DR WS 5 Alice Hick
Applications to the court
Interim applications
Interim applications are applications made after the issue of proceedings and before the trial.
Part 23 of the CPR 1998 sets out the general rules governing applications to the court.
Application to set aside default judgment (part 13)
Application for summary judgment (part 24)
Application for an interim injunction (part 25.1)
Application for an interim payment on account of damages (part 25.6)
Security for costs order (r 25.12)
R 23.2: application made to the court where the claim has been started/where the case has been sent
Applications to the court – Application Notice
An application to the court is made by an application notice: Form N244 should be used
The person making the application is the applicant, and the party whom the order is sought is the respondent.
Content r23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of truth
If the applicant wishes to rely on matters set out in the applicant notice as evidence at hearing, must
be verified by statement of truth on the second page of N244.
Evidence
PD 23A, para 9.1: where there is no specific requirement to provide evidence, it should be borne in
mind that, as a practical matter, the court will often need to be satisfied by evidence of the facts
relied on.
o This will usually take form of a witness statement.
Procedure Resolving
Can the issue be resolved through agreement without an application to the court?
o Pursuant to the Overriding Objective (CPR Part 1).
o Failure to do, could lead to an adverse costs order being made against you.
Service
If not, notify your opponent (i.e. serve notice) that you intend to make an application (unless
exception in PD 23A para 3 applies – freezing injunction or search order) 3 days before hearing
o Para 3 of PD 23A: order can be made without notice in certain circumstances, e.g.
a) where there is exceptional urgency
b) where the overriding objective is best furthered by doing so
c) by consent of all parties
d) with the permission of the court
if order made without notice:
o copy of order must be served on respondent, with notice of application and supporting
evidence
o order must contain right of respondent to reply/apply order to be set aside within 7 days
Complete the application notice (N244): comply with contents requirements above.
Submit the application notice to the court where the claim will be issued/was started/has been
sent/where trial is to take place: r23.2.
Along with:
Requisite fee;
An additional copy of notice for each party;
A copy for the court; and
A copy of the draft order sought, in all but the most simple application: PD 23A
, DR WS 5 Alice Hick
Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
Telephone Many district registries now have facilities to deal with interim applications by telephone conferencing
hearings/ PD 23A, para 6.2 = general rule is that at a telephone enabled court all allocation hearings, listing
hearings, interim applications, case management conferences and pre-trial reviews with a time estimate
video of less than an hour will be conducted by telephone
conference exceptions of:
s applications made with no notice to other party
where all parties are unrepresented
where more than 4 parties wish to make representations at hearing
if application is being heard by telephone then no party/party’s legal representative can attend the
judge in person
unless every other party has agreed
mechanics of telephone conference hearing in PD 23A, paras 6.9 and 6.10
applicant’s legal representative must file and serve case summary and draft order no later than 4pm
2 days before the telephone hearing if the claim has been allocated to multi-track or if the court
directs
Possible interim costs orders
Any interim application will involve the parties in expense.
A party may be involved in collecting evidence, interviewing witnesses, conducting a site visit, negotiating, etc.
The applicant will prepare the notice of application and supporting witness statement.
A court fee is payable for making the application.
The respondent will usually prepare a witness statement in response.
The more complex the application, the greater the costs involved.
The cost of travelling to and from the court, and the advocate dealing with the application
‘Pay as you go’ litigation
At the end of any interim application, the judge may decide that one party should pay the other party’s costs.
Usually the loser will pay the winner’s costs, but the court has a discretion based on the conduct of both parties,
the success of each sides arguments and the overriding object.
Possible costs orders
Type Effect
Claimant’s The defendant pays the costs of the claimant’s interim application
costs The party named in the order and thereby in whose favour the order is made is entitled to the costs
in respect of the part of the proceedings to which the order relates, whatever other costs orders
are made in the proceedings.
These costs are normally summarily assessed and ordered to be paid within 14 days.
Costs in case Essentially a ‘wait and see’ order - whoever loses at trial will pay the other’s costs (can only be given
where trial is a possibility)
In this order, no party is named. At this interim stage, no party is able to recover his costs of the
interim hearing.
The outcome at the end of the proceedings will determine which party recovers these interim costs.
The party in whose favour the court makes an order for costs at the end of the proceedings is
entitled to his costs of the part of the proceedings to which the order relates.
Claimant’s Another ‘wait and see’ order - if the claimant wins, the defendant will pay claimant’s costs. If the
costs in case claimant loses then each party will bear their own costs (can be stated as the vice versa)
If the named party is awarded costs at the end of the proceedings, that party is entitled to his costs
of the part of the proceedings to which the order relates.
So, the party not named in the order is never entitled to recover his interim costs of the
application.
The named party recovers his interim costs of the application only if he is ultimately awarded costs
at the conclusion of the proceedings.
