This is the second instalment of our legal jargon buster series. This article will discuss what interim applications are and explain some of the common types of interim applications.
In simple terms, interim applications are usually applications made after proceedings have been issued but before the trial.
When making an interim application, you are normally seeking guidance from the Court on a specific issue which cannot wait until trial.
The most common types of interim applications are listed below:
Extension of time
If a party thinks that they are not going to be able to meet a Court deadline, they will need to make an interim application to the Court seeking permission for an extension. This application must be made before the deadline has passed (and not afterwards).
Injunction
When making an application for an injunction, you are asking the Court to make an order whereby it orders a party to perform, or refrain from performing, a particular act.
Relief from sanctions
A relief from sanctions application is an application which is made when a party has failed to comply with a deadline and there is a sanction attached to this non-compliance. For example, when you fail to file and serve a witness statement on time, you are prevented from relying upon that witness evidence at the trial.
By making the application, you are asking the Court to grant “relief” from the sanction. The Court will apply specified factors when making its decision.
Security for costs
An application for security for costs is where you are seeking an order which requires a party to pay money into court (or otherwise) as security for their opponent’s costs of litigation. It tends to be used in circumstances where a party is impecunious or is based outside the jurisdiction and therefore there are concerns about the other party being able to pay costs which may be awarded against them.
Strike out
The Court has the power to “strike out” (i.e. dismiss) all or part of a party’s statement of case. The Court may make an order for strike out in circumstances where a party is pursuing or defending a case that has no reasonable basis or to prevent proceedings for abuse of process.
An application for strike out can also be used in the context of witness statements and expert reports. For example, the Court may decide to strike out certain paragraphs of an expert report if they are irrelevant or go beyond the scope of the expert’s permitted topic.
Summary judgment
A summary judgment is a procedure whereby a party (or the Court) can dispose of all or part of a case without a full trial. Summary judgment is used in circumstances where the claim or defence has no real prospect of success and there is no other compelling reason for a trial.
It can be a good way of dealing with proceedings more quickly and cost effectively than having a full trial.
You can read the first instalment of our legal jargon buster series here, and the third instalment here.
If you have any enquiries regarding dispute resolution matters please feel free to contact our Dispute Resolution team.