Interim Applications/remedies
[[NB, TIME: when you are calculating periods less than 5 days, you do not count:
weekends, the day on which the period beings, and the day on which the hearing takes
place rule 2.8]] eg, if notice of an application must be served at 3 days before the
hearing, if the hearing is to be Friday 20 October, the last date for service is Monday 16
October. If hearing date is a Tuesday, last date for DEEMED service is previous
Wednesday]].
BUT if the period is over 5 days, you don’t include day the period started or the day of the
hearing itself; BUT you do count weekends/bank holidays.
Interim Applications, Part 23
CPR 23 (1-12), General rules about applications for court orders
R23.1, Meaning of “application notice” and “respondent”
In this Part:
“application notice” means a document in which the applicant states his intention
to seek a court order; and
“respondent” means
o (a) the person against whom the order is sought; and
o (b) such other person as the court may direct.
23.2, Where to make an application
(1) General rule: an application must be made to the court or County Court hearing
centre where the claim was started.
(2) if a claim has been transferred to another court/another County Court hearing
centre since it was started an application must be made where the claim has
been transferred or sent, unless there is good reason to make application to a
different court.
(3) if the parties have been notified of a fixed date for trial an application must
be made to the court where the trial is to take place.
(4) subject to (4A), if an application is made before a claim is started the
application must be made to the court where it is likely the claim to which the
application relates will be started, unless there is good reason to make the
application to a different court.
o This is subject to (4A): an application made in the County Court before a
claim has been started may be made at any County Court hearing centre,
unless any enactment/rule/PD provides otherwise.
PD23A, para 5: all applications made before a claim is commenced should be
made under Part 23 CPR.
, (5) if an application is made after proceedings to enforce judgment have begun: it
must be made to the court/County Court hearing centre which is dealing with the
enforcement of the judgment unless any enactment/Rule/PD provides otherwise.
WHEN to make an application:
PD23A para 2: Every application should be made: as soon as it becomes apparent
that it is necessary or desirable to make it.
PD23, para 5, Pre-Action applications
PD23A, para 5: all applications made before a claim is commenced should be
made under Part 23 CPR.
23.3, Application notice to be filed
(1) General rule: an applicant must file an application notice
o (should also file any supporting evidence with the court, see PD23A)
(2) an applicant may make an application without filing an application notice IF:
o (a) this is permitted by a rule or PD; OR
o (b) the court dispenses with the requirement for an application notice.
23.4, Notice of an application (service of application notice)
(1) the general rule is that a copy of the application notice must be served on each
respondent.
(2) an application may be made without serving a copy of the application notice IF
permitted by [[see PD 23a para 3 below, for where application made be made
without serving notice]]:
o (a) a rule;
o (b) a PD; or
o (c) a court order.
(r23.7 deals with service of a copy of the application notice)
PD 23A, para 4.2: where an application notice should be served but there is not
sufficient time to do so informal notification of the application should be given
(unless the circumstances of the application require secrecy)
23.5, Time when an application is made
Where an application must be made within a specified time, it is so made if the
application notice is received by the court within that time.
[[i.e. the application is ‘made’, for the purpose of any time limit, when the notice is
received by the court]]
23.6, What an application notice must include
An application notice must state:
o (a) what order the applicant is seeking; and
o (b) briefly, why the applicant is seeking the order.
Part 22: an application notice must be verified by a statement of truth IF applicant
wishes to rely on matters set out in his application notice as evidence.
PD 23A, para 2.1, An application notice must also:
, (1) be signed
(2) Include:
o (a) the title of the claim,
o (b) the reference number of the claim;
o (c) the full name of the applicant;
o (d) where the applicant is not already a party, his address for service
including postcode
o (e) EITHER a request for a hearing, OR a request that the application be dealt
with without a hearing.
(Practice Form N244 may be used).
NB, supporting written evidence should also be filed with the court (see PD23A,
para 9).
NB, see below, when the application notice is served, it should be accompanied by:
o (a) any supporting evidence;
o (b a copy of any draft order the applicant has attached to his application.
PD 23A, paras 2, application notices
Every application should be made: as soon as it becomes apparent that it is
necessary or desirable to make it.
Wherever possible, applications should be made so that they can be considered at
any other hearing for which a date has already been fixed or for which a date is
about to be fixed.
o Particularly in relation to : case management conferences, allocation and
listing hearings, and pre-trial reviews fixed by the court.
The parties must anticipate that at any hearing the court may wish to review the
conduct of the case as a whole and give any necessary case management directions.
They should be ready to assist the court in doing so and answer questions court may
ask for this purpose.
2.10: Where a date for a hearing has been fixed, and a party wishes to make an
application at that hearing but does not have sufficient time to serve an application
notice
o he should inform the other party and the court (if possible in writing) as
soon as poss of the nature of the application, and reason for it.
o he should then make the application orally at the hearing
PD 23A, para 2: How court should respond to application notice (my own heading)
On receipt of an application notice containing a request for a hearing court will
notify the applicant of the time & date for the hearing.
On receipt of an application notice containing a request that the application be dealt
with without a hearing the application notice will be sent to the Master or
District Judge so that he may decide whether the application is suitable for
consideration without a hearing.
o Where the Master/District Judge agrees that is suitable for consideration
without a hearing court will so inform the application and respondent
and may give directions for filing of evidence
(see below, r23.9-10, a party can apply for an order made without a
hearing to be set aside/varied).
