Progressing a claim - Purpose, procedure, and evidence for s...

Learning Outcomes

This article explains the purpose, procedure, and evidential requirements for summary judgment, interim payments, and interim injunctions in civil litigation, enabling you to recognise when each application is appropriate in progressing a claim. It outlines the statutory and procedural framework in CPR 23, 24 and 25, including who may apply, when applications can be made, required forms and time limits for service of evidence. It details the legal tests the court applies on summary judgment, interim payments and interim injunctions, the different types of orders available (including conditional orders, undertakings, and freezing injunctions), and the consequences of non-compliance. It examines how to prepare and structure application evidence, anticipate and respond to common objections, and address key factors such as urgency, balance of convenience, and adequacy of damages. It reviews costs and case-management outcomes commonly arising from interim applications, helping you to predict likely directions and summary assessment of costs. It provides focused exam support by highlighting typical SQE1 question formats, traps on timing and notice, and how to apply the CPR tests to short problem scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the purpose, procedure, and evidential requirements for summary judgment, interim payments, and interim injunctions in civil litigation, with a focus on the following syllabus points:

• the purpose and test for summary judgment applications
• the procedure and evidential requirements for summary judgment (CPR 24 and PD 24), including timing and outcomes
• the grounds and process for interim payment applications (CPR 25.7 and PD 25B), including how amounts are set and adjusted
• the criteria and evidence needed for interim injunctions (including freezing injunctions) under CPR 25 and PD 25A
• timing, notice, service and undertakings for injunctions (with and without notice), and duties of full and frank disclosure
• the impact of these applications on case management, directions, and costs

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.

1. What must an applicant prove to succeed in a summary judgment application?
2. Which one of the following is NOT a ground for an interim payment order? a) The defendant has admitted liability. b) The claimant has obtained judgment for damages to be assessed. c) The claimant is likely to win at trial but liability is disputed. d) The court is satisfied the claimant would obtain judgment for a substantial sum at trial.
3. What are the three main factors the court considers when deciding whether to grant an interim injunction?
4. True or false? An application for summary judgment can be made before the defendant files a defence.

Introduction

Progressing a claim efficiently is essential in civil litigation. The Civil Procedure Rules (CPR) provide several applications to help parties resolve or manage claims before trial. The most common are summary judgment, interim payments, and interim injunctions. Each has a distinct purpose, procedure, and evidential standard. Understanding these applications is essential for SQE1 and for advising clients on litigation strategy.

Interim applications are usually made using Form N244 under CPR 23, supported by written evidence (typically a witness statement) and a draft order. Unless a specific time limit applies, application notices should be served at least three clear days before the hearing. The court commonly lists shorter interim applications (one hour or less) by telephone or video conference. Costs are frequently dealt with summarily and may be ordered on “costs in the case”, “costs in any event”, “costs reserved”, “no order”, or as “wasted costs” depending on conduct and outcome.

Summary Judgment

Summary judgment is a procedure that allows the court to dispose of all or part of a claim or defence without a full trial, where there is no real prospect of success.

Key Term: summary judgment
A court order disposing of a claim or defence before trial where the respondent has no real prospect of success and there is no other compelling reason for a trial.

Purpose

The aim is to avoid unnecessary trials where the outcome is clear. Either party may apply for summary judgment against the other. It is appropriate where the case turns on a short point of law or overwhelmingly clear facts and there is no need to hear oral evidence.

Test

The applicant must show:

• The respondent has no real prospect of succeeding on (or defending) the claim or issue; and
• There is no other compelling reason for a trial (CPR 24.2).

Key Term: real prospect of success
More than merely arguable; the case must have a realistic, not fanciful, chance of success.

Practice Direction 24 confirms that applications can be based on a point of law (including construction of a document), the evidence reasonably expected to be available at trial (or lack of it), or a combination. A “compelling reason” for trial often includes complex facts, disputed expert evidence, or credibility issues that require oral testimony.

Summary judgment is distinct from strike out under CPR 3.4. Strike out focuses on whether a statement of case discloses no reasonable grounds, is an abuse of process, or breaches rules/orders; summary judgment assesses the merits on the available material applying the two-limb test above. The court may use both powers where appropriate.

Procedure

• Application is made on notice and supported by evidence (typically a witness statement exhibiting key documents). The application and evidence must be served at least 14 days before the hearing (PD 24).
• Respondent’s evidence must be served at least 7 days before the hearing.
• Applicant’s reply evidence may be served at least 3 days before the hearing.
• The court may grant summary judgment (on all or part of the claim/defence), dismiss the application, give case management directions, or make a conditional order (e.g., requiring payment into court or filing amended statements of case).

Timing: a claimant may not apply until the defendant has filed an acknowledgment of service or a defence unless the court gives permission (CPR 24.4). Defendants may apply at any time after acknowledging service or filing a defence.

