Learning Outcomes
After reading this article, you will be able to explain the purpose, procedure, and evidential requirements for making applications for summary judgment, interim payments, and interim injunctions in civil litigation. You will understand when each application is appropriate, how to prepare and support them, and how these mechanisms can affect the progression of a claim. This knowledge will enable you to answer SQE1-style MCQs and advise clients on effective litigation strategy.
SQE1 Syllabus
For SQE1, you are required to understand the procedural tools available to progress a claim efficiently and protect clients’ interests. As you revise this article, focus on:
- the purpose and test for summary judgment applications
- the procedure and evidential requirements for summary judgment
- the grounds and process for interim payment applications
- the criteria and evidence needed for interim injunctions (including freezing injunctions)
- the impact of these applications on the conduct and outcome of litigation
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 must an applicant prove to succeed in a summary judgment application?
- 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.
- What are the three main factors the court considers when deciding whether to grant an interim injunction?
- 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.
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.
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.
Procedure
- Application is made on notice (usually after the defence is filed).
- The applicant must serve the application, supporting evidence (usually a witness statement), and a draft order at least 14 days before the hearing.
- The respondent must file any evidence in response at least 7 days before the hearing.
- The applicant may file reply evidence at least 3 days before the hearing.
- The court may grant summary judgment, dismiss the application, or make a conditional order (e.g., requiring payment into court).
Evidence
The application must be supported by clear documentary evidence, such as contracts, correspondence, or admissions. The respondent must provide evidence showing a real prospect of success, not just bare denials.
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.
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., medical expenses) 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 for damages to be assessed.
- The court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial sum of money (other than costs) against the defendant.
Procedure (Interim Payments)
- The claimant applies using Form N244, supported by a witness statement and evidence (e.g., medical reports, financial statements).
- The application must be served at least 14 days before the hearing.
- The respondent may file evidence in response at least 7 days before the hearing.
- The applicant may file reply evidence at least 3 days before the hearing.
- The court decides whether to order an interim payment and, if so, the amount (which must not exceed a reasonable proportion of the likely final judgment).
Evidence (Interim Payments)
The claimant must provide evidence of liability, the likely amount of damages, and the need for an interim payment. The court will consider admissions, expert reports, and financial documents.
Worked Example 1.2
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.
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.
Test (American Cyanamid Guidelines)
The court considers:
- Is there a serious question to be tried?
- Would damages be an adequate remedy for the claimant if the injunction is not granted?
- Where does the balance of convenience lie?
- Are there any special factors?
Key Term: balance of convenience
The court’s assessment of which party would suffer greater harm from granting or refusing the injunction.
Procedure (Interim Injunctions)
- The applicant files an application notice (Form N244), supporting evidence (usually a witness statement or affidavit), and a draft order.
- The application may be made with or without notice (without notice only in cases of urgency or risk of injustice).
- The applicant must give an undertaking in damages (promise to compensate the respondent if the injunction is later found to be wrongly granted).
- The court may grant, refuse, or vary the injunction, and will usually list a further hearing if made without notice.
Evidence (Interim Injunctions)
The applicant must provide evidence of the risk of harm, the need for urgent relief, and the inadequacy of damages as a remedy. This may include witness statements, documents showing the risk, and expert reports.
Worked Example 1.3
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.
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.
- Interim payments provide claimants with funds before trial where liability is clear or highly likely.
- The court may order an interim payment if the defendant admits liability, judgment is entered for damages to be assessed, or the claimant would likely win a substantial sum at trial.
- Interim injunctions are temporary orders to preserve rights or prevent harm before trial.
- The court applies the American Cyanamid guidelines: serious question, adequacy of damages, balance of convenience, and special factors.
- Each application requires specific supporting evidence and must follow the correct procedure.
Key Terms and Concepts
- summary judgment
- real prospect of success
- interim payment
- interim injunction
- balance of convenience
