An interim application is an application made between the start of the proceedings and the trial itself. It is an application to the court for orders or directions. These interim applications are governed by Civil Procedure Rules. Such an interim application is in effect made to assist the parties in pursuing the case. Such an application can give rise to directions imposed by the court or some other orders. There can be a variety of circumstances when the interim application to the court is necessary to be made. These are for instance application for extension of time, summary judgement application, interim payment application, applications for injunction, application for security for costs, amendments of case, renewing validity of claim form.
The application for the extension of time can take place at any time in the proceedings if one party needs to extend time in order to meet some important deadline. E.g. Filing an important document etc.
Application for a summary judgment takes place if the claimant or the defendant believes that the defendant has no real case and cannot defend the claim against him or if the claimant has no real case and there is no other compelling reason why to proceed with the claim and there is no real prospect in succeeding in this case.
Application for an injunction is an application to court in order to stop one party do something or to order this party to comply with some conditions. Therefore injunction can either be mandatory or prohibitory. The examples of those types of injunctions are as follows: e.g. ordering to comply with an important deadline or ordering a party to stop publishing a certain article etc.
This application gives the defendant possibility to apply for security of costs against the person who is in a position of the claimant upon the compliance with several conditions. Therefore this application can also be made against the defendant by a claimant in relation to a counterclaim or against the defendant by a third party in relation to a Part 20 of the Civil Procedure Rules which is made by the defendant against the third party.
If any of the parties wish to amend their statement of case, the application to the court also has to be made again.
The notice must be served on the other party. Without notice application is allowed with the permission of the court or if Civil Procedure Rules permit the same. This means that the other party would not be informed of the application. Such an action is exceptional as it gives the party which is heard a significant advantage as the other party remains unheard. There must be very good reasons for not giving a notice. Generally it is accepted that the application notice is not issued as there was no sufficient time to do so. If the application notice is served, both parties must be heard and give evidence. The hearings may be public or private if it is in the interest of justice. It is within the courtís power to make interim orders or fix telephone hearings or video conferencing in order to fulfil the overriding objective. The application would be made as soon as it is clear that it will be necessary to make such an application. Generally these applications are heard at case management conference or at the pre-trial review.
The application notice should state what order the applicant is seeking and why is he seeking the same. As in accordance with the Civil Procedure Rules it should also contain the title of the claim, the reference number of the claim, the name of the applicant, request for a hearing or a request without a hearing. The application must be accompanied with the written evidence explaining the facts supporting his application. The evidence may be on the application notice itself it may be referring to the statements of the case or it can be a witness statement or an affidavit. Most of the applications take place at the hearing but it is possible not to have such a hearing if the parties agree the terms of the order, or the parties agree that no such order is necessary, or if the court thinks that such hearing is not necessary. These interim applications are normally heard by a District Judge or a Master but some of the applications like injunctions can only be heard by the Judges. Hearings are in public or at chambers. It is vital that your solicitor takes with him the following important documents; the application notice, the witness statements and exhibits, the draft order, the bundle of statements of case, or anything that you will want to rely on at the trial. It is interesting to note that the court can intervene at any time and give further directions.
The court also has to consider who will be paying for the cost of the proceedings. As in accordance with the Civil Procedure Rules the court has wide powers and may decide that one party will pay all the costs to the other as well as the amount payable and when it is to be paid. In all the circumstances it is necessary for the court to take into account the conduct of the parties, this will assist the court in imposing the orders. There are several types of costs orders.
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