Costs: interim costs are usually summarily assessed. Common orders include “costs in the case” (deferred to the final outcome) or costs to the successful party of the application.

Evidence

The application must be supported by clear documentary or witness evidence establishing the absence of a real prospect of success and the lack of any compelling reason for trial. Exhibited contracts, correspondence, admissions, or the absence of essential proof are persuasive. Respondents must identify a specific triable issue; bare denials or general assertions are insufficient.

Worked Example 1.1

A claimant sues for unpaid invoices. The defendant files a defence stating only “I dispute the claim” with no explanation. The claimant applies for summary judgment. What is the likely outcome?

Answer:
The court is likely to grant summary judgment for the claimant. The defence does not show a real prospect of success and there is no compelling reason for a trial.

Worked Example 1.2

A defendant’s defence pleads non-payment because the goods were defective but exhibits no contemporaneous complaint, returns records, or expert evidence. The claimant applies for summary judgment and, alternatively, a conditional order. How might the court respond?

Answer:
If the defendant identifies a concrete triable issue (e.g., a disputed defect that may require expert evidence), summary judgment may be refused. However, given the lack of supporting material, the court could make a conditional order requiring the defendant to pay a sum into court or serve an expert report by a fixed date; failing compliance, judgment may follow.

Interim Payments

Interim payments allow a claimant to receive part of the damages before final judgment, where liability is clear or highly likely.

Key Term: interim payment
A payment ordered by the court to a claimant on account of damages before the final judgment.

Purpose (Interim Payments)

To relieve financial hardship and ensure claimants can meet urgent needs (e.g., rehabilitation costs) when it is clear they will recover substantial damages.

Grounds

The court may order an interim payment if one of the following applies (CPR 25.7):

• The defendant has admitted liability to pay damages or some other sum.
• The claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed.
• The court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant (this requires cogent evidence).
• The claimant seeks possession of land and the court is satisfied that, if the case went to trial, the defendant would be liable to pay the claimant a sum for occupation and use while the claim was pending.
• In a claim with two or more defendants, the court is satisfied that the claimant would obtain judgment for a substantial sum against at least one defendant, but cannot determine which, and all defendants are insured, liable under road traffic insurance arrangements, or public bodies.

Amount: any interim payment must not exceed a reasonable proportion of the likely amount of the final judgment (CPR 25.7(4)).

Procedure (Interim Payments)

• The claimant applies using Form N244, supported by a detailed witness statement and evidence (e.g., medical reports, schedules of loss, expert valuations, admissions).
• The application and evidence must be served at least 14 days before the hearing (PD 25B).
• The respondent may serve evidence at least 7 days before the hearing; the applicant may serve reply evidence at least 3 days before the hearing.
• The court decides whether to order an interim payment and, if so, the amount; it may order payment by instalments with a clear schedule.

Evidence (Interim Payments)

PD 25B requires evidence to cover:

• the sum sought by way of interim payment
• the items/matters in respect of which it is sought
• the likely sum for final judgment and reasons supporting the applicable CPR 25.7 condition
• special damages and past/future loss (personal injury claims)
• any other relevant matters (e.g., rehabilitation needs, admissions, expert valuation)
• in Fatal Accidents Act claims, details of dependants and the nature of the claim

The applicant need not demonstrate financial need, and respondents cannot resist solely by pleading lack of funds. If ordered, interim payments are credited against any final award, and overpayments must be repaid with interest; the trial judge is not told about interim payment amounts.

Worked Example 1.3

A claimant is injured at work. The employer admits liability but disputes the amount of damages. The claimant needs funds for rehabilitation. Can the court order an interim payment?

Answer:
Yes. The defendant has admitted liability, so the court may order an interim payment to the claimant.

Worked Example 1.4

There are three defendants to a serious personal injury claim arising from a multi-vehicle collision. Liability will fall on at least one insured defendant, but fault cannot yet be determined. Can the claimant obtain an interim payment?

Answer:
Potentially, yes. If the court is satisfied the claimant would obtain judgment for a substantial sum against at least one defendant but cannot determine which, and all defendants are insured or public bodies, it may order an interim payment against one or more defendants under CPR 25.7(1)(e).

Interim Injunctions

Interim injunctions are temporary court orders requiring a party to do or not do something until trial or further order.

Key Term: interim injunction
A temporary court order requiring a party to act or refrain from acting pending trial or further order.

Purpose (Interim Injunctions)

To preserve the status quo, prevent harm, or protect assets or evidence before trial. Examples include stopping ongoing trespass, preserving confidential information, preventing disposal of assets, or compelling steps to mitigate ongoing harm.

Test (American Cyanamid Guidelines)

The court considers:

1. Is there a serious question to be tried?
2. Would damages be an adequate remedy for the claimant if the injunction is not granted?
3. Where does the balance of convenience lie?
4. Are there any special factors (including preserving the status quo)?

Key Term: balance of convenience
The court’s assessment of which party would suffer greater harm from granting or refusing the injunction.

