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Interim Applications Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Interim Applications 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:

INTERIM APPLICATIONS Court Rule: Application must be made to Court where claim is presently being dealt with

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application after judgment - apply to Court dealing with enforcement

Pre-action Remedies - made to Court where substantive proceedings are likely to be brought unless there is a good reason for applying to another court

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Designated money claims - any County Court

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Freezing Injunction & Search orders - High Court Judge

Applications may be dealt with by judges, masters or district judges Exceptions

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Freezing Injunction & search orders - High Court Judge

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Interim Injunction - Judge who'd have jurisdiction to try the claim
* Multi-Track: Circuit Judge
* Small Claims Track & Fast Track: District Judge

High Court Masters and District Judges may grant interim Injunction by consent. Timing Interim applications should be made as early as possible

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after applicant has "come on to the court record"
* Claimant: Issued Claim Form
* Defendant: Filed acknowledgement/defence

Normally inform Court of intention to apply for interim remedy when file Allocation Questionnaire. Restrictions on timing:

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Summary Judgment - only after time for filing acknowledgement/defence expired

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Interim payment - same.

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Summary Judgment/Striking Out - at/before filing Allocation Questionnaires

But applications can be made later (even after judgment)

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if just before trial - may be dealt with at beginning of trial.

Multi-Track Claims Usually dealt with at First case-management conference If applying for order/directions not usually dealt with at Case-management Conference and likely to be opposed - must issue and serve application notice with date of Case-management Conference at return date
# include a time-estimate so, if scheduled time likely insufficient, can be rescheduled Application to vary timetable set down must normally be made within 14 days of service of the directions Application just before trial - deal with at pre-trial review Pre-Action Claimant may be able to make an application before commencing proceedings if:
# matter is urgent, or
# it is otherwise desirable to grant the interim remedy before the claim is brought in the interests of justice Courts may allow some pre-action applications for interim injunctions, search orders and freezing Injunction where urgent. If pre-action interim remedy granted - Court should give directions for commencing the claim

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not required in order for pre-action disclosure/inspection Application without Notice

Rule: all applications should be made on notice to the other parties

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without notice applications can only be made when permitted by CPR, Practice Direction or Court order.

Examples:

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renewal of Claim Form

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applications for permission to issue additional claims after filing defence

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urgent applications - no practical possibility of giving 3 clear days notice
* must give informal notice - unless circumstances require secrecy

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applications at hearings (which have already been fixed) where insufficient time to serve an application notice
* inform other parties and court as soon as possible in writing, then make application orally at hearing

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applications which depend on secrecy for efficacy - eg. freezing Injunction and search orders.

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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