Interim Applications-
PART 1
Interim application = orders/ directions made to the court between the commencement of proceedings
and trial
some ‘interim’ remedies can be applied for before the commencement of
proceedings.
All interim applications give rise to directors or interim orders
Interim order: an order made until the matter is heard at trial
Some situations where you may make an interim app:
Extending the time period for taking a particular step in the proceedings;
Applying to amend your statement of case or requiring the other party to
provide further clarification on its statement of case;
Specific disclosure of a document; and
Permission to rely on expert evidence.
We concentrate on three specific interim remedies– security for costs, summary
judgment and injunctions.
-
Method of applying -
Governed by CPR 23 & others specific to the type of application made
Application made to the court ‘with notice’ to the other party
Unless the order allows none is needed – 23.4(2)
Without notice applications-
Only one party goes to court – the other party is not heard.
Such applications can only be made if there are good reasons for not giving
notice.
o Evidence in support of the application must state why notice was not
given.
Rarely used as it is unfair
o Procedural safeguards are in place to address this e.g: duty of full
disclosure of relevant matters
Examples of without notice apps-
If matter is urgent – 23APD3(1)
Where notice would defeat the object of the order
o e.g.: injunction or search
Where the other party is not on the court record yet (I.e.: proceedings not
served on defendant yet)
, Insufficient time to provide formal notice as a hearing date has already been
fixed - 23APD2.10
After a without notice hearing, the respondent will receive a copy of the order.
The applicant must also serve the respondent with the application notice and
evidence - 23.9 - which must contain a statement of their right to apply to the
court to have the order set aside - 23.10
-
With notice applications-
Application to the court where the other party is informed of the application before
the formal hearing
Both parties attend & give evidence in written form
Normally in public – unless private is necc to secure the proper administration
of justice and if one or more of certain factors are present – 39.2(3).
o The court decides whether if it’s in the interests of justice for the
hearing to be held in private.
-
On the court’s own initiative -
Court can make interim orders on their initiative under case management – 3
May do this without a hearing, for matters such as setting a timetable for the trial of
a case.
Where an order is made without a hearing, it must contain a notice stating an
application may be made by either party to have the order set aside.
In other cases, parties are invited to a hearing to argue why an order should/(not)
be made
-
Telephone hearing & video conference -
In accordance with the overriding objective, the court may order that a hearing
should take place by telephone or by video conference. - 23A PD 6 and 7.
-
Procedure for making an application, w/ notice-
When to make an interim application?
As soon as it becomes apparent that it is necessary or desirable to make the
application you should apply - 23A PD 2.7
+ Overriding objective & the need to deal with cases expeditiously
, Most applications should be dealt with at CMC or Pre-trial review (where close to
trial)
If asking for an unusual order, an application notice should be issued and
served but returnable on the date of the CMC.
Obligations to ‘bunch’ interim applications – 23APD2.8
If there is insufficient time, oral applications can be made - 23A PD 2.10
Where to apply?-
To the court where the main case is being dealt with
2.7- Court can deal with cases at any place the court considers appropriate.
o Hence, possible for applications to be heard in a neighbouring court, if
the court in which the claim is being dealt with is very congested, or
suffering long delays but this is quite rare.
-
How to apply -
Notice is prepared and issued at court – stating intention to seek a court order
Form – N244 + fee
23.6 - An application notice must state what order the applicant is seeking & why
23A PD 2.1 sets out various other requirements which are necessary.
-
Supporting evidence-
Applications must have written evidence justifying the relief sought, unless
otherwise ordered by the court – 25.3(2)
Any fact that needs to be proved at any hearing (other than trial) should be proved
by a witness’ written evidence - 32.2(1)(b)
Even in cases where evidence is not strictly required, it is advisable to provide
evidence - 23A PD 9.1
Evidence must be filed at court and served on the other party with the application
notice.