No order as Each party will bear their own costs (this will happen if you forget to ask for your client’s costs at the
Applications to the court
Interim applications
Interim applications are applications made after the issue of proceedings and before the trial.
Part 23 of the CPR 1998 sets out the general rules governing applications to the court.
Application to set aside default judgment (part 13)
Application for summary judgment (part 24)
Application for an interim injunction (part 25.1)
Application for an interim payment on account of damages (part 25.6)
Security for costs order (r 25.12)
R 23.2: application made to the court where the claim has been started/where the case has been sent
Applications to the court – Application Notice
An application to the court is made by an application notice: Form N244 should be used
The person making the application is the applicant, and the party whom the order is sought is the respondent.
Content r23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of truth
If the applicant wishes to rely on matters set out in the applicant notice as evidence at hearing, must
be verified by statement of truth on the second page of N244.
Evidence
PD 23A, para 9.1: where there is no specific requirement to provide evidence, it should be borne in
mind that, as a practical matter, the court will often need to be satisfied by evidence of the facts
relied on.
o This will usually take form of a witness statement.
Procedure Resolving
Can the issue be resolved through agreement without an application to the court?
o Pursuant to the Overriding Objective (CPR Part 1).
o Failure to do, could lead to an adverse costs order being made against you.
Service
If not, notify your opponent (i.e. serve notice) that you intend to make an application (unless
exception in PD 23A para 3 applies – freezing injunction or search order) 3 days before hearing
o Para 3 of PD 23A: order can be made without notice in certain circumstances, e.g.
a) where there is exceptional urgency
b) where the overriding objective is best furthered by doing so
c) by consent of all parties
d) with the permission of the court
if order made without notice:
o copy of order must be served on respondent, with notice of application and supporting
evidence
o order must contain right of respondent to reply/apply order to be set aside within 7 days
Complete the application notice (N244): comply with contents requirements above.
Submit the application notice to the court where the claim will be issued/was started/has been
sent/where trial is to take place: r23.2.
Along with:
Requisite fee;
An additional copy of notice for each party;
A copy for the court; and
A copy of the draft order sought, in all but the most simple application: PD 23A
, DR WS 5 Alice Hick
Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
Telephone Many district registries now have facilities to deal with interim applications by telephone conferencing
hearings/ PD 23A, para 6.2 = general rule is that at a telephone enabled court all allocation hearings, listing
hearings, interim applications, case management conferences and pre-trial reviews with a time estimate
video of less than an hour will be conducted by telephone
conference exceptions of:
s applications made with no notice to other party
where all parties are unrepresented
where more than 4 parties wish to make representations at hearing
if application is being heard by telephone then no party/party’s legal representative can attend the
judge in person
unless every other party has agreed
mechanics of telephone conference hearing in PD 23A, paras 6.9 and 6.10
applicant’s legal representative must file and serve case summary and draft order no later than 4pm
2 days before the telephone hearing if the claim has been allocated to multi-track or if the court
directs
Possible interim costs orders
Any interim application will involve the parties in expense.
A party may be involved in collecting evidence, interviewing witnesses, conducting a site visit, negotiating, etc.
The applicant will prepare the notice of application and supporting witness statement.
A court fee is payable for making the application.
The respondent will usually prepare a witness statement in response.
The more complex the application, the greater the costs involved.
The cost of travelling to and from the court, and the advocate dealing with the application
‘Pay as you go’ litigation
At the end of any interim application, the judge may decide that one party should pay the other party’s costs.
Usually the loser will pay the winner’s costs, but the court has a discretion based on the conduct of both parties,
the success of each sides arguments and the overriding object.
Possible costs orders
Type Effect
Claimant’s The defendant pays the costs of the claimant’s interim application
costs The party named in the order and thereby in whose favour the order is made is entitled to the costs
in respect of the part of the proceedings to which the order relates, whatever other costs orders
are made in the proceedings.
These costs are normally summarily assessed and ordered to be paid within 14 days.
Costs in case Essentially a ‘wait and see’ order - whoever loses at trial will pay the other’s costs (can only be given
where trial is a possibility)
In this order, no party is named. At this interim stage, no party is able to recover his costs of the
interim hearing.
The outcome at the end of the proceedings will determine which party recovers these interim costs.
The party in whose favour the court makes an order for costs at the end of the proceedings is
entitled to his costs of the part of the proceedings to which the order relates.
Claimant’s Another ‘wait and see’ order - if the claimant wins, the defendant will pay claimant’s costs. If the
costs in case claimant loses then each party will bear their own costs (can be stated as the vice versa)
If the named party is awarded costs at the end of the proceedings, that party is entitled to his costs
of the part of the proceedings to which the order relates.
So, the party not named in the order is never entitled to recover his interim costs of the
application.
The named party recovers his interim costs of the application only if he is ultimately awarded costs
at the conclusion of the proceedings.
No order as Each party will bear their own costs (this will happen if you forget to ask for your client’s costs at the
