Summary Civil Litigation UNIT 15 - Interim Applications
9 views 0 purchase
Course
BPC
Institution
BPC
Tired of scratching your head at the White Book until in the early hours?! Try these minimalist and easy-to-digest summary notes which just cut to the chase!
Each one of these summary note packs strictly follow the BPC syllabus and tell you exactly what you need to know to achieve the Very Comp...
Includes:
- How to make an Interim Application? (CPR 23)
- Interim Remedies (CPR + PD 25)
o Interim Injunctions
American Cyanamid Co v Ethicon Ltd (1975)
Undertakings
o Interim Declarations
What is an Interim Application?
An interim application is an application via party for an order or direction before
trial.
Interim application may be made at any stage, including the period prior to the issue
of proceedings and after a judgement has been given.
It may relate to aspects of case management, such as disclosure or evidence
exchange, or a party may request a particular remedy, such as an interim payment
or interim injunction.
In most instances, the court will be guided by the principles set out in the case of
American Cyanamid Co (No 1) v Ethicon Ltd (1975) UKHL 1.
How to make an Interim Application (CPR 23)
Where to make an application
23.2 the general rule is that an application must be made to the court or county
court hearing centre where the claim started.
- If the claim has been transferred to another court, an application must be
made to the new court or hearing centre (unless there is a good reason
otherwise).
If the parties have been notified of a fixed date for the trial, an application must be
made where the trial is to take place.
If an application is made after proceedings enforce a judgement, it must be made to
the court or hearing centre which is dealing with the enforcement.
Applications in general can be made at any time, however, certain applications will
have to be made within a particular time limit; subject to rules, practice directions, or
court orders. Although, extensions can be sought.
Application Notices
, 23.3 The applicant must file an application notice, known as an N244 form.
Either party may be an applicant.
An application notice is a document submitted to the court, in which an applicant states
their intention to seek a court order.
23.7 This notice must be served as soon as is practicable after it is filed, at least
three days before the court is to deal with the application*
The N244 must be accompanied by:
(a) Any written evidence in support of the application, setting out the
grounds on which the interim injunction is being sought.
(b) The draft order, proposing the terms of the interim injunction being
sought.
23.4 A copy of the application must also be served on each respondent, along with
the evidence and draft order.
- ‘Evidence already served to the court does not need to be re-served with the N244.
These rules can be parted from, however, subject to:
(a) A rule;
(b) A PD;
(c) A court order;
(d) Agreement between parties; or
(e) The need for secrecy.
Notice is deemed to have been given when received by the courts, not when
issued or served on the respondent.
- If the application is under a time limit, the application will be deemed served once
notice is received by the court, for the purposes of this limit.
23.6 Application notice must include:
(a) What order the applicant is seeking; and
(b) Briefly, why the applicant is seeking the order.
23.8 The application must also contain a request to be dealt with either by hearing
or without hearing. This will be passed onto a Master or DJ, who will ultimately
decide.
Applications can be dealt without hearings if:
(a) The parties agree on the terms of the order so;
(b) The parties agree that the court should dispose of the application
without a hearing; oh
(c) The court does not consider that are here it would be appropriate.
Once an application is served, if the court decides that a hearing is necessary, the
court will provide notice to both applicant and respondent as to the date, time, and
place of the hearing.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mattjlr. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.12. You're not tied to anything after your purchase.
