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Summary SGS 8 Civil Litigation LPC (Interim Applications) Lecture, SGS and Solution Notes and Exam Structure (High Distinction)
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SGS 8- general rules for interim applications and summary judgment, costs in the case and alittle on extension request refusals
Main types of interim applications
1. Security for costs
2. Summary judgment
3. Applications to extend time
4. Application for injunctions
Interim Applications (General)
- Usually commenced in the period between commencement and trial
- Governed generally by CPR 23
Method of applying
1. With notice
- The opposing party is alerted to the application
2. Without notice
- Usually if the matter is urgent 23APD3(1) and you dot have time to provide a formal notice as a hearing date has already
been fixed 23APD2.10
- When the other party is not on the record as acting
- or when you don’t want to alert the other party
3. Court’s own initiative
- The court can make interim orders by its own initiative as part of its case management powers CPR 3.
4. Telephone hearings
- 23APD 6 and 7 allow for this if it will be a short hearing
Procedure
When to make an interim application
- Apply as soon as possible in the action as cases need to be dealt with expeditiously
- Apply as soon as it becomes apparent that it is necessary to make the application 23APD2.7
Where to apply
- Dealt with in the court which the main case is being dealt with or likely to be dealt with
- Can be heard in a neighbouring court as the court can deal with cases at any places it considers appropriate when there are
delays in the original court CPR 2.7
How to apply
- The applicant prepares an N244 application notice and issues it at court and pays the relevant fee to issue.
The N244 should state what order the applicant is seeking and why CPR 23.6 and 23APD2.1 sets out other
requirements
- The applicant provides written supporting evidence which set out the facts which justify the relief CPR 25.3(2)
Evidence may be given:
o In part C of the application notice
o By referring to an existing statement of case
o By way of a witness statement or affidavit 32.6(1) (must follow the 32PD17-20 rules, facts not law +
statement of truth)
- Draft order which the application should file at court and serve on the respondent
Issuing the application
- Applicant takes the application notice and the supporting documentation to court with the court fee. A minimum of 3 copies
will be required. One for court, one for the applicant and one each for the defendants.
Serving on the respondent
- The court or the applicant themselves can serve the application notice.
- Service must be effected as soon as possible after the application is issued and not less than three clear days before the
application is to be heard.
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, SGS 8- general rules for interim applications and summary judgment, costs in the case and a
little on extension request refusals
- An application notice need not be served in limited circumstances 23APD3.
- If there isn’t enough time to serve, parties should give informal notice to the other party 23APD4.2 and ask the court to
abridge time for service at the hearing CPR 3 (consider CPR 2.8 for counting time clear day rule applies).
Respondents evidence
- The respondent may wish to file evidence in the form of a witness statement or affidavit to rely on at the hearing. This must
be filed and served as soon as possible 23APD9.4.
Applicants evidence in reply
- If the applicant wishes to bring further evidence against the respondent, this must be filed and served as soon as possible
23APD9.5.
At the hearing
- Most interim applications are dealt with at hearings but it is possible for them to be dealt with in the absence of a hearing if
(i) the parties have agreed the terms of the order (ii) the parties agree there should be no hearing or; (iii) the court does not
consider a hearing appropriate CPR 23.8.
- Usually heard by judges, district judges but can be heard by masters too.
- The client may have to attend if the court requires CPR 3.1(2)(c)
You should bring with you:
1. The application notice
2. Evidence (witness statements and exhibits)
3. The draft order
4. Bundle of statements of case
5. Skeleton arguments if required
6. Authorities you wish to rely on
Costs orders at interim hearings
- After the hearing, the court will need to decide who should pay the cost of the hearing.
- 44.2 gives the court wide discretion to decide on a costs order by deciding which party should pay and when.
- Generally, the losing party will pay the winning party’s costs but the court can depart from this if there is good reason such
as unreasonable conduct by the winning party.
- Amount is 44.4, when is 44.7 and whether 44.2(4) and (5).
Types of interim costs order (summarised in 44PD4, refer to this table):
1. Costs in any event (summary assessment of costs)
- Regardless of what happens at trial, the party who won the interim hearing will have their costs paid for the hearing.
- Summary assessment of costs takes place at the end of a hearing if (a) the matter is disposed of in not more than a day and
(b) a ‘costs in any event’ order is made 44PD9.2.
- The court will put a figure on the costs due and it will then be payable by the losing party within 14 days (44.6(1)(a)).
- The parties must file signed statements of costs with the court (N260 form 44PD1.2) and serve them on each party not less
than 24 hours before the hearing 44PD9.5(4)(b). This is extended to not less than 2 days before trial for fast track
(44PD9.5(4)(a)).
- The statement of costs must contain the number of hours claimed, the hourly rates of fee earners, the grade of fee earner,
the amount and nature of disbursements, the solicitors costs for appearing at the hearing, counsel’s fees and VAT
44PD9.5(2). The judge will use this to figure out what they consider to be appropriate.
2. Costs in the case (also known as costs in the application)
- The party who gets costs at trial (usually the winner) will recover its costs for the interim hearing from the other party.
3. No order for costs (or if no order is made)
- Each party will bear its own costs of the hearing.
Interim Costs Orders which the Court can make (PD44 para 4.2) at the end of the interim hearing
Costs in any event Winner of interim hearing recovers costs no matter who wins at trial
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