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Civil Litigation > Interim Applications > Flashcards

Flashcards in Interim Applications Deck (28)
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1
Q

Where should an interim application be made

A

the court or CC hearing centre where the claim was started

2
Q

what is an application notice

A

where the applicant states intention to seek order

3
Q

under what circumstances may a court deal with an interim application without a hearing

A
  • the parties agree to terms of the order sought
  • the parties agree that the court should dispose of the application without a hearing
    OR
  • the court does not consider that a hearing would be appropriate
4
Q

what are the three types of interim applications

A

summary judgement
interim payment of damages
security for costs

5
Q

How to apply for a summary judgement (interim order)

A

CPR Part 24

N244 stating grounds, witness statements (what they want and why) and draft order

6
Q

Who may apply for a summary judgement

A

Either party may apply

7
Q

What may an application for a summary judgement be based on

A

point of law
evidence expected to be presented at trial
both

8
Q

When can C apply for a summary judgement

A

Not until D files A of S or defense unless court gives permission

9
Q

How much notice should a respondent have of a summary judgement hearing

A

14 days

10
Q

When should the respondent of a summary judgement hearing file their evidence by?

A

file 7 days before hearing

11
Q

When should the applicant of a summary judgement hearing file their evidence by?

A

file 3 days before hearing

12
Q

What must the application for a summary judgement identify

A

the evidence relied on or law relied on

that the respondent has no real prospect of defending or succeeding claim

13
Q

what may a court order if a summary judgement application is successful

A

judgement of claim (only if C is applicant)
Dismiss application
conditional order
strike claim out

14
Q

What costs are recoverable from a summary judgement hearing

A

If D is successful the cost of the hearing
If C is successful then £175 if claim is worth £25-5K or £210 if claim is worth more than £5k.
For unspecified sum award cost of application and set disposal hearing for costs

15
Q

When can C apply for an order for interim payment of damages

A

Not until Ds deadline for A of S

16
Q

When should an application notice be served for an interim payment of damages hearing

A

14 days before hearing

17
Q

What must the court take into account when making an interim payment of damages

A
  • contributory negligence

- any set off or counter claims

18
Q

When must the respondent file evidence for an interim payment of damages hearing

A

written evidence

served on all parties 7 days before hearing

19
Q

When must the applicant file evidence for an interim payment of damages hearing

A

written evidence
3 days before hearing
serve copy on respondent

20
Q

what evidence must support an application for interim payment of damages

A

evidence of:
sum of money sought and in respect of what items
sum of money for which final judgement is likely to be given (can only award a reasonable portion of this)
why conditions in rule 25.7 are satisfied

21
Q

What are the conditions in rule 25.7 regarding an interim payment of damages

A

grounds on which a court may make an order for interim payment of damages:

  • D has admitted liability
  • C has obtained a judgement against D
  • if claim went to trial, C would obtain judgement for a substantial amount of money against D
22
Q

Who can apply for an interim security for costs order

A

Only the defendant

23
Q

What must an application for security for costs be supported with

A

written evidence

24
Q

How can security for damages be held

A

payment held by court or solicitor
charge over property
guarantee from bank
undertaking

Court will determine amount of security, date by which C must provide it and form it must take

25
Q

Can a security for costs order be made even if there has been an offer to settle

A

any admission or offer of settlement under part 36 will undermine an application for security for costs.
D must have a good chance of winning

26
Q

What happens if security for costs is ordered but C does not pay be deadline

A

claim is struck out and D can apply for a judgement to be entered with costs assessed

27
Q

Will the court make a security for costs order if C has property in the jurisdiction against which an order could be enforced

A

less likely

28
Q

When will a court make an order for security for costs

A

it is just AND C is out of jurisdiction, C is company OR C changed address since litigation started OR enactment permits court to make order.

D will need to justify amount sought an establish grounds exist.