Syllabus 13 Interim Applications
With notice/without notice applications
Documentation required
Periods of notice in applications
Duty of full and frank disclosure in w/o notice applications.
CPR: Part 23
23.1:
APPLICATION NOTICE= document in which the A states his intention to seek a court order.
RESPONDENT = the person against whom the order is sought and such other person as the
court may direct.
23.2 Where to make an application
The general rule is that an application must be made to the court or CCHC where the claim
was started. If a claim was transferred to another court/CCHC, application must be made to
where claim was transferred, unless there is good reason to make the application to a
different court. If the parties have been notified of a fixed date for the trial, an application
must be made to the court where the trial is to take place.
If an application is made before a claim has been started, it must be made to the court
where it is likely that the claim to which the application relates will be started unless there
is good reason to make the application to a different court. This is subject to (4A) an
application made in the CC before a claim has been started, may be made at any CCHC,
unless any enactment, rule or PD provides otherwise.
If an application is made after proceedings to enforce judgment have begun, it must be
made to the court or CCHC which is dealing with the enforcement of the judgment unless
any enactment, rule or PD provides otherwise.
23.3 Application notice to be filed
The general rule is that an applicant must file an application notice. An applicant may make
an application w/o filing an application notice if- permitted by a rule or PD or the court
dispenses with the requirement for an application notice.
23.4 Notice of an application
The general rule is that a copy of the application notice must be served on each
respondent. An application may be made w/o serving a copy of the application notice if this
is permitted by— a rule, PD, or court order.
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.
23.6 What an application notice must include
An application notice must state— what order the applicant is seeking and briefly, why the
applicant is seeking the order. An application notice need be verified by a statement of truth
if the applicant wishes to rely on matters set out in it as evidence.
, Syllabus 13 Interim Applications
23.7 Service of a copy of an application notice
A copy of the application notice must be served as soon as practicable after it is filed and
except where another time limit is specified in these Rules or a PD must in any event be
served at least 3 days before the court is to deal with the application.
When a copy of an application notice is served it must be accompanied by a copy of any
written evidence in support and any draft order which the applicant has attached to his
application. If a copy of the application notice is to be served by the court, the applicant
must, when he files the application notice, file a copy of any written evidence in support.
If an application notice is served but the period of notice is shorter than the period required
by these Rules or a PD the court may direct that, in the circumstances of the case, sufficient
notice has been given, and hear the application.
This rule does not require written evidence to be filed if it has already been filed; or
to be served on a party on whom it has already been served.
23.8 Applications which may be dealt with without a hearing
The court may deal with an application w/o a hearing if the parties agree as to the terms of
the order sought, that the court should dispose of the application w/o a hearing or the
court does not consider that a hearing would be appropriate.
23.9 Service of application where application made without notice
** applies where the court has disposed of an application it permitted to be made w/o
service of a copy of the application notice**
Where the court makes an order (whether granting or dismissing the application) a copy of
the application notice and any evidence in support must, unless the court orders otherwise,
be served with the order on any party or other person against whom the order was made
and whom the order was sought. The order must contain a statement of the right to make
an application to set aside or vary the order under rule 23.10.
23.10 Application to set aside or vary order made without notice
A person not served with a copy of the application notice before an order was made under
rule 23.9, may apply to have the order set aside or varied. Application must be made within
7 days after the date on which the order was served on the person making the application.
23.11 Power of the court to proceed in the absence of a party
Where the applicant or any respondent fails to attend the hearing of an application, the
court may proceed in his absence. Where at such hearing where the A/R failed to attend and
the court makes an order at the hearing, the court may, on application or of its own
initiative, re-list the application.
23.12 Dismissal of totally without merit applications
If the court dismisses an application (including an application for permission to appeal or to
apply for judicial review) and it considers that the application is totally without merit—the
With notice/without notice applications
Documentation required
Periods of notice in applications
Duty of full and frank disclosure in w/o notice applications.
CPR: Part 23
23.1:
APPLICATION NOTICE= document in which the A states his intention to seek a court order.
RESPONDENT = the person against whom the order is sought and such other person as the
court may direct.
23.2 Where to make an application
The general rule is that an application must be made to the court or CCHC where the claim
was started. If a claim was transferred to another court/CCHC, application must be made to
where claim was transferred, unless there is good reason to make the application to a
different court. If the parties have been notified of a fixed date for the trial, an application
must be made to the court where the trial is to take place.
If an application is made before a claim has been started, it must be made to the court
where it is likely that the claim to which the application relates will be started unless there
is good reason to make the application to a different court. This is subject to (4A) an
application made in the CC before a claim has been started, may be made at any CCHC,
unless any enactment, rule or PD provides otherwise.
If an application is made after proceedings to enforce judgment have begun, it must be
made to the court or CCHC which is dealing with the enforcement of the judgment unless
any enactment, rule or PD provides otherwise.
23.3 Application notice to be filed
The general rule is that an applicant must file an application notice. An applicant may make
an application w/o filing an application notice if- permitted by a rule or PD or the court
dispenses with the requirement for an application notice.
23.4 Notice of an application
The general rule is that a copy of the application notice must be served on each
respondent. An application may be made w/o serving a copy of the application notice if this
is permitted by— a rule, PD, or court order.
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.
23.6 What an application notice must include
An application notice must state— what order the applicant is seeking and briefly, why the
applicant is seeking the order. An application notice need be verified by a statement of truth
if the applicant wishes to rely on matters set out in it as evidence.
, Syllabus 13 Interim Applications
23.7 Service of a copy of an application notice
A copy of the application notice must be served as soon as practicable after it is filed and
except where another time limit is specified in these Rules or a PD must in any event be
served at least 3 days before the court is to deal with the application.
When a copy of an application notice is served it must be accompanied by a copy of any
written evidence in support and any draft order which the applicant has attached to his
application. If a copy of the application notice is to be served by the court, the applicant
must, when he files the application notice, file a copy of any written evidence in support.
If an application notice is served but the period of notice is shorter than the period required
by these Rules or a PD the court may direct that, in the circumstances of the case, sufficient
notice has been given, and hear the application.
This rule does not require written evidence to be filed if it has already been filed; or
to be served on a party on whom it has already been served.
23.8 Applications which may be dealt with without a hearing
The court may deal with an application w/o a hearing if the parties agree as to the terms of
the order sought, that the court should dispose of the application w/o a hearing or the
court does not consider that a hearing would be appropriate.
23.9 Service of application where application made without notice
** applies where the court has disposed of an application it permitted to be made w/o
service of a copy of the application notice**
Where the court makes an order (whether granting or dismissing the application) a copy of
the application notice and any evidence in support must, unless the court orders otherwise,
be served with the order on any party or other person against whom the order was made
and whom the order was sought. The order must contain a statement of the right to make
an application to set aside or vary the order under rule 23.10.
23.10 Application to set aside or vary order made without notice
A person not served with a copy of the application notice before an order was made under
rule 23.9, may apply to have the order set aside or varied. Application must be made within
7 days after the date on which the order was served on the person making the application.
23.11 Power of the court to proceed in the absence of a party
Where the applicant or any respondent fails to attend the hearing of an application, the
court may proceed in his absence. Where at such hearing where the A/R failed to attend and
the court makes an order at the hearing, the court may, on application or of its own
initiative, re-list the application.
23.12 Dismissal of totally without merit applications
If the court dismisses an application (including an application for permission to appeal or to
apply for judicial review) and it considers that the application is totally without merit—the
