Interim applications procedure

There are numerous reasons for a Solicitor to advise a Client to file an interim Application with the Court. Civil Procedure Rule 23 sets out the general rules about applications for Court Orders.

Before any interim Application is filed there are a number of issues which should be taken into account including whether there is sufficient evidence available to support your client’s application, what the most likely results of the application will be, the cost of the application for your client and whether or not the Order is enforceable. There is no point in getting an Order which cannot be enforced.

Numerous requests can be sought in a single interim application, however, it is not advised to list to many requests in the one application. In the case of ED and F Man Commodity Advisers Ltd and another v Fluxo-Cane Overseas Ltd and others [2008] EWHC 1997 (Comm) an interim Application with 21 issues listed and 800 pages attached was deemed to be a procedural foul up.

Once you are agreed with the client the Application is to be filed the first step is to prepare the evidence available to you. This is usually done in the form of a Witness Statement with relevant annexes. Witness Statements can come from both the Client and the Solicitor.

Once the evidence had been compiled into a Witness Statement a draft Order containing the issues at hand should be drafted.

Application Notice Form N244 should be completed by the Solicitor and Witness Statements relied on attached to the form.

The Application should then be signed and issued with the Court and in the process filing Application Notice Form N244 with the evidence included in the Application or in the form of an attached Witness Statement(s) where required and the relevant Court fee.

Serve the Application Notice, including the draft order and Witness Statements in support where necessary on the respondent as soon as practicable after filing (CPR 23.7 – at least three days before the hearing)

Review the respondent’s written evidence (if any), and serve and file your Clients written evidence in reply as soon as possible.

If the Application Notice has been made with the box for a decision to be made with a Hearing then a bundle will need to be constructed, a skeleton argument and a statement of costs will need to be prepared before the Hearing.

If you are successful at the Hearing then arrange for the order to be drawn up, sealed by the Court and served on the other side.

By Michael Coyle at Lawdit Solicitors, Southampton

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