Civil claim procedures - Interim applications

Learning Outcomes

This article outlines the procedure and strategic use of interim applications in civil litigation, covering:

• The core categories of applications for SQE2: summary judgment, interim payments, and interim injunctions, with their purposes and governing CPR/Practice Directions
• The required documents and steps: N244 application notice, draft order, supporting evidence (witness statements/affidavits), and service deadlines (three clear days; 14/7/3 day timetables)
• When to proceed with or without notice, urgency justifications, full and frank disclosure, and return-date practice
• The summary judgment test, conditional orders, and how it differs from strike-out under CPR 3.4
• Grounds for interim payments under CPR 25.7, calculation of a reasonable proportion, multi-defendant insured/public body route, and installment orders
• Principles for interim injunctions, cross-undertakings in damages, and key forms such as freezing and search orders
• Practical advocacy points: hearing formats (paper/telephone/video), skeleton arguments and case summaries, and selecting the best witness to give evidence
• Costs and tactics: likely court outcomes, summary assessment, common costs orders, and the risks of wasted costs or adverse conditions

SQE2 Syllabus

For SQE2, you are required to understand the main interim applications most commonly encountered in civil proceedings, with a focus on the following syllabus 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.

1. What is the difference between an application for summary judgment and an application for interim payment?
2. When can an interim application be made without notice to the other party?
3. What supporting documents must typically be filed with an interim application?
4. 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.

The application is made to the court where the claim is proceeding (or has been transferred for trial) and will usually be listed before a District Judge in the County Court or a procedural judge in the High Court. If a hearing is already listed (for example, a case management conference), parties should consider having the application heard at that hearing to save time and costs in line with the overriding objective.

Form N244 requires the applicant to identify:

• the order sought and reasons (CPR 23.6),
• the level of judge and time estimate,
• whether a hearing is requested (or the application is suitable to be decided on the papers or at a telephone/video hearing),
• who should be served,
• whether a draft order is attached,
• and what evidence is relied on.

Where matters relied on in the application notice itself constitute evidence, the notice must be verified by a statement of truth (CPR Part 22). In the High Court, a skeleton argument is often provided for more substantial applications; in simpler or urgent applications, this may be dispensed with. The court may also require a short case summary (particularly in multi-track applications) to assist in identifying the issues to be determined.

As a practical point, supporting witness statements should be made by the person best placed to give the relevant factual evidence. Technical applications (for example, amendment of statements of case) may be supported by a solicitor’s statement; factual applications (for example, interim payment in a personal injury claim) may be better supported by the client. Exhibiting relevant documents (contracts, medical reports, invoices, correspondence) helps the court assess the merits without oral evidence, which is rarely taken on interim applications.

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.

Service of the application and evidence must comply with time limits. Unless a specific rule states otherwise, the application and any written evidence must be served at least three clear days before the hearing (CPR 23.7). "Clear days" excludes the day of service, the day of the hearing, weekends, and bank holidays. In practice, parties should allow sufficient time for deemed service if using post; otherwise, email service (where permitted) may be prudent. Many interim hearings of one hour or less are conducted by telephone or video, save for exceptions (such as without notice applications or where a party is unrepresented). Where directed, parties must file and serve any required case summary and draft order no later than 4.00 p.m. at least two days before the hearing.

Consent applications can be determined on the papers without attendance where parties agree the terms and provide adequate material to justify the order. This approach saves time and costs.

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.

PD 23A identifies scenarios where making an application without serving the application notice may be justified. These include exceptional urgency, furthering the overriding objective (for example, where immediate relief is needed to prevent serious harm), by consent, with the court’s permission, or where a party seeks to raise an application at an already fixed hearing but cannot reasonably serve formal notice in time (the party should notify the court and the other party informally and make the application orally at the hearing).

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 respondent’s right to apply to vary or set aside the order—typically within seven days of service. An urgent without notice hearing may be listed with short lead times; unless secrecy is essential, the applicant should take steps to notify the respondent informally.

A party making a without notice application must give full and frank disclosure, drawing the court’s attention to all material facts, including adverse points the absent respondent might raise. Failure to do so risks the injunction being discharged and costs sanctions.

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.

Under CPR Part 24, 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 compelling reason for a trial. The test is conjunctive: both limbs must be satisfied. "No real prospect" is a robust filter; the court asks whether there is a realistic (as opposed to fanciful) prospect of success. Even where a case appears weak, if there is a real (more than fanciful) prospect of success, the application will fail.

Compelling reasons for a trial commonly include complex factual disputes requiring oral evidence, issues of expert evidence, disputes turning on credibility, or the need for a full evaluation of the legal framework. The focus is on whether the dispute can be fairly resolved without a trial.

