Exam (elaborations)
INTERIM APPLICATIONS EXAM QUESTIONS AND ANSWERS
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INTERIM APPLICATIONS EXAM QUESTIONSAND ANSWERS
When should an interim application be made?
- as soon as it becomes apparent that it is necessary or desirable
How should interim applications be made?
By the overriding objective
Parties are under a specific obligation to 'bunch' their interim applications
(23A PD 2.8)
What is the Procedure for an interim application and the form needed?
application notice (Form N244):
- Who is making the application
- What order the applicant want
- Why the applicant is asking for that order
- What information the applicant rely on in support of the application?
A court fee is payable to issue the application notice.
Is evidence necessary?
Not mandatory, but it is advisable to provide evidence
- In the application notice itself (Part C, in which case the statement of
truth must also be completed (23A PD 9.7))
- By referring to the existing statements of case
- In a witness statement (or, if required, affidavit).
What should the applicant take or send to court?
The application notice,
evidence and
draft order
How to serve the application notice and what to serve
The application notice,
note from the court indicating the date and time of the hearing,
evidence and
draft order
, THESE must be served on the other party after the application has been
issued by the court (CPR 23.7).
When must the application notice be served?
not less than 3 clear days before the application is to be heard
as soon as practicable after the application is filed and
When must a witness statement or affidavit evidence be filed and
served?
As soon as possible and
in accordance with any specific timings stated by the court when it
issued the application notice.
When should a statement of costs in relation to the application be filed
and exchanged?
Not less than 24 hours before the hearing
It is possible for matters to be dealt with in the absence of a hearing if:
- The parties have agreed the terms of the order (in which case they
should send in a 'consent order' – a order in the agreed form, signed on
behalf of each party);
- The parties agree there should be no hearing; or
- The court does not consider a hearing appropriate.
Summary of how to make an application
Issue:
- Application notice (form N244)
- Supporting evidence
- Draft order
- Fee
Service (as soon as practicable but not less than 3 clear days before the
hearing):
- Application notice (form N244)
- Supporting evidence
- Draft order
- Notice of hearing date
Further evidence:
- Respondent files at court and serves on the applicant evidence as
soon as possible
- Applicant files at court and serves on the respondent evidence in reply
as soon as possible
Both parties file and exchange statements of costs not less than 24
hours before hearing.
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