Form of evidence; can be given in 3 ways-
In Part C of the application
PART 1
Interim application = orders/ directions made to the court between the commencement of proceedings
and trial
some ‘interim’ remedies can be applied for before the commencement of
proceedings.
All interim applications give rise to directors or interim orders
Interim order: an order made until the matter is heard at trial
Some situations where you may make an interim app:
Extending the time period for taking a particular step in the proceedings;
Applying to amend your statement of case or requiring the other party to
provide further clarification on its statement of case;
Specific disclosure of a document; and
Permission to rely on expert evidence.
We concentrate on three specific interim remedies– security for costs, summary
judgment and injunctions.
-
Method of applying -
Governed by CPR 23 & others specific to the type of application made
Application made to the court ‘with notice’ to the other party
Unless the order allows none is needed – 23.4(2)
Without notice applications-
Only one party goes to court – the other party is not heard.
Such applications can only be made if there are good reasons for not giving
notice.
o Evidence in support of the application must state why notice was not
given.
Rarely used as it is unfair
o Procedural safeguards are in place to address this e.g: duty of full
disclosure of relevant matters
Examples of without notice apps-
If matter is urgent – 23APD3(1)
Where notice would defeat the object of the order
o e.g.: injunction or search
Where the other party is not on the court record yet (I.e.: proceedings not
served on defendant yet)
, Insufficient time to provide formal notice as a hearing date has already been
fixed - 23APD2.10
After a without notice hearing, the respondent will receive a copy of the order.
The applicant must also serve the respondent with the application notice and
evidence - 23.9 - which must contain a statement of their right to apply to the
court to have the order set aside - 23.10
-
With notice applications-
Application to the court where the other party is informed of the application before
the formal hearing
Both parties attend & give evidence in written form
Normally in public – unless private is necc to secure the proper administration
of justice and if one or more of certain factors are present – 39.2(3).
o The court decides whether if it’s in the interests of justice for the
hearing to be held in private.
-
On the court’s own initiative -
Court can make interim orders on their initiative under case management – 3
May do this without a hearing, for matters such as setting a timetable for the trial of
a case.
Where an order is made without a hearing, it must contain a notice stating an
application may be made by either party to have the order set aside.
In other cases, parties are invited to a hearing to argue why an order should/(not)
be made
-
Telephone hearing & video conference -
In accordance with the overriding objective, the court may order that a hearing
should take place by telephone or by video conference. - 23A PD 6 and 7.
-
Procedure for making an application, w/ notice-
When to make an interim application?
As soon as it becomes apparent that it is necessary or desirable to make the
application you should apply - 23A PD 2.7
+ Overriding objective & the need to deal with cases expeditiously
, Most applications should be dealt with at CMC or Pre-trial review (where close to
trial)
If asking for an unusual order, an application notice should be issued and
served but returnable on the date of the CMC.
Obligations to ‘bunch’ interim applications – 23APD2.8
If there is insufficient time, oral applications can be made - 23A PD 2.10
Where to apply?-
To the court where the main case is being dealt with
2.7- Court can deal with cases at any place the court considers appropriate.
o Hence, possible for applications to be heard in a neighbouring court, if
the court in which the claim is being dealt with is very congested, or
suffering long delays but this is quite rare.
-
How to apply -
Notice is prepared and issued at court – stating intention to seek a court order
Form – N244 + fee
23.6 - An application notice must state what order the applicant is seeking & why
23A PD 2.1 sets out various other requirements which are necessary.
-
Supporting evidence-
Applications must have written evidence justifying the relief sought, unless
otherwise ordered by the court – 25.3(2)
Any fact that needs to be proved at any hearing (other than trial) should be proved
by a witness’ written evidence - 32.2(1)(b)
Even in cases where evidence is not strictly required, it is advisable to provide
evidence - 23A PD 9.1
Evidence must be filed at court and served on the other party with the application
notice.
Form of evidence; can be given in 3 ways-
In Part C of the application
