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Applications A3 Comparison Table Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Applications A3 Comparison Table notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

APPLICATION General rules for applications for court orders (Part 23)

PURPOSE Set out general rules for court orders.

TEST Depends on order applying for.

Applies to all applications for orders or directions made before the trial or substantive hearing of the claim:

TIME OF ORDER At any time, including after judgment

WHEN TO APPLY?
As soon as apparent it is necessary /
desirable

Depends

ASAP BUT after A has come on to court record

(a)

case management matters

(b)

interim injunctions

(c)

other interim remedies

(d)

interim payments

Pre-action if:

(e)

security for costs

(a)

urgent; OR

(b)

otherwise desirable /
necessary in the interests of justice

(f)

WHO CAN APPLY?

orders for responses to requests for further information

ON NOTICE?
Yes, unless good reason:

(c)

exceptiona l urgency

(d)

OO best furthered

(e)

by consent

(f)

permitted by rule, PD, court order

(g)

hearing date fixed and no time

Unless secret informal notice Application for default judgment

Application to set aside default judgment

Must apply if:

(a)

claim served outside jurisdiction

(b)

D is child / PP

(c)

claim for other than fixed costs

(d)

tort claim by one spouse against another

(e)

D seeks some other remedy than indemnity / contribution against non-party

N/A

After D fails to file AoS and / or defence

Must set aside if:

(Court can also do of own initiative)

(a)

essential conditions about failure to AoS etc. not satisfied

(b)

claim satisfied befor judgment entered

(c)

D already applied for SJ / strike out

(d)

D filed admission requesting time to pay

Alternative to strike out.

After default judgment entered

(a)

D has a real prospect of successfully defending the claim; OR

(b)

some other good reason

A must prove R:

(a)

has no real prospect of success in bringing / defending the claim; AND

(b)

no other compelling reason for trial

As soon as apparent it is necessary /
desirable

Alternative to SJ.

(a)

full info in body of application notice

(b)

SoCs

(c)

WSs

(d)

affidavit /
affirmation

interim remedies must include case management directions - no

If there is to be a hearing, must serve application notice (+ evidence
+ draft order) ASAP after filing and minimum 3 clear days before hearing

May file ASAP and in accordance with any directions

telephone hearing: serve 5 clear days before

After D files AoS

As soon as apparent it is necessary /
desirable

Don't serve if without notice

Must include Also include certificate of service if C served PoC

May strike out SoC / part of SoC if:

(a)

discloses no reasonable grounds for bringing or defending the claim;

D

D, except:

(a)

possession proceeding s against protected mortgage /
tenancy

(b)

admiralty claims in rem

Only after D files AoS
- usually between AoS and filing DQ (before allocation)

Before D files defence (otherwise acquiesced)

As soon as apparent it is necessary /
desirable

Must include

OR

If there is to be a hearing, must serve application notice (+ evidence
+ draft order) ASAP after filing and minimum 14 clear days before hearing, informing R that must file evidence in reply within 7 days of hearingC OR

specific performance: serve 4 clear days before hearing

court of own initiative

Parties OR court of own initiative

(b)

abuse of process;

OR

(c)

otherwise likely to obstruct just disposal of proceedings

court officer can refer (except

Not usually

HEARING

If wish to rely on evidence at hearing R must file and serve within 7 clear days before hearing If wish to rely, A must file and serve further evidence within 3 clear days of hearing

JUDGE

Yes, unless:

judge

(a)

parties agree terms of order sought

OR

(b)

parties agree to no hearing

DJ

(c)

court thinks inappropriate

May be by telephone if case management /
interim hearing <1 hour

If D has applied for SJ OR strike out, not until SJ / strike out application disposed of

specific performance: after service of claim form Plain and obvious case where trial pointless

4 formats (must contain statement of truth):

EVIDENCE IN REPLY?

i.e. After default judgment entered

If C fails to comply with PAP, only after period for filing defence expires

Strike out

Must serve application notice, including C's DoB (if known)

Yes, generally.

TIMING OF SERVICE

Only serve evidence in support if D filed AoS

Set aside default judgment

Dispose of weak claim, obtain summary determination of some issues.

C

i.e. After D fails to file AoS and / or defence

May set aside if:

Summary judgment

As soon as apparent it is necessary /
desirable

EVIDENCE IN SUPPORT?

master OR

COSTS OF THE APPLICATION Parties must file statement of costs not less than 24 hours before hearing Summary assessment after hearing if <1 day Payable within 14 days

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