INTERIM APPLICATIONS.
Q. what is an interim application?
This is an application made to the court for an order or direction. This application is
made in the ‘interim’ period between the commencement of proceedings (so when the
claim form has been issued) and trial.
When you put in an interim application, you get either a direction or an interim order.
And basically these interim applications help the parties in pursuing their case and can
be made for lots of different reasons. Some of these are:
1. Extending the deadline/time period for doing something (in the proceedings)
2. Applying to amend your statement of case, or when you need further
clairification on the other party’s statements of case
3. Specific disclosure of a document
4. Permission to rely on expert evidence
We look at THREE specific INTERIM REMEDIES:
1. Security for costs
2. Summary judgement
3. Injunctions
How can you apply for an interim application?
So, it is cpr 23 that governs interim applications.
The application to the court when making this interim application, must be made ‘with
notice’ not the other party. But, you can make it without notice as well, but this is only in
exceptional circumstances where theres good enough reasons for not giving it. For
example if the matter is urgent, there’s not enough time to give notice, etc.
After you have the hearing without notice, then the respondent will receive a copy of the
order made by the court. GET HER TO EXPLAIN?
But normally, you have with notice applications. So, the applicant applies to the court,
but also sends the respondent a copy of the application notice and evidence in advance.
This way, both parties attend the hearing.
Thirdly, we can have an interim order made on the court’s own initiative, and the court
may do this without a hearing.
Q. what is an interim application?
This is an application made to the court for an order or direction. This application is
made in the ‘interim’ period between the commencement of proceedings (so when the
claim form has been issued) and trial.
When you put in an interim application, you get either a direction or an interim order.
And basically these interim applications help the parties in pursuing their case and can
be made for lots of different reasons. Some of these are:
1. Extending the deadline/time period for doing something (in the proceedings)
2. Applying to amend your statement of case, or when you need further
clairification on the other party’s statements of case
3. Specific disclosure of a document
4. Permission to rely on expert evidence
We look at THREE specific INTERIM REMEDIES:
1. Security for costs
2. Summary judgement
3. Injunctions
How can you apply for an interim application?
So, it is cpr 23 that governs interim applications.
The application to the court when making this interim application, must be made ‘with
notice’ not the other party. But, you can make it without notice as well, but this is only in
exceptional circumstances where theres good enough reasons for not giving it. For
example if the matter is urgent, there’s not enough time to give notice, etc.
After you have the hearing without notice, then the respondent will receive a copy of the
order made by the court. GET HER TO EXPLAIN?
But normally, you have with notice applications. So, the applicant applies to the court,
but also sends the respondent a copy of the application notice and evidence in advance.
This way, both parties attend the hearing.
Thirdly, we can have an interim order made on the court’s own initiative, and the court
may do this without a hearing.
