What Are the Reasons for Making an Application in Issued Court Proceedings?
A court application made during proceedings is known as an interim application. Parties make them if they need a judge to decide on a specific issue that arises during proceedings.
There are various reasons why a claimant or defendant might seek an interim order. They may need additional time to comply with a deadline (such as filing witness evidence), permission to amend a statement of case, or specific disclosure from the other party.
In certain circumstances, applications can be used to request interim injunctions to prevent a party from taking certain actions, or to force them to take a certain action (known as ‘specific performance’). An injunction is an incredibly serious remedy that the court will only grant if the circumstances of the case are sufficient to warrant it. For this reason, the costs involved in applying for and obtaining an injunction can be high. It is always important for an applicant to understand exactly what relief they are seeking, whether an injunction or another, less serious, remedy, before filing any application with the court..
In their application, which will normally be submitted using the N244 form, the applicant must state what order they seek and why. It will usually be appropriate for a witness statement to be filed alongside the application form. The witness statement will explain, in the applicant’s words, the background and basis for the relief sought. They should attach any relevant evidence and ensure they file the documents at the correct court. Depending on the nature of the application and its complexity, a judge is likely to schedule a hearing to deal with the request if necessary. However, they can approve the order on paper if the parties agree or the judge doesn’t deem a hearing appropriate. Where an injunction is sought, a hearing will nearly always be required.
The starting point is that an applicant must give notice of their application to the respondent by serving the sealed application form no less than 3 clear days before the hearing.
A party can make a ‘without notice’ application where they seek a remedy from the court without alerting the respondent party. The circumstances where this is likely to be appropriate are limited. An example of when a without notice application might be necessary is when seeking a freezing injunction, which means an order that prevents the respondent from dealing with their assets, primarily to ensure that they are available to satisfy a judgment debt.
A defendant in proceedings might consider making an application for “Security for Costs”. This is where the Claimant is either located outside of the jurisdiction, or is an impecunious or insolvent company. The basis for the application is to ensure that, if the defendant wins the case and the claimant is ordered to pay their costs, they have sufficient security to ensure that the claimant will be able to pay.
Parties must avoid using interim applications to delay or obstruct proceedings. An application made without merit can result in severe cost penalties and, in some situations, damage to the applicant’s case as a whole.
If you believe that making an application migh be an appropriate step for you, contact Helix Law to discuss your options and best next steps immediately. We are specialist litigation solicitors with considerable experience dealing with all kinds of applications, including injunction applications. Our commercial litigation team have successfully obtained injunctions on the same day as being instructed previously, and have obtained multiple injunctions in the same week in different matters in the High Court. We have sufficient strength in depth and experience to be well placed to assist you in what are important and powerful steps. Speed is an important factor that the court considers when dealing with an application, so be sure to contact us without delay and we will be happy to assist.