Interim Applications

Introduction

An **interim application** is an application made in the **interim period** — after the **issue of proceedings** and **before the trial**. There are many reasons why a party may consider it necessary to apply to the court, but most commonly the aim is to ensure that the case proceeds **as quickly and efficiently as possible**, in accordance with the **overriding objective**, and to **secure their necessary legal interests** while the case progresses. This chapter explains the **procedure for making an application** (Form N244, the application notice, draft order, supporting evidence and service) under **CPR Part 23**, and then examines three of the most important interim remedies for SQE1: **summary judgment** (CPR Part 24), **interim payments** (CPR Part 25) and **injunctions**.

Assessment focus

For the SQE1 FLK1 assessment, you must be able to **apply** the interim-application rules to a realistic client scenario rather than merely recall them. The most heavily examined areas are: (i) the **procedural mechanics** of Part 23 (which form, what the notice must contain, the **draft order**, supporting **evidence**, and the **three-day** service rule); (ii) **summary judgment** under Part 24 — the **'no real prospect of success'** test, who may apply and when, the **notice and evidence timetable** (14 / 7 / 3 days), and the **orders** the court can make (including a **conditional order**); and (iii) **interim payments** under Part 25 — the **earliest time** to apply, the **14-day** service rule, the supporting evidence required, and the rule that **no need or prejudice** must be shown (*Stringman v McArdle*). Questions are single best answer questions (SBAQs); this is a **closed-book** assessment, so the CPR rule numbers and time limits must be memorised.

Study tips

1) Memorise the **time limits** as a set: application notice served **at least 3 days** before the hearing (CPR r 23.7(1)(b)); summary judgment hearing — **14 days'** notice (CPR r 24.4(5)), respondent's evidence **7 days**, applicant's reply **3 days** (CPR r 24.5); interim payment application notice and evidence served **at least 14 days** before the hearing (CPR r 25.21(3)). 2) Learn the **N244 / applicant / respondent** vocabulary cold. 3) For summary judgment, remember the **'no real prospect of succeeding ... and no other compelling reason'** test (CPR r 24.3) and that the **claimant** must wait until the defendant has filed an acknowledgement of service or defence, whereas the **defendant** may apply at any time. 4) Distinguish **summary judgment** from **default judgment** and from **strike out** — a common SQE trap. 5) Remember that an interim payment applicant **need not** show need or prejudice (*Stringman v McArdle* [1994] 1 WLR 1653). 6) Know the **three injunctions**: **prohibitory, mandatory and quia timet** — all **equitable** remedies, discretionary, unlikely where damages are an adequate remedy, and requiring **locus standi**.