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Interim Applications - Coggle Diagram

- - - - Potential Orders: dismissal of application (application fails, issues must continue to trial, court gives directions), dismissal of claim (if D applies and succeeds, D has 'won' and claim dismissed), judgment on claim (if C applies and succeeds, judgment entered and C 'won'), conditional order (respondent may succeed in the claim but improbable so court allows refuses summary judgment but allows to continues subject to conditions)
      - Orders can be made to this affect but in relation to a single issue in the claim, rather than the entire claim
    - - application: application notice/supporting evidence (usually witness statement) must: identify concisely any point of law which they rely, state applicant believes that on evidence, respondent has no real prospect and knows no other compelling reason
        
        application pauses the proceedings. If C applies before defence served, time to serve defence extended until after hearing (CPR 24.4(2)), If D applies, D does not have to file acknowledgement of service or defence until after hearing
      - Who/when: Claimant: After D filed acknowledgement of service/defence (or earlier with court permission) CPR 24.4. Defendant: Can apply any time after proceedings commenced. Court: Can fix hearing of own initiative (CPR 1.4(2)(c) and CPR 3.3)
        
        Ideally C/D applies before/at same time Directions Questionnaire (26 PD 5.3(1))
        
        If C fail to comply pre-action protocol, application by C will not be considered before defence filed or time for doing so expired (24 PD 2(6))
  - - - No real prospect means the position is fanciful, imaginary or false, it has to at least be arguable
      - Compelling reasons may be D needs more time to investigate, expert evidence is required, multi-party litigation, scrutiny of key docs required, D has right to trial by jury instead,
- - - - Prescribed conditions: C is resident out of the jurisdiction (but not resident in a State bound by Hague Convention) (CPR 25.13(2)(a)), C is a company and there is reason to believe it will be unable to pay the D's costs if ordered to do so (CPR 25.13(2)(c)), C has taken steps in relation to assets that would make enforcement of a costs order against it difficult (CPR 25.13(2)(g))
        
        Resident out of jurisdiction. Resident: habitual/normal residence, company is where company's central management and control exercised. Out of jurisdiction: not in England and Wales
        
        C is company and reason to believe unable to pay: must show inability to pay as well as amount of likely costs
        
        If one condition is satisfied, court has discretion to grant security for costs. Only granted if: it is just. Main consideration will be ability of respondent to comply with costs because it can restrict access to justice. If breach to C's rights disproportionate to need to protect Dis will breach article 6
      - Other grounds: C changed address since claim commenced with a view to evade consequences of litigation (CPR 25.13(2)(d)), C failed to give address in claim form (CPR 25.13(2)(e)), C acting as nominal C and there is reason to believe it will be unable to pay D's costs if ordered to do so (CPR 25.13(2)(f)). admission of liability by D or substantial offers, delay in making application
- - - - part 19 used when C adding, removing or substituting party to an existing claim
    - - Part 20 is used when D adding a party to an existing claim. This may be possible without permission of court if done around time they filed defence (otherwise usually require court application)