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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 WHICH COURT?

? general rule - application must be made to court where claim is presently being dealt with
? application after judgment - court dealing with enforcement
? pre-action remedies o usually - court where substantive proceedings likely to be brought (unless good reason for applying to different court)

o designated money claims - any coco WHICH JUDGE?

? general rule - master, DJ, HC judge o interim injunctionsjudge who has jurisdiction to try claim; ORHC master / HC DJ by consent; ORcoco DJ if has trial jurisdiction (small claims / fast track)

WHEN CAN AN ORDER BE MADE?

? at any time (including pre-action AND after judgment)

WHEN TO APPLY?

? ASAP after A has come on to court record: o C - issued claim form o D - filed AoS / defence
? usually inform court of intention to apply in DQ
? BUT can apply at any time, even after trial Restrictions on timing

? SJ - after D has filed AoS / defence (normally at / before filing DQ)
? interim payment - after expiry of time for filing AoS / defence
? interim remedies - after D has filed AoS / defence Pre-action

? C may apply before commencing proceedings if: (a) matter is urgent; OR (b) otherwise necessary / desirable to do so in the interests of justice
? mainly urgent interim injunctions ? see interim injunctions
? procedure o court may dispense with need for application notice - if do require undertaking to file AND pay fee same / next working day

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

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