Mandatory injunctions (requiring positive action) typically require stronger merits and a careful assessment of proportionality and practicality. Prohibitory injunctions (restraining action) follow the same general guidelines.

Procedure (Interim Injunctions)

• The applicant files an application notice (Form N244), supporting evidence (usually a witness statement or affidavit), and a draft order.
• Applications may be made with notice or without notice (without notice only in cases of urgency or risk of injustice).
• The applicant must give an undertaking in damages (a promise to compensate affected parties if the injunction is later found to be wrongly granted).
• PD 25A requires supporting evidence to set out the facts relied on, all material facts (including adverse ones if without notice), and why notice was not given if applicable.
• Without notice: wherever possible, the papers should be filed at least two hours before the hearing; the court should set a prompt return date for an on-notice hearing. The order must require service of the application, evidence, and the order itself on the respondent as soon as practicable.
• Draft orders should be clear and precise. The court often includes a return date, liberty to apply, and any ancillary directions (e.g., disclosure or delivery up).

Breach of an injunction may result in contempt of court sanctions (fines, imprisonment, seizure of assets).

Evidence (Interim Injunctions)

The applicant must provide evidence of the seriousness of the issue, the risk of harm and urgency, and why damages would not be adequate. Exhibit the documents demonstrating the threatened or ongoing conduct (e.g., correspondence indicating imminent disclosure of trade secrets, asset transfers, or ongoing trespass) and any expert evidence relevant to harm or valuation.

Worked Example 1.5

A business learns a former employee is about to disclose trade secrets to a competitor. The business applies for an interim injunction without notice. What must the business show?

Answer:
The business must show there is a serious question to be tried, damages would not be adequate, and the balance of convenience favours the injunction. Evidence of the risk and urgency is required. Without notice, the applicant must give full and frank disclosure of all material facts and provide an undertaking in damages; a return date will be set for an on-notice hearing.

Key Term: freezing injunction
A prohibitory interim injunction restraining a respondent from dissipating or dealing with assets so as to render any judgment nugatory. It preserves assets pending determination.

Freezing injunctions (often sought without notice) require a good arguable case, identifiable assets within the jurisdiction (or worldwide assets where appropriate jurisdiction exists), and a real risk of dissipation. Applicants must provide a cross-undertaking in damages and give full and frank disclosure. Orders commonly bind third parties (e.g., banks) and allow reasonable living/business expenses subject to safeguards.

Search orders compel entry to premises to search for and preserve evidence at risk of destruction. They require strict safeguards, detailed supervision arrangements, and robust undertakings.

Worked Example 1.6

A claimant sues for misappropriation of funds and shows bank statements suggesting recent transfers to an overseas associate and steps to liquidate remaining UK holdings. Can the court grant a freezing injunction without notice?

Answer:
Yes, if the claimant demonstrates a good arguable case, assets within reach of the order, and a real risk of dissipation. The order would usually be made without notice with a return date, subject to a cross‑undertaking in damages and strict service and disclosure obligations. It may restrain dealings with specific accounts and notify third parties such as banks.

Exam Warning

Without notice applications are only granted in exceptional circumstances. The applicant must give full and frank disclosure of all relevant facts, including those adverse to their case.

Revision Tip

When preparing for SQE1, focus on the purpose, test, procedure, and evidence required for each application. Practice applying the tests to short scenarios.

Key Point Checklist

This article has covered the following key knowledge points:

• Summary judgment allows the court to dispose of claims or defences with no real prospect of success, avoiding unnecessary trials.
• The applicant for summary judgment must provide clear evidence and show there is no compelling reason for a trial; permission is needed if a claimant applies before the defendant acknowledges service or files a defence.
• Conditional orders may be made if a triable issue exists but there is concern about merits or compliance (e.g., payment into court or filing specified evidence).
• Interim payments provide claimants with funds before trial where liability is clear or the claimant is likely to succeed; any award must be a reasonable proportion of the likely final judgment.
• Grounds for interim payments include admissions, judgment for damages to be assessed, likelihood of substantial recovery, possession/occupation claims, and multi-defendant insured/public body cases.
• If ordered, interim payments are credited against final damages, and overpayments must be repaid with interest; the trial judge is not told the amount of any interim payment.
• Interim injunctions are temporary orders to preserve rights or prevent harm before trial. The court applies American Cyanamid: serious question, adequacy of damages, balance of convenience, and special factors.
• Without notice injunctions require urgency, full and frank disclosure, and an undertaking in damages; a return date is set for a further hearing on notice.
• Freezing injunctions restrain dissipation of assets; they require a good arguable case, assets within reach, and a real risk of dissipation, supported by a cross-undertaking in damages.
• Interim applications commonly involve short hearings (often remote) and are accompanied by summary costs orders.

Key Terms and Concepts

• summary judgment
• real prospect of success
• interim payment
• interim injunction
• balance of convenience
• freezing injunction