Learning Outcomes
After reading this article, you will be able to identify and apply the key principles governing interim applications in civil litigation. You will understand the main types of interim applications for the SQE2 exam, including their procedural requirements, typical scenarios, supporting evidence, and possible court outcomes. You will also recognise important terms and spot common pitfalls that arise in practice when dealing with interim applications.
SQE2 Syllabus
For SQE2, you are required to understand the main interim applications most commonly encountered in civil proceedings. Your revision should focus specifically on the following key points:
- The procedural requirements and steps for making interim applications under the Civil Procedure Rules (CPR)
- The purpose and usage of summary judgment applications
- The process and requirements for applications for interim payments
- The procedure, grounds, and evidence required for applications for interim injunctions (including urgent and without notice applications)
- The need for supporting evidence and draft orders
- Service requirements and situations where applications may be made with or without notice
- Court outcomes, possible costs consequences, and the need for tactical awareness
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the difference between an application for summary judgment and an application for interim payment?
- When can an interim application be made without notice to the other party?
- What supporting documents must typically be filed with an interim application?
- Which of the following are possible outcomes of an application for summary judgment? a) The whole claim is dismissed b) The application is dismissed and the claim continues c) The order is made on a conditional basis d) All of the above
Introduction
Interim applications are requests made to a civil court for orders or directions before the trial of a claim. For the SQE2, you should understand the main types of interim applications, how to prepare and support them, and when they are likely to be granted. This section covers general procedure, with a focus on summary judgment, interim payments, and interim injunctions, as required by the SQE2 syllabus.
Key Term: interim application
An application made to the court for an order at any stage after the claim is started and before final judgment.
Making an Interim Application: Procedure and Requirements
Interim applications are governed by CPR Part 23 and relevant Practice Directions. Unless a specific rule states otherwise, any party to proceedings can make an interim application at any point until final judgment.
Applications are usually made on the court's standard form (N244), which must state the order being sought and the grounds for the application. Applications must be accompanied by supporting evidence, typically in the form of a witness statement (or sometimes an affidavit), and a draft order setting out precisely what order is being requested. The application is usually served on all other parties at least three clear days before the hearing, unless another rule or the court directs otherwise.
Key Term: draft order
A proposed text of the order being sought, provided to aid the court in understanding and making the order requested in the application.
Applications With or Without Notice
Most applications must be made "with notice" to the other party, enabling them to prepare and serve evidence in response and to attend the hearing. Some applications, however, may be made "without notice"—but only in limited circumstances, such as exceptional urgency, where notification would defeat the purpose (for example, some injunctions), by consent, or if the Rules specifically allow.
If an application is made without notice and the court makes an order, the applicant must serve the order and supporting evidence on the respondent as soon as possible, including an explicit statement of the right to apply to vary or set aside the order (CPR 23).
Key Term: without notice application
An interim application made to the court without prior notification or service on other parties. Allowed only where the Rules permit or if justified by urgency or risk.Key Term: supporting evidence
Documentary proof filed with an application, usually in the form of a witness statement or affidavit, setting out facts relied on for the order sought.
Summary Judgment Applications
Key Term: summary judgment
A court procedure for disposing of a claim or issue where the respondent has no real prospect of success and there is no other compelling reason for a trial.
A party may apply for summary judgment against an opposing party if that party has "no real prospect" of succeeding on the claim or defence, and there is no other good reason for a trial. A summary judgment application can be made after the claim has been acknowledged or a defence filed. The application must be supported by evidence showing why there is no real prospect of success, and must be served at least 14 days before the hearing. The respondent must file and serve evidence in response at least 7 days before the hearing.
Possible outcomes are: judgment for the applicant (part or all of the claim or defence is struck out), dismissal of the application (so the claim or defence proceeds), or a conditional order (for example, requiring security for costs or further evidence).
Worked Example 1.1
Olivia, a claimant, sues Malik for unpaid invoices. Malik files a defence which states only that he "disputes the invoices". Olivia applies for summary judgment. What must the court consider, and what is likely to happen?
Answer:
The court must consider if Malik has a real prospect of defending the claim and if there is any other reason for a trial. A bare denial is not a real prospect—judgment for Olivia is likely.
Exam Warning – Summary Judgment
Summary judgment should only be granted where the evidence shows no real defence or claim. Mere technical flaws, or cases involving disputed facts or the need for witness credibility assessments, are not appropriate for summary judgment.