Timing: a summary judgment application can be made after the claim has been acknowledged or a defence filed. For a claimant to apply before the defendant’s acknowledgment or defence, the court’s permission is required. The application must be supported by evidence and must be served at least 14 days before the hearing; the respondent must file and serve any evidence at least 7 days before, and the applicant may serve evidence in reply not later than 3 days before the hearing.

The supporting evidence should address both the lack of a real prospect and the absence of any compelling reason for trial. Where appropriate, applicants sometimes combine summary judgment with strike-out under CPR 3.4. Strike-out is available where a statement of case discloses no reasonable grounds, is an abuse of process, or there has been a failure to comply with rules or orders. Summary judgment focuses on the merits; strike-out addresses pleading deficiencies or procedural abuse. In practice, the two applications may be combined, and the court’s powers overlap.

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 payment into court, security for costs, or amendment of the statement of case).

Conditional orders are a flexible response where the respondent’s case is borderline but not fanciful. The court may require the respondent to take specified steps (such as serving further particulars, giving disclosure, or paying money into court) to allow the matter to proceed. Failure to comply can lead to judgment or striking out.

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.

Worked Example 1.2

Elliot faces a summary judgment application in a professional negligence claim. Elliot’s defence raises technical issues about causation that will require expert evidence. Can the matter be disposed of summarily?

Answer:
The need for expert evidence can be a compelling reason for trial. If the defence identifies genuine technical issues on causation needing expert evaluation, the court is likely to dismiss the summary judgment application or make a conditional order directing expert evidence rather than granting judgment.

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. Consider whether strike-out (CPR 3.4) is more suitable if the pleading itself is defective.

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 under CPR 25.7 if one or more of the following conditions are met:

• the defendant has admitted liability to pay damages or another sum of money;
• the claimant has obtained judgment for damages to be assessed or for a sum of money (other than costs) to be assessed;
• the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant;
• in possession claims, the court is satisfied the defendant will be liable to pay for occupation and use while the claim is pending (even if possession fails);
• in a multi-defendant claim, the court is satisfied the claimant would obtain judgment for a substantial amount against at least one defendant (but cannot determine which), and all defendants are insured, covered by compulsory motor insurance arrangements, or are public bodies.

The application must be supported by evidence (CPR 25 and PD 25B), including:

• the amount sought and the items or matters in respect of which the payment is sought,
• the sum likely to be awarded at final judgment and the reasons for that estimate,
• the grounds under CPR 25.7 that are satisfied,
• any other relevant matters,
• for personal injury claims, details of special damages and past and future loss (a schedule of loss is usually exhibited),
• for Fatal Accidents Act claims, details of the person(s) on whose behalf the claim is made and the nature of the claim.

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, and the applicant may serve any reply evidence not later than 3 days before. There is no requirement to show financial need, and the respondent cannot oppose merely by pleading impecuniosity.

Outcomes may be an order for a lump sum or installments, a refusal, or a deferred decision pending further evidence. Any sum awarded must not exceed a reasonable proportion of the likely final award, taking into account contributory negligence where relevant. If installments are ordered, the court will specify the total, the amount and date for each installment, the number of installments, and to whom payment is to be made.

The court seeks to avoid injustice. In multi-defendant cases under the insurance/public body route, the order may be calibrated to minimise the risk of overpayment. If at trial the claimant’s final award is less than the interim payment received, the claimant will need to repay the excess with interest from the date of the interim payment. Conversely, if the final award exceeds the interim payment, the payment will be set off against the trial award. The trial judge is not told about interim payments or their amounts to avoid prejudice.

Interim payment applications are commonly combined with summary judgment where liability is clear but quantum is to be assessed. Timing is important: an interim payment cannot be sought until after the time for acknowledging service has expired, but more than one application may be made during the proceedings if justified.

Worked Example 1.3

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. The court will then assess a reasonable proportion of the likely damages, considering any contributory negligence, and may order payment as a lump sum or installments.

Worked Example 1.4

A claimant sues two defendants after a serious accident. The claimant cannot show which defendant will be liable, but both are insured. Can the court make an interim payment order against one or both defendants?

Answer:
Yes, under CPR 25.7(1)(e), the court can order an interim payment where it is satisfied that the claimant would obtain judgment for a substantial sum against at least one defendant but cannot determine which, and all defendants are insured or public bodies. The court will assess a reasonable proportion to avoid injustice.

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 injunctions (CPR 25) allow a party to obtain a temporary order requiring an opponent to act or to refrain from certain actions until trial or further order. Typical purposes include preserving assets, preventing dissipation of funds, protecting confidential information, or stopping a party from breaching specific obligations or causing threatened harm. Interim injunctions may be prohibitory (restraining conduct) or mandatory (requiring steps to be taken). Orders may be made before, or shortly after, proceedings are commenced where the court is satisfied relief is just and convenient.

