Learning Outcomes
After studying this article, you will be able to explain the purpose and types of interim applications in civil litigation, outline the procedural steps for making and responding to interim applications, and apply the relevant legal tests for summary judgment and interim injunctions. You will also be able to identify the consequences of non-compliance and understand the strategic considerations for SQE1 assessment scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the role and procedure of interim applications in progressing a civil claim. Focus your revision on:
- the definition and purpose of interim applications in civil litigation
- the procedural steps for making an interim application, including notice and evidence requirements
- the legal tests for summary judgment and interim injunctions
- the distinction between with notice and without notice applications
- the consequences of non-compliance with interim orders
- the strategic use of interim applications in case management
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the main difference between a summary judgment application and a strike out application?
- When can a party make an interim application without giving notice to the other side?
- What must an applicant demonstrate to obtain an interim injunction?
- What are the possible consequences if a party fails to comply with an interim order?
Introduction
Interim applications are requests made to the court during the course of litigation, before the final trial, to resolve urgent or necessary issues that cannot wait until the end of the case. They are a key part of progressing a claim and can have a significant impact on the direction, speed, and outcome of proceedings.
Key Term: interim application
An application made to the court during ongoing proceedings, before trial, seeking an order or direction to address a specific issue or need.
Interim applications are governed by the Civil Procedure Rules (CPR), mainly Part 23 and its Practice Direction. They are used to obtain orders such as summary judgment, interim injunctions, interim payments, or case management directions.
Types and Purpose of Interim Applications
Interim applications serve several purposes:
- To resolve urgent matters (e.g. preventing asset dissipation)
- To clarify or narrow issues (e.g. summary judgment)
- To preserve evidence or property
- To manage the case efficiently (e.g. extensions of time, disclosure orders)
Common interim applications include:
- Summary judgment
- Interim injunctions (prohibitory or mandatory)
- Freezing and search orders
- Interim payments
- Security for costs
- Extensions of time
- Specific disclosure
Key Term: summary judgment
An order made by the court to decide a claim or issue without a full trial, where there is no real prospect of success and no other compelling reason for a trial.Key Term: interim injunction
A temporary court order requiring a party to do or refrain from doing something until trial or further order.Key Term: with notice application
An application where the respondent is given advance notice of the hearing and has an opportunity to respond.Key Term: without notice application
An application made without informing the respondent in advance, permitted only in exceptional or urgent circumstances.
Procedure for Making an Interim Application
The general steps for making an interim application are:
- Prepare and file the application notice (Form N244), stating the order sought and the reasons.
- Draft order: Attach a draft of the order you want the court to make.
- Evidence: Usually a witness statement or affidavit explaining the facts and supporting the application.
- Service: Serve the application notice and evidence on the respondent, usually at least three clear days before the hearing (14 days for summary judgment).
- Hearing: The court will hear the application, often by telephone or video for short matters.
- Costs: The court will usually make an order for the costs of the application, typically that the unsuccessful party pays.
With Notice vs Without Notice
Most interim applications are made with notice. Without notice applications are only allowed where giving notice would defeat the purpose of the application (e.g. freezing orders to prevent asset dissipation) or in cases of genuine urgency.
Worked Example 1.1
A claimant believes the defendant is about to transfer all their assets abroad to avoid paying a potential judgment. What type of interim application should the claimant make, and can it be made without notice?
Answer: The claimant should apply for a freezing injunction to prevent the defendant from disposing of assets. This application can be made without notice if giving notice would allow the defendant to dissipate assets before the order is made.
Summary Judgment Applications
Summary judgment allows a party to obtain judgment on all or part of a claim without a full trial if the other side has no real prospect of success and there is no other compelling reason for a trial.
Legal test (CPR 24.2):
- The respondent has no real prospect of succeeding on the claim or defence; and
- There is no other compelling reason for a trial.
Procedure:
- Application notice (N244) and evidence filed and served at least 14 days before the hearing.
- Respondent serves evidence at least 7 days before the hearing.
- Applicant may serve reply evidence at least 3 days before the hearing.
Worked Example 1.2
A defendant files a defence to a debt claim stating only "I dispute the amount claimed" but provides no factual or legal basis. Should the claimant apply for summary judgment?
Answer: Yes. The defence does not show a real prospect of success. The claimant should apply for summary judgment, supported by evidence that the debt is due and undisputed.
Exam Warning
The court will not grant summary judgment if there are factual disputes requiring oral evidence or if expert evidence is needed. The applicant must satisfy both limbs of the test.
Interim Injunctions
Interim injunctions are temporary orders to maintain the status quo until trial. They can be prohibitory (preventing an act) or mandatory (requiring an act).
Legal test (from American Cyanamid principles):
- There is a serious issue to be tried.
- Damages would not be an adequate remedy.
- The balance of convenience favours granting the injunction.
- No other special factors prevent the order.
Procedure:
- Application notice, evidence, and draft order.
- Usually made with notice, unless urgency or risk of injustice justifies without notice.
Worked Example 1.3
A company learns that a former employee is about to disclose confidential information to a competitor. What interim application should be made?
Answer: The company should apply for an interim prohibitory injunction to prevent disclosure of confidential information until trial.
Costs and Consequences
The court will usually order the unsuccessful party to pay the costs of the interim application. If a party fails to comply with an interim order, possible consequences include:
- Contempt of court (fines, asset seizure, imprisonment)
- Strike out of pleadings
- Adverse inferences
- Costs sanctions
- Limitation on evidence or arguments
Revision Tip
Always check the CPR and relevant Practice Directions for the specific procedural requirements and time limits for each type of interim application.
Key Point Checklist
This article has covered the following key knowledge points:
- Interim applications are requests for court orders made during ongoing proceedings, before trial.
- Common interim applications include summary judgment and interim injunctions.
- Applications are made using Form N244, with supporting evidence and a draft order.
- Most applications are made with notice; without notice is allowed only in urgent or exceptional cases.
- Summary judgment is granted where there is no real prospect of success and no compelling reason for trial.
- Interim injunctions require a serious issue to be tried, inadequacy of damages, and balance of convenience.
- Failure to comply with interim orders can result in serious sanctions, including contempt of court.
Key Terms and Concepts
- interim application
- summary judgment
- interim injunction
- with notice application
- without notice application