Interim Payment Applications
Key Term: interim payment
A payment ordered by the court in advance of final judgment, on account of the amount likely to be awarded to the claimant.
A claimant can apply for an interim payment on account of damages or a specified sum if:
- the defendant has admitted liability;
- the claimant has obtained a judgment for damages to be assessed;
- the court is satisfied that the claimant would obtain judgment for a substantial sum if the case went to trial.
The application must be supported by evidence (CPR 25), including the amount sought, what it is for, and the evidence justifying the request. As with summary judgment, the application must usually be served at least 14 days before the hearing. The respondent must file any evidence in response at least 7 days before the hearing.
Outcomes may be an order for a lump sum or installments, a refusal, or a deferred decision pending further evidence. The court must consider the risk of overpayment, and any sum awarded must not exceed a reasonable proportion of the likely final award.
Worked Example 1.2
Sam files a personal injury claim after a traffic accident. The defendant has admitted liability, but the amount of damages will not be decided for months. Sam is struggling financially. What order might help, and what must be shown for it to be granted?
Answer:
An application for an interim payment could be made. Sam must show an admission of liability (or meet another permissible ground), and provide evidence that a substantial sum is likely to be awarded.
Interim Injunction Applications
Key Term: interim injunction
A temporary order requiring a party either to do or not do something until trial or further order.
Applications for interim (pre-trial) injunctions (CPR 25) allow a party to obtain a temporary order requiring an opponent to act or to refrain from certain actions until the trial or further order. Typical purposes include preserving assets, preventing dissipation of funds, or stopping a party from breaching specific obligations or causing threatened harm.
To obtain an interim injunction, the applicant must show there is a serious issue to be tried, damages would not be an adequate remedy, and the balance of convenience favours the grant of an order. The application is usually made with notice, but can exceptionally be made without notice in urgent or secrecy situations. A draft order and supporting evidence (usually a witness statement or affidavit) must be filed. The court normally requires the applicant to provide a cross-undertaking in damages (an undertaking to compensate the respondent if the order turns out to have been wrongly granted).
Key Term: cross-undertaking in damages
A binding promise by the applicant for an injunction to pay the respondent compensation if later found the order should not have been made.
Worked Example 1.3
Taylor, a claimant, fears that the defendant is about to transfer all funds overseas and put them out of reach in a contract dispute. Taylor urgently applies for an interim injunction to freeze the defendant's bank accounts. What must Taylor show?
Answer:
Taylor must provide evidence of a serious risk the defendant will dissipate assets before judgment, that damages would not be an adequate remedy, and that the balance of convenience supports the order. Swift action and strong evidence are needed for a freezing injunction.
Exam Warning – Interim Injunctions
Interim injunctions are discretionary. Always consider whether damages would suffice, whether the urgency is genuine, and ensure full and frank disclosure in without notice applications. Failure to do so may result in both costs sanctions and discharge of the injunction.
Tactical Considerations and Costs
The outcome of an interim application may strongly affect the direction of litigation. Costs usually follow the event: the successful party in an interim application is typically awarded their costs of the application, assessed summarily by the judge at the end of the hearing. However, the court has discretion and may, for example, reserve costs to the trial or make "no order as to costs" if appropriate.
Key Term: summary assessment
The court's quick, on-the-spot determination of costs for a specific interim application or short trial/hearing.
Revision Tip
For the SQE2, you will be expected to spot when an interim application is appropriate, identify supporting evidence, and advise your client on timing, procedure, and potential outcomes. Always check for urgent situations that justify without notice applications.
Key Point Checklist
This article has covered the following key knowledge points:
- Definition and function of interim applications in civil procedure
- Procedure and required documents (application notice, evidence, draft order)
- Difference between with notice and without notice applications; when each is appropriate
- Key principles and steps for making applications for summary judgment, interim payments, and interim injunctions
- Required evidence and service deadlines for each application
- Costs outcomes and tactical considerations when making or opposing an interim application
- Importance of acting promptly, fully disclosing facts, and using conditional orders if appropriate
Key Terms and Concepts
- interim application
- draft order
- without notice application
- supporting evidence
- summary judgment
- interim payment
- interim injunction
- cross-undertaking in damages
- summary assessment