[[NB, TIME: when you are calculating periods less than 5 days, you do not count:
weekends, the day on which the period beings, and the day on which the hearing takes
place rule 2.8]] eg, if notice of an application must be served at 3 days before the
hearing, if the hearing is to be Friday 20 October, the last date for service is Monday 16
October. If hearing date is a Tuesday, last date for DEEMED service is previous
Wednesday]].
BUT if the period is over 5 days, you don’t include day the period started or the day of the
hearing itself; BUT you do count weekends/bank holidays.
Interim Applications, Part 23
CPR 23 (1-12), General rules about applications for court orders
R23.1, Meaning of “application notice” and “respondent”
In this Part:
“application notice” means a document in which the applicant states his intention
to seek a court order; and
“respondent” means
o (a) the person against whom the order is sought; and
o (b) such other person as the court may direct.
23.2, Where to make an application
(1) General rule: an application must be made to the court or County Court hearing
centre where the claim was started.
(2) if a claim has been transferred to another court/another County Court hearing
centre since it was started an application must be made where the claim has
been transferred or sent, unless there is good reason to make application to a
different court.
(3) if the parties have been notified of a fixed date for trial an application must
be made to the court where the trial is to take place.
(4) subject to (4A), if an application is made before a claim is started the
application must be made to the court where it is likely the claim to which the
application relates will be started, unless there is good reason to make the
application to a different court.
o This is subject to (4A): an application made in the County Court before a
claim has been started may be made at any County Court hearing centre,
unless any enactment/rule/PD provides otherwise.
PD23A, para 5: all applications made before a claim is commenced should be
made under Part 23 CPR.
, (5) if an application is made after proceedings to enforce judgment have begun: it
must be made to the court/County Court hearing centre which is dealing with the
enforcement of the judgment unless any enactment/Rule/PD provides otherwise.
WHEN to make an application:
PD23A para 2: Every application should be made: as soon as it becomes apparent
that it is necessary or desirable to make it.
PD23, para 5, Pre-Action applications
PD23A, para 5: all applications made before a claim is commenced should be
made under Part 23 CPR.
23.3, Application notice to be filed
(1) General rule: an applicant must file an application notice
o (should also file any supporting evidence with the court, see PD23A)
(2) an applicant may make an application without filing an application notice IF:
o (a) this is permitted by a rule or PD; OR
o (b) the court dispenses with the requirement for an application notice.
23.4, Notice of an application (service of application notice)
(1) the general rule is that a copy of the application notice must be served on each
respondent.
(2) an application may be made without serving a copy of the application notice IF
permitted by [[see PD 23a para 3 below, for where application made be made
without serving notice]]:
o (a) a rule;
o (b) a PD; or
o (c) a court order.
(r23.7 deals with service of a copy of the application notice)
PD 23A, para 4.2: where an application notice should be served but there is not
sufficient time to do so informal notification of the application should be given
(unless the circumstances of the application require secrecy)
23.5, Time when an application is made
Where an application must be made within a specified time, it is so made if the
application notice is received by the court within that time.
[[i.e. the application is ‘made’, for the purpose of any time limit, when the notice is
received by the court]]
23.6, What an application notice must include
An application notice must state:
o (a) what order the applicant is seeking; and
o (b) briefly, why the applicant is seeking the order.
Part 22: an application notice must be verified by a statement of truth IF applicant
wishes to rely on matters set out in his application notice as evidence.
PD 23A, para 2.1, An application notice must also:
, (1) be signed
(2) Include:
o (a) the title of the claim,
o (b) the reference number of the claim;
o (c) the full name of the applicant;
o (d) where the applicant is not already a party, his address for service
including postcode
o (e) EITHER a request for a hearing, OR a request that the application be dealt
with without a hearing.
(Practice Form N244 may be used).
NB, supporting written evidence should also be filed with the court (see PD23A,
para 9).
NB, see below, when the application notice is served, it should be accompanied by:
o (a) any supporting evidence;
o (b a copy of any draft order the applicant has attached to his application.
PD 23A, paras 2, application notices
Every application should be made: as soon as it becomes apparent that it is
necessary or desirable to make it.
Wherever possible, applications should be made so that they can be considered at
any other hearing for which a date has already been fixed or for which a date is
about to be fixed.
o Particularly in relation to : case management conferences, allocation and
listing hearings, and pre-trial reviews fixed by the court.
The parties must anticipate that at any hearing the court may wish to review the
conduct of the case as a whole and give any necessary case management directions.
They should be ready to assist the court in doing so and answer questions court may
ask for this purpose.
2.10: Where a date for a hearing has been fixed, and a party wishes to make an
application at that hearing but does not have sufficient time to serve an application
notice
o he should inform the other party and the court (if possible in writing) as
soon as poss of the nature of the application, and reason for it.
o he should then make the application orally at the hearing
PD 23A, para 2: How court should respond to application notice (my own heading)
On receipt of an application notice containing a request for a hearing court will
notify the applicant of the time & date for the hearing.
On receipt of an application notice containing a request that the application be dealt
with without a hearing the application notice will be sent to the Master or
District Judge so that he may decide whether the application is suitable for
consideration without a hearing.
o Where the Master/District Judge agrees that is suitable for consideration
without a hearing court will so inform the application and respondent
and may give directions for filing of evidence
(see below, r23.9-10, a party can apply for an order made without a
hearing to be set aside/varied).
