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Interim applications - hearing before procedural judges seeking directions or an order relating to civil proceedings

Key Concepts:

Terms in this set (30)

the general rules in CPR 23
an interim application should be made as soon as it is apparent it is necessary or desirable (Para 2.7 PD 23A)

- wherever possible an interim application should be made and heard at any hearing that has already been listed (Para 2.8 PD 23A) - typically a CMC.

- The interim application should generally be made to the court in which the application is proceeding CPR 23.2
Trial fixed> make the application to the trial court
Enforcement being undertaken> make application to the court undertaking enforcement
Pre-action application> make application to the court in which proceedings are likely to be commenced (CCMCC/CCBC)

1. Application notice states the intention of the party applying , should be prepared and filed at court even where the application is being filed wihout notice to the respondent. (CPR 23.1) and CPR 23.3.
Formal form and content - set out in para 2.1 PD 23A

2. Generally on notice unless there is good reason for it not to be on notice (CPR r.23.4(4))

3. If there is any subscribed deadline for making such an interim application, then the day it is received by the court is the date that it is filed with the court fee at the court CPR 23.5

4. All supporting evidence should be filed with the interim application (N244 ) Para 9.6 PD 23A unless supporting documents are already filed on the court file.

Notice requirements on respondents if on notice- serve 3 clear days on the respondent before any listed hearing (CPR r23.7(1)(b))

If to be heard by telephone, then the time for filing application notice is 5 clear days before and supporting evidence 2 clear days before.

- Draft order also filed at court and if long/complex supplied on disk (Para 12.1 PD 23A).

- supporting evidence not always required if application is for case management directions, but reasoning should be given to support reason for application.

- Provision for the court to deal with urgent applications at short notice Para 3 & 4 of PD 23A.

- Interim applications are typically heard by master or DJ but may be referred to a judge ( Para 1 PD 23A)

- A fee is payable unless eligible for a fee redemption on the basis of financial hardship

- service on the respondent by the court:- sufficient copies of all documentation to be provided.

- if the respondent wishes to rely on evidence to respond to the interim application such evidence should be served and filed at court as soon as possible para 9.4 -9.6 PD 23A.

If an application for costs is being made, the costs schedule must be served n the other party 24 hours prior and lodged at the court ( this varies from the FT trial which determines that the cost schedule N260 must be lodged 2 clear days prior).