Progressing a claim - Purpose, procedure, and evidence for specific applications (summary judgment, interim payments, interim injunctions)

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Overview

In civil litigation, strategically using summary judgment, interim payments, and interim injunctions is key to progressing claims efficiently and achieving fair outcomes. These procedures are indispensable tools for legal practitioners, helping them manage the complexities of civil cases effectively. For candidates preparing for the SQE1 FLK1 exam, a solid comprehension of these applications is necessary. This article explores the purpose, procedure, and evidential requirements for each application, with exam-relevant examples illustrating their practical use in real scenarios.

Summary Judgment: Achieving Swift Resolution

Purpose and Legal Basis

Summary judgment is a method to resolve cases swiftly without a genuine dispute on key facts, promoting judicial efficiency. As outlined in Part 24 of the Civil Procedure Rules (CPR), it allows decisions without a full trial.

The standard for summary judgment, established in Swain v Hillman [2001] 1 All ER 91, is whether the defending party has a "real prospect of successfully defending the claim or issue." This is more demanding than mere arguability but less than the balance of probabilities required at trial.

Procedure

To obtain summary judgment, follow these steps:

  1. Application: Either party can apply once the defendant has acknowledged service or filed a defence.
  2. Notice: Provide at least 14 days' notice of the hearing to the respondent, per CPR 24.4(3).
  3. Evidence: Submit written evidence, usually through a witness statement or affidavit.
  4. Hearing: The judge evaluates evidence and arguments from both sides.
  5. Decision: Summary judgment is given if:
    • The claimant lacks prospects of success; or
    • The defendant has no prospects of defence; and
    • There's no compelling reason for a trial.

Evidence Requirements

Effective evidence for summary judgment includes:

  • Documentary evidence: Contracts and correspondence supporting the applicant's position.
  • Witness statements: Accounts from individuals with direct fact knowledge.
  • Expert evidence: Necessary in complex cases for technical matters.
  • Legal submissions: A clear statement of legal principles and authorities.

Example: Commercial Dispute

Company A sues Company B for £500,000 due to breach of a supply contract. Company A provides undeniable evidence of the contract, delivery, and unpaid invoices. Company B's defence simply claims they're "investigating" without offering a substantial rebuttal.

Here, Company A can seek summary judgment, asserting:

  1. The contract and payment failure are clearly evidenced.
  2. Company B lacks a credible defence.
  3. Company B cannot successfully defend the claim.

The court, after reviewing the evidence, would likely favor Company A, granting summary judgment as Company B lacks any real defence.

Interim Payments: Addressing Financial Pressures

Purpose and Legal Framework

Interim payments help claimants facing financial hardship while awaiting case resolution, especially in personal injury or clinical negligence claims. Governed by CPR 25.6-25.9, they allow partial damages to be awarded before final judgment.

Procedure

To secure an interim payment:

  1. Application: The claimant must apply using Form N244, with supporting evidence.
  2. Timing: The application can be made after the defendant acknowledges service or files a defence.
  3. Conditions: The court may allow an interim payment if:
    • The defendant admits liability;
    • The claimant has a judgment for damages to be assessed; or
    • It's likely the claimant would win substantial money if tried.
  4. Hearing: Both parties present arguments to the court.
  5. Decision: The judge decides on granting and the payment amount.

Evidence Requirements

To support an interim payment application:

  • Medical evidence: Expert reports on injuries and prognosis in personal injury cases.
  • Financial evidence: Documentation of financial hardship or urgent needs.
  • Liability evidence: Proof of the defendant's liability admission or a strong liability case.
  • Quantum evidence: Calculations showing the likely claim value.

Example: Personal Injury Claim

John, a construction worker, suffers severe spinal injuries in a job accident. He sues for negligence, seeking £1 million. Six months into litigation:

  1. The employer admits primary liability but disputes contributory negligence.
  2. Medical reports confirm John's permanent disability and care needs.
  3. John struggles to pay for essential treatment due to inability to work.

John requests a £250,000 interim payment by submitting:

  • Medical reports on injuries and needs
  • Financial statements detailing expenses
  • Evidence of admitted liability
  • Calculations showing a likely award over £750,000

Given the evidence and admitted liability, the court would likely approve the interim payment, confident that John would win a substantial amount at trial.

Interim Injunctions: Preserving the Status Quo

Purpose and Legal Principles

Interim injunctions are temporary orders that require or prevent specific actions. They maintain the status quo or prevent harm before a full trial. The principles, established in American Cyanamid Co v Ethicon Ltd [1975] AC 396, include:

  1. Determining if there's a serious issue to be tried
  2. Considering if damages are an adequate remedy
  3. Weighing the balance of convenience

Procedure

To obtain an interim injunction:

  1. Application: File a claim form and application notice (Form N244) with evidence.
  2. Urgency: In extreme cases, apply without notice.
  3. Undertaking in damages: Agree to compensate for losses if the injunction is wrongly granted.
  4. Hearing: Present arguments and evidence to the court.
  5. Decision: The judge considers American Cyanamid principles and case developments.

Evidence Requirements

Compelling evidence for an interim injunction includes:

  • Affidavits or witness statements: Facts and urgency details
  • Documentary evidence: Supporting the claim
  • Expert evidence: If relevant
  • Draft order: Setting injunction terms

Example: Intellectual Property Dispute

TechCo finds its ex-employee, Jane, using confidential client lists for a new competitor. TechCo seeks an interim injunction to stop Jane.

TechCo submits:

  1. Affidavits detailing the breach discovery
  2. Employment contract copies with confidentiality clauses
  3. Evidence of Jane's company contacting TechCo clients
  4. Expert testimony on market impact

The court would likely find:

  1. A serious issue to be tried exists, given the breach evidence.
  2. Damages may not suffice due to ongoing market harm.
  3. The balance favors TechCo, as their harm outweighs Jane’s inconvenience.

Thus, the court would probably grant the injunction to prevent Jane from using the information pending a full trial.

Conclusion

Summary judgment, interim payments, and interim injunctions are essential procedural tools in civil litigation, each serving distinct roles in advancing claims efficiently and fairly. For SQE1 FLK1 exam candidates, understanding these applications is important, covering their legal bases, procedural needs, and evidentiary standards. Learning to effectively apply these tools is key for aspiring solicitors.

Key points:

  1. Summary judgment expedites cases without factual disputes.
  2. Interim payments offer financial relief during prolonged litigation.
  3. Interim injunctions maintain the status quo or prevent harm.
  4. Each requires specific evidence and procedural compliance.
  5. Strategic use can significantly affect case outcomes.

Becoming adept in these concepts prepares candidates to handle complex civil litigation scenarios in exams and future practice.