INTERIM APPLICATION AND INTERIM INJUCTIONS
CPR 23
o CPR 23.1–12;
o CPR 25.1, 25.2 and 25.3.
• Practice Directions (PD):
o PD 23A paragraphs 2–5, 6.1-6.3,7
o PD 25A paragraphs 4 and 5.
commentary paragraphs 25.1.9-25.1.11; 25.1.14.1-25.1.14.2
• The commentary at paragraphs 25.3.2–25.3.8 of Volume 1 The
White
Book (WB) 2020.
The specific leading case authority: American Cyanamid Co v
Ethicon Ltd [1975] AC 396
D- is respondent (R) in this situation
C is applicant (A)
Application Notice (AN)
Procedure
Issue Claim form
Apply using the relevant application notice, a special interim
injunction application notice
Draft Order should be attached
Written evidence in support
Service must be effected as soon as practicable and in any event at
least 3 clear days before the hearing, unless there are grounds for
When should an interim application be made?
,In accordance with the overriding objective, parties should take a
reasonable approach to trying to agree matters to avoid the need for an
application to court, or to make such an application less contentious.
However, as soon as it becomes apparent that it is necessary or desirable
to make an application, the party should apply (23A PD 2.7).Some
applications could be dealt with at the same time as the case
management conference or, if closer to trial, at the pre-trial review.
Parties are under a specific obligation to ‘bunch’ their interim applications
(23A PD 2.8). If a hearing has been fixed for whatever reason, it is up to
the parties to issue any necessary applications to ensure that outstanding
matters get dealt with at a single hearing wherever possible.
Interim applications can be made by any party.
The party making the application, whether or not they are the claimant or
defendant in the proceedings, is called the applicant. The other party is
the respondent.
process of making an application begins by the applicant filing an
application notice (Form N244) at court.
The application notice states (CPR 23.6):-
- Who is making the application
- What order the applicant wants
- Why the applicant is asking for that order-
- What information the applicant relies on in support of the
application.
A court fee is payable to issue the application notice.
The application should be made to the court in which the main claim is
presently being dealt with or, in the case of pre-action applications, is
likely to be dealt with (CPR 23.2).
1) Interim applications –
Refers to ‘prior to substantive judgement’, it covers any application
heard before the trial date. - It seeks a specific remedy: summary
judgment, injunction, setting aside a default judgement.
2) Definition- Making an interim application
, - CPR 23.1
Application notice- document in which applicant states their
intention to seek a court order
PD 23A 2.1:
Signed and include:
Title of claim
Reference number of claim
Full name of applicant
Where A not already a party- address for service including
postcode
Either request for hearing or request application be dealt with
without a hearing
court will notify A of time and date for hearing and give
directions for filing of evidence
- CPR 23.2
Must be made to the court or County hearing centre where the claim
was started- if transferred – application must be made to court
which claim has been transferred to unless there is GOOD reason to
make application to a different court
If before claim has started- must be made where claim is likely to be
started at
- CPR 23.3
3)
Application must be filed by applicant – unless PD or rules states
otherwise or the court dispenses with the requirement-
circumstances where application can be made without serving
notice- court may permit for an oral application to be made without
having given notice to the other party
Groarke v Fontaine [2014] – d made an application at start of
trial of liability in a PI claim before County Court (CC) judge
pleading for a contributory negligence- it was dismissed by
the judge, but the appeal was allowed and High Court (HC)
commented that there was no need for the d’s application be
made in writing and supported by evidence
Another reason to dispense- “overriding objective is best
furthered by doing so”- e.g. dealing with many aspects of a
case as is practicable on the same occasion and hence
avoiding the need for several separate hearing.
CPR 23
o CPR 23.1–12;
o CPR 25.1, 25.2 and 25.3.
• Practice Directions (PD):
o PD 23A paragraphs 2–5, 6.1-6.3,7
o PD 25A paragraphs 4 and 5.
commentary paragraphs 25.1.9-25.1.11; 25.1.14.1-25.1.14.2
• The commentary at paragraphs 25.3.2–25.3.8 of Volume 1 The
White
Book (WB) 2020.
The specific leading case authority: American Cyanamid Co v
Ethicon Ltd [1975] AC 396
D- is respondent (R) in this situation
C is applicant (A)
Application Notice (AN)
Procedure
Issue Claim form
Apply using the relevant application notice, a special interim
injunction application notice
Draft Order should be attached
Written evidence in support
Service must be effected as soon as practicable and in any event at
least 3 clear days before the hearing, unless there are grounds for
When should an interim application be made?
,In accordance with the overriding objective, parties should take a
reasonable approach to trying to agree matters to avoid the need for an
application to court, or to make such an application less contentious.
However, as soon as it becomes apparent that it is necessary or desirable
to make an application, the party should apply (23A PD 2.7).Some
applications could be dealt with at the same time as the case
management conference or, if closer to trial, at the pre-trial review.
Parties are under a specific obligation to ‘bunch’ their interim applications
(23A PD 2.8). If a hearing has been fixed for whatever reason, it is up to
the parties to issue any necessary applications to ensure that outstanding
matters get dealt with at a single hearing wherever possible.
Interim applications can be made by any party.
The party making the application, whether or not they are the claimant or
defendant in the proceedings, is called the applicant. The other party is
the respondent.
process of making an application begins by the applicant filing an
application notice (Form N244) at court.
The application notice states (CPR 23.6):-
- Who is making the application
- What order the applicant wants
- Why the applicant is asking for that order-
- What information the applicant relies on in support of the
application.
A court fee is payable to issue the application notice.
The application should be made to the court in which the main claim is
presently being dealt with or, in the case of pre-action applications, is
likely to be dealt with (CPR 23.2).
1) Interim applications –
Refers to ‘prior to substantive judgement’, it covers any application
heard before the trial date. - It seeks a specific remedy: summary
judgment, injunction, setting aside a default judgement.
2) Definition- Making an interim application
, - CPR 23.1
Application notice- document in which applicant states their
intention to seek a court order
PD 23A 2.1:
Signed and include:
Title of claim
Reference number of claim
Full name of applicant
Where A not already a party- address for service including
postcode
Either request for hearing or request application be dealt with
without a hearing
court will notify A of time and date for hearing and give
directions for filing of evidence
- CPR 23.2
Must be made to the court or County hearing centre where the claim
was started- if transferred – application must be made to court
which claim has been transferred to unless there is GOOD reason to
make application to a different court
If before claim has started- must be made where claim is likely to be
started at
- CPR 23.3
3)
Application must be filed by applicant – unless PD or rules states
otherwise or the court dispenses with the requirement-
circumstances where application can be made without serving
notice- court may permit for an oral application to be made without
having given notice to the other party
Groarke v Fontaine [2014] – d made an application at start of
trial of liability in a PI claim before County Court (CC) judge
pleading for a contributory negligence- it was dismissed by
the judge, but the appeal was allowed and High Court (HC)
commented that there was no need for the d’s application be
made in writing and supported by evidence
Another reason to dispense- “overriding objective is best
furthered by doing so”- e.g. dealing with many aspects of a
case as is practicable on the same occasion and hence
avoiding the need for several separate hearing.
