Interim Applications

Question 1

Interim applications

Answer 1

applications made anytime before the dispute goes to trial

Question 2

General timeline for interim applications

Answer 2

Issue → Service → Further evidence → Hearing

Question 3

Purpose of summary judgment

Answer 3

to enable the court to dispose of claims or issues without the need for a full trial

Question 4

Interim payment

Answer 4

a payment on account of damages, debt or other sum (except costs) which a defendant may be liable to pay to a claimant

Question 5

Who applies for interim payments?

Answer 5

the claimant

Question 6

interim injunction

Answer 6

an order of the court requiring a party to do or to refrain from doing a given act

Question 7

application notice for interim applications

Answer 7

Form N244

Question 8

Service of an application must be effected…

Answer 8

ASAP after the application is filed and not less than 3 clear days before the application is to be heard

Question 9

When should a statement of costs in relation to the application be filed and exchanged?

Answer 9

not less than 24 hours before the hearing

Question 10

When are the courts most likely to order a telephone hearing?

Answer 10

if the hearing is expected to last no more than 1 hour

Question 11

Which documents are taken to court for a hearing date to be set?

Answer 11

Application notice (Form N244)
Supporting evidence
Draft order
Fee

Question 12

For without notice hearings, the documents the applicant must serve on the respondent are

Answer 12

The application notice
The evidence in support
The order

Question 13

Any application to set aside must be made within

Answer 13

7 days of the order being served on the other party

Question 14

Test for summary judgment: Limb 1

Answer 14

The claimant has no real prospect of succeeding on the claim or issue; or
The defendant has no real prospect of successfully defending the claim or issue

Question 15

Test for summary judgment: Limb 2

Answer 15

There are no other compelling reasons why the case or issue should be disposed of at trial

Question 16

In the ‘no real prospect’ test, what does ‘real’ mean?

Answer 16

more than merely arguable

Question 17

Ideally, the claimant or defendant should apply for summary judgment either

Answer 17

before or at the same time as filing the Directions Questionnaires to avoid incurring unnecessary costs

Question 18

A summary judgment application creates ?

Answer 18

a pause in the proceedings

Question 19

How many days before the summary judgment must the respondent file and serve evidence?

Answer 19

at least seven days before the summary judgment hearing

Question 20

4 potential outcomes at the summary judgment hearing

Answer 20

Dismissal of application
Obtain Summary Judgment
Dismissal of claim
Conditional order

Question 21

Before applying to the court for an interim payment, the claimant should?

Answer 21

make a request for a voluntary payment from the defendant first

Question 22

During which time can the claimant NOT apply for an interim payment?

Answer 22

the claimant cannot apply to the court for an interim payment before the end of the period for the defendant filing an acknowledgment of service

Question 23

the court must not make an interim payment of more than

Answer 23

a reasonable proportion of the likely amount of the final judgment

Question 24

an interim payment made by a defendant in the course of the proceedings will not be disclosed to

Answer 24

the trial judge until all questions of liability and quantum have been decided

Question 25

The defendant must satisfy the court of 2 matters before an order for security for costs can be made

Answer 25

1. Having regard to all the circumstances of the case, it is just to make an order 2. One or more of the prescribed conditions in the rules are satisfied

Question 26

What must the defendant show to satisfy the impecunious claimant company condition?

Answer 26

a) The company’s inability to pay costs; and b) the amount of the likely costs

Question 27

Rule from Jirehouse Capital v Beller which makes it easier for defendants to obtain security for costs from companies

Answer 27

defendant may be able to show that there is ‘reason to believe’ that the claimant company will be unable to pay even if the claimant company can adduce substantial evidence to the contrary

Question 28

security will only be granted by the court if

Answer 28

having regard to all the circumstances of the case, it is just to make such an order

Question 29

An impairment of a claimant’s right of access, which is disproportionate to the need to protect the defendant, is likely to be a breach of

Answer 29

Article 6 ECHR

Question 30

An appiclation for security for costs must be supported by

Answer 30

written evidence, usually a witness statement

Question 31

amount of a security of costs is entirely within

Answer 31

the court’s discretion

Question 32

The most frequent order for security for costs is for a sum to be paid into

Answer 32

court by a required date

Question 33

Who applies for security for costs?

Answer 33

the defendant

Question 34

Breach of an injunction is potentially punishable as

Answer 34

contempt of court

Question 35

a mandatory injunction requires the respondent

Answer 35

to do a specific act

Question 36

a prohibitory injunction requires the respondent to

Answer 36

refrain from doing an act

Question 37

quia timet injunctions allow

Answer 37

both prohibitory and mandatory injunctions where a wrong has been threatened but not yet committed

Question 38

An injunction may be granted where it is

Answer 38

just and convenient

Question 39

the 'American Cyanamid guidelines' dictate how

Answer 39

the court should exercise its discretion to grant an interim injunction

Question 40

Step 1 - American Cyanamid guidelines

Answer 40

is there a serious question to be tried?

Question 41

Step 2 - American Cyanamid guidelines

Answer 41

would damages be an adequate remedy for a party injured by the court’s grant of, or failure to grant, an injunction?

Question 42

Step 3 - American Cyanamid guidelines

Answer 42

where does the balance of convenience lie?

Question 43

The court might refuse to grant an injunction if the applicant has not come to court with

Answer 43

clean hands

Question 44

An application for an interim injunction must be supported by

Answer 44

written evidence setting out the facts to justify the relief sought

Question 45

A court will often decide to grant an interim injunction only if the applicant offers

Answer 45

a cross-undertaking to pay damages to the respondent for any loss sustained by reason of the injunction if it is subsequently held that the applicant ought not to have been granted an interim injunction

Question 46

Can an application for an interim injunction be made without notice?

Answer 46

Yes

Question 47

A without notice application for an interim injunction can be justified only if

Answer 47

- There is exceptional urgency - If it is the best way to further the overriding objective - All parties consent - The court gives permission - A court order, rule or PD permits or; - A date for hearing has been fixed, a party wishes to make an application at that hearing and the party does not have sufficient time to serve an application notice

Question 48

If the application is made without notice and the injunction is granted, it will be granted initially for

Answer 48

a limited period only and the court will fix a second hearing: the 'return date'

Question 49

For any without notice application, the applicant must make

Answer 49

full and frank disclosure of all matters of fact or law relevant to the application – including those which are or may be adverse to the applicant.

Question 50

The applicant’s legal representatives must prepare a full note of the hearing

Answer 50

ASAP, which should be served on the respondent (and any other party affected by the order) without delay

Question 51

In cases of exceptional urgency, a party can apply for an interim injunction

Answer 51

before a claim form has even been issued

Question 52

The court will only grant an interim remedy before a claim has been issued if the matter is

Answer 52

a) urgent; or b) It is otherwise desirable to do so in the interests of justice

Question 53

interim prohibitory injunction

Answer 53

an order preventing a party from doing a stated act pending determination of the dispute at trial