INTERIM APPLICATIONS EXAM QUESTIONS WITH CORRECT ANSWERS |LATEST UPDATE 100%
SOLVED| GRADED A+
Dismissal of the claim Where the defendant has brought the application against the
claimant
Dismissal of the application Where the applicant fails to meet the two stage test set out in
Part 24
Conditional order Where the court orders that the claim can continue but subject to a
particular condition being met
Costs order Either one of four costs orders:
- One party pays the other party's costs of the application- usually the losing party
- That costs be in the case- decisions on costs is deferred to a later date
- No order as to costs- each party will pay their own costs of the application
- Wasted costs order- legal representatives have to pay the costs due to their own poor levels
of conduct
Applicant permission for summary judgement Court does not need to give the applicant
permission to make an application for summary judgement unless it is being made by the
claimant prior to the defendant filing an acknowledgement of service and defence
Purpose of an interim payment Amount paid by a defendant to a claimant 'on account'
before the court has made its final decision at trial- typically happens where the defendant
admits liability for the claim
How are interim payments made? Voluntary basis by agreement between the claimant and
defendant
, Grounds for an interim application to be successful Claimant must prove one of the grounds:
- Defendant has admitted liability to pay damages or some other sum of money to the claimant
- Claimant has obtained judgement against that defendant for damages to be assessed or for a
sum of money to be assessed
- Court is satisfied that if the claim went to trial, the claimant would obtain judgement for a
substantial amount of money against the defendant
Procedure for making an interim payment - Applicant prepares and files an application
notice (form N244) requesting an order for an interim payment with an accompanying witness
statement
- Respondent must then be given at least 14 days notice of the hearing date and is required to
serve any written evidence at least 7 days before the hearing
- Applicant can then file and serve any further written evidence no later than 3 days before the
hearing
Interim Injunction An order that requires a party to either do something specific or refrain
from doing something specific pending a full trial taking place
Guidelines applied by the court when deciding to grant an application for an interim injunction
- Is there a serious issue to be tried?
- Would damages be an adequate remedy?
- Where does the balance of convenience lie?
- Are there any other special factors?
Interim application with notice- injunctions If the court awards the injunction, then the
injunction will last until trial
Interim application without notice- injunctions The court will either:
- Grant the injunction temporarily but list the matter for a full hearing with both parties present
SOLVED| GRADED A+
Dismissal of the claim Where the defendant has brought the application against the
claimant
Dismissal of the application Where the applicant fails to meet the two stage test set out in
Part 24
Conditional order Where the court orders that the claim can continue but subject to a
particular condition being met
Costs order Either one of four costs orders:
- One party pays the other party's costs of the application- usually the losing party
- That costs be in the case- decisions on costs is deferred to a later date
- No order as to costs- each party will pay their own costs of the application
- Wasted costs order- legal representatives have to pay the costs due to their own poor levels
of conduct
Applicant permission for summary judgement Court does not need to give the applicant
permission to make an application for summary judgement unless it is being made by the
claimant prior to the defendant filing an acknowledgement of service and defence
Purpose of an interim payment Amount paid by a defendant to a claimant 'on account'
before the court has made its final decision at trial- typically happens where the defendant
admits liability for the claim
How are interim payments made? Voluntary basis by agreement between the claimant and
defendant
, Grounds for an interim application to be successful Claimant must prove one of the grounds:
- Defendant has admitted liability to pay damages or some other sum of money to the claimant
- Claimant has obtained judgement against that defendant for damages to be assessed or for a
sum of money to be assessed
- Court is satisfied that if the claim went to trial, the claimant would obtain judgement for a
substantial amount of money against the defendant
Procedure for making an interim payment - Applicant prepares and files an application
notice (form N244) requesting an order for an interim payment with an accompanying witness
statement
- Respondent must then be given at least 14 days notice of the hearing date and is required to
serve any written evidence at least 7 days before the hearing
- Applicant can then file and serve any further written evidence no later than 3 days before the
hearing
Interim Injunction An order that requires a party to either do something specific or refrain
from doing something specific pending a full trial taking place
Guidelines applied by the court when deciding to grant an application for an interim injunction
- Is there a serious issue to be tried?
- Would damages be an adequate remedy?
- Where does the balance of convenience lie?
- Are there any other special factors?
Interim application with notice- injunctions If the court awards the injunction, then the
injunction will last until trial
Interim application without notice- injunctions The court will either:
- Grant the injunction temporarily but list the matter for a full hearing with both parties present
