach an agreement on the order required (i.e. .The parties agree in advance on what they want the court to order — instead of fighting over it in a hearing). This saves costs as it removes the need for a court hearing.
- Purpose of a consent order
- To record and formalise an agreement reached by the parties.
- To make that agreement legally binding and enforceable as a court order.
- To avoid the costs, time, and uncertainty of a contested hearing.
Q: Under what circumstances can an application be made without notice?
A: Applications can be made without notice in cases of exceptional urgency or where the overriding objective would be best served without notifying the other party, such as in freezing orders or search orders.
Q: What is a cross-undertaking in damages in the context of an interim injunction?
A: A cross-undertaking is the applicant’s promise to compensate the respondent if it is later determined that the injunction should not have been granted, covering any losses the respondent suffered due to the injunction.
Q: What are the key considerations for a court in granting an interim injunction?
A: The court considers whether there is a serious question to be tried, if damages are an adequate remedy, the balance of convenience, and any special factors (American Cyanamid guidelines).
Q: When can a party apply for summary judgment, and under which rule?
A: A party can apply for summary judgment under CPR Part 24 if there is no real prospect of success for the opposing party in their claim, defence, or issue, and there is no compelling reason for a trial.
Q: What is a conditional order in the context of summary judgment applications?
A: A conditional order is issued when the claim or defence has a low probability of success but is still possible. It allows the case to continue if the party meets specific conditions, like depositing money with the court.
Q: What are freezing injunctions, and when might they be granted?
A: Freezing injunctions prevent a party from moving assets out of the jurisdiction to secure funds for a potential judgment. They are granted if the applicant has a strong claim and there’s a real risk the respondent will dispose of assets.
Q: What is a search order, and when is it typically used?
A: A search order compels the respondent to allow premises to be searched for evidence. It’s used when there’s a strong case, serious risk of harm without the order, and the material is likely to be destroyed or hidden if notice is given.
Q: What are interim payments, and under what circumstances can a claimant apply for one?
A: Interim payments are advance payments on damages or sums (excluding costs) that a defendant may owe. A claimant can apply after the service acknowledgment deadline, primarily to avoid financial hardship during lengthy litigation.
Q: What evidence must be included in an application for an interim payment (4)?
A: The application must detail the;
- Requested amount
- Its intended use
- Likely final judgment amount, and
- Grounds supporting the request under CPR Part 25.
Q: How does the court determine the amount of an interim payment?
A: The court orders a reasonable proportion of the likely final judgment amount, considering contributory negligence and any counterclaims. Payments can be made in a lump sum or installments.
Q: What are the standard time limits for responding to evidence in an interim payment application?
A: The respondent must submit evidence 7 days before the hearing, and any additional evidence from the applicant must be submitted 3 days before the hearing.
Q: Why are interim payments not disclosed to the trial judge?
A: To prevent bias, the trial judge is not informed about interim payments until all issues of liability and quantum are resolved, unless the defendant consents otherwise.
Q: What is the purpose of a ‘pay as you go’ approach in interim costs?
A: Interim costs are addressed separately for each application, with the losing party typically paying the winning party’s costs, rather than deferring cost decisions until the end of the case.