Practice Direction 25A sets out procedural guidance. The application notice must state the nature of the order sought, the date, time, and place of the hearing, and should be served no later than three days before the hearing where made on notice. A draft order should be filed wherever possible.

Evidence must be provided by witness statement or verified statement of case; in some categories of injunction (for example, freezing injunctions and search orders), the court may require evidence by affidavit due to their intrusiveness. The evidence must set out all material facts, including why notice was not given if the application is without notice. Urgent applications may be issued and heard on short notice; where a hearing is arranged urgently without formal filing, the application notice and evidence must be filed on the same or next working day, and except where secrecy is essential, steps should be taken to notify the respondent informally.

Substantive principles: the court will consider whether there is a serious issue to be tried (the claim is not frivolous or vexatious), whether damages would be an adequate remedy for the applicant (and whether the respondent could satisfy them), and where the balance of convenience lies. Other factors include preserving the status quo ante, relative hardship to each party, and any special considerations (such as public interest or risk of irreparable harm). Interim injunctions are discretionary; equitable principles apply.

The court normally requires the applicant to provide a cross‑undertaking in damages (an undertaking to compensate the respondent and sometimes third parties if the order turns out to have been wrongly granted). Orders made without notice will include undertakings to serve the application, evidence, and order promptly, and will include a return date for a further hearing at which the respondent can attend to argue for discharge or variation. Orders made before an application notice or claim form is filed will include undertakings or directions to file and pay the appropriate fee on the same or next working day.

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.

Freezing injunctions (asset preservation orders) restrain a respondent from dissipating assets to ensure the enforceability of a future judgment. The applicant must show a good arguable case, the existence of assets, and a real risk of dissipation before judgment. The order may bind third parties (e.g., banks) within the jurisdiction once notified, and the respondent will usually be permitted access to funds for reasonable living expenses and legal advice. As freezing orders are intrusive, the court will scrutinise evidence closely, and affidavit evidence is common.

Search orders (formerly known as Anton Piller orders) permit entry to the respondent’s premises for a supervised search to preserve evidence at risk of destruction. The applicant must generally show a strong prima facie case, serious potential harm if the order is not made, and clear evidence that the respondent has incriminating material which cannot be obtained by other means. The order will typically appoint an independent supervising solicitor, set strict safeguards, and require undertakings from the applicant’s solicitor.

Worked Example 1.5

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 good arguable case on the merits, that the defendant has assets within the jurisdiction, and that there is a real risk of dissipation before judgment. The court will consider whether damages would be adequate, the balance of convenience, and will likely require a cross-undertaking in damages. Swift action and strong affidavit evidence are needed for a freezing injunction.

Worked Example 1.6

A company suspects a former employee has removed a laptop containing confidential designs and will destroy data if warned of proceedings. Can an interim injunction assist before trial?

Answer:
A search order combined with a prohibitory injunction restraining use of confidential information may be appropriate. The applicant should provide affidavit evidence showing a strong case, serious potential harm, and a real risk of destruction, seek urgent relief (potentially without notice), offer a cross-undertaking in damages, and comply with safeguards including appointment of an independent supervising solicitor.

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. Orders must include appropriate undertakings and a prompt return date.

Tactical Considerations and Costs

The outcome of an interim application may strongly affect the direction of litigation. The court will expect parties to cooperate and to use interim applications proportionately to progress the case under the overriding objective. Consider whether issues can be resolved by consent or at an already listed hearing to reduce costs.

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 trial, make "no order as to costs", or order costs in the case. The court may also make wasted costs orders where representatives have caused costs to be incurred improperly or unreasonably.

Key Term: summary assessment
The court's quick, on-the-spot determination of costs for a specific interim application or short trial/hearing.

Common interim costs orders include:

• costs in any event (the successful applicant recovers costs regardless of the eventual trial outcome),
• costs in the case (the costs of the application follow the final costs order at trial),
• costs reserved (decided later; if not decided, they follow costs in the case),
• no order as to costs (each party bears their own costs),
• wasted costs (against the legal representative for improper conduct).

Where a hearing has lasted less than a day, costs will generally be summarily assessed unless there is good reason not to do so. To enable summary assessment, parties must file and serve a statement of costs (often on Form N260) at least 24 hours before the hearing. The court will decide whether costs are assessed on the standard basis (doubt resolved in favour of the paying party; proportionality applies) or the indemnity basis (doubt resolved in favour of the receiving party; proportionality is less central), having regard to conduct and all the circumstances.

The court may impose conditions (for example, "unless orders") or make adverse costs orders if an application is unreasonably made or opposed. Tactical awareness includes anticipating whether the court may order security or payment into court on conditional orders and advising clients on the risks of failing to comply.

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. Prepare persuasive, complete written evidence: interim hearings are determined largely on the papers, and gaps in evidence rarely get cured at the hearing.

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