Interim Applications Exam 4 Study
Questions With 100% Verified
Answers.
What happens after the application is filed? - ✔✔The court issues the application
and provides a notice indicating the date and time of the hearing.
What documents must be served on the respondent after the application is issued? -
✔✔The application notice
The notice from the court indicating date and time of the hearing
Evidence
Draft order (CPR 23.7)
Who serves the application notice? - ✔✔The court may serve it, but usually the
applicant's solicitor does for certainty and control.
When must service be completed? - ✔✔As soon as practicable after filing, and not less
than three clear days before the hearing (CPR 23.7).
How can the respondent provide evidence in response? - ✔✔In a witness statement or
affidavit (if required), filed and served as soon as possible (23A PD 7.2) and in line with any
timing directions from the court.
Can the applicant submit reply evidence? - ✔✔Yes - reply evidence must be filed and
served as soon as possible (23A PD 7.3) and in accordance with court directions.
What is the requirement regarding statements of costs? - ✔✔A statement of costs must
be filed and exchanged not less than 24 hours before the hearing (44 PD 9.5).
How are most interim applications dealt with? - ✔✔Most are dealt with at a hearing.
,Can a hearing take place remotely? - ✔✔Yes - in line with the overriding objective, the
court may order remote or partially remote hearings (23A PD 6), especially if lasting 2 hours or
less.
When can an interim application be dealt with without a hearing under CPR 23.8? - ✔✔If the
parties have agreed the terms of the order (by submitting a consent order)
If the parties agree there should be no hearing
If the court decides no hearing is necessary
What happens after the hearing? - ✔✔The court will make its decision, and the order will
be drawn up, sealed, and served by the court.
What is a 'without notice' application? - ✔✔An application where the respondent is not
served with the application notice and does not attend the hearing.
When is a 'without notice' application permitted under 23A PD 3? - ✔✔There is exceptional
urgency (e.g. immediate remedy needed)
The overriding objective is best furthered
All parties consent
The court gives permission
A court order, rule or PD permits
A date for a hearing has been fixed, and there is insufficient time to serve the notice - in which
case, the party should still inform the other side and court as soon as possible, preferably in
writing
What safeguards exist for without notice hearings? - ✔✔The application must explain why
no notice is given
The applicant must draw the court's attention to arguments and
evidence supporting the (absent) respondent's position
, After the hearing, the applicant must serve the respondent with:
- The application notice
- The evidence in support
- The order
The court order must contain a statement of the respondent's right to apply to set aside or
vary the order.
What is the deadline to apply to set aside a without notice order under CPR 23.10? - ✔✔The
application to set aside must be made within 7 days of the order being served on the respondent.
What is the purpose of summary judgment according to CPR 24.1? - ✔✔The purpose of
summary judgment is to enable the court to dispose of claims or issues without the need for a
full trial.
What happens if summary judgment is granted on an issue? - ✔✔If summary judgment
is granted on an issue, that issue is no longer considered at trial.
How does summary judgment save costs and further the overriding objective? - ✔✔It
saves costs and allows the court to deal with weak cases or issues proportionately and
expeditiously.
Who can apply for summary judgment? - ✔✔Either party can apply for summary judgment
if it considers that the other party's position in relation to the claim or particular issues is
sufficiently weak.
What is the difference between summary judgment and strike out? - ✔✔The court can
strike out the whole or part of a statement of case which:
- Discloses no reasonable grounds for bringing or defending a claim (CPR 3.4(2)(a)); or
- Is an abuse of the process of the court or otherwise likely to obstruct the just disposal of
the proceedings (CPR 3.4(2)(b)) - there are also other grounds for strike out.
Questions With 100% Verified
Answers.
What happens after the application is filed? - ✔✔The court issues the application
and provides a notice indicating the date and time of the hearing.
What documents must be served on the respondent after the application is issued? -
✔✔The application notice
The notice from the court indicating date and time of the hearing
Evidence
Draft order (CPR 23.7)
Who serves the application notice? - ✔✔The court may serve it, but usually the
applicant's solicitor does for certainty and control.
When must service be completed? - ✔✔As soon as practicable after filing, and not less
than three clear days before the hearing (CPR 23.7).
How can the respondent provide evidence in response? - ✔✔In a witness statement or
affidavit (if required), filed and served as soon as possible (23A PD 7.2) and in line with any
timing directions from the court.
Can the applicant submit reply evidence? - ✔✔Yes - reply evidence must be filed and
served as soon as possible (23A PD 7.3) and in accordance with court directions.
What is the requirement regarding statements of costs? - ✔✔A statement of costs must
be filed and exchanged not less than 24 hours before the hearing (44 PD 9.5).
How are most interim applications dealt with? - ✔✔Most are dealt with at a hearing.
,Can a hearing take place remotely? - ✔✔Yes - in line with the overriding objective, the
court may order remote or partially remote hearings (23A PD 6), especially if lasting 2 hours or
less.
When can an interim application be dealt with without a hearing under CPR 23.8? - ✔✔If the
parties have agreed the terms of the order (by submitting a consent order)
If the parties agree there should be no hearing
If the court decides no hearing is necessary
What happens after the hearing? - ✔✔The court will make its decision, and the order will
be drawn up, sealed, and served by the court.
What is a 'without notice' application? - ✔✔An application where the respondent is not
served with the application notice and does not attend the hearing.
When is a 'without notice' application permitted under 23A PD 3? - ✔✔There is exceptional
urgency (e.g. immediate remedy needed)
The overriding objective is best furthered
All parties consent
The court gives permission
A court order, rule or PD permits
A date for a hearing has been fixed, and there is insufficient time to serve the notice - in which
case, the party should still inform the other side and court as soon as possible, preferably in
writing
What safeguards exist for without notice hearings? - ✔✔The application must explain why
no notice is given
The applicant must draw the court's attention to arguments and
evidence supporting the (absent) respondent's position
, After the hearing, the applicant must serve the respondent with:
- The application notice
- The evidence in support
- The order
The court order must contain a statement of the respondent's right to apply to set aside or
vary the order.
What is the deadline to apply to set aside a without notice order under CPR 23.10? - ✔✔The
application to set aside must be made within 7 days of the order being served on the respondent.
What is the purpose of summary judgment according to CPR 24.1? - ✔✔The purpose of
summary judgment is to enable the court to dispose of claims or issues without the need for a
full trial.
What happens if summary judgment is granted on an issue? - ✔✔If summary judgment
is granted on an issue, that issue is no longer considered at trial.
How does summary judgment save costs and further the overriding objective? - ✔✔It
saves costs and allows the court to deal with weak cases or issues proportionately and
expeditiously.
Who can apply for summary judgment? - ✔✔Either party can apply for summary judgment
if it considers that the other party's position in relation to the claim or particular issues is
sufficiently weak.
What is the difference between summary judgment and strike out? - ✔✔The court can
strike out the whole or part of a statement of case which:
- Discloses no reasonable grounds for bringing or defending a claim (CPR 3.4(2)(a)); or
- Is an abuse of the process of the court or otherwise likely to obstruct the just disposal of
the proceedings (CPR 3.4(2)(b)) - there are also other grounds for strike out.
