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Flashcards in Interim Applications and Injunctions Deck (59)
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1

Where should applications generally be made?

The court or hearing centre where the claim was started.

2

If a claim has been transferred to another court since started, where should an application be made to?

The court it was transferred to, unless there is a good reason to make the application to a different court.

3

Where should an application be made if the claim has not yet been started?

The court where the claim is likely to be started, unless there is good reason otherwise.

4

An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless...

...any enactment, rule or practice direction provides otherwise.

5

If an application is made after proceedings to enforce judgment have begun, it must be made to the court or County Court hearing centre which is dealing with the enforcement of the judgment...

...unless any enactment, rule or practice direction provides otherwise.

6

When can an applicant make an application without filing an application notice?

Where permitted by a rule or practice direction;

Where the court dispenses with the requirement for an application notice.

7

Must application notices be served on each respondent?

Generally yes, unless a rule, PD or court order says otherwise.

8

What must an application notice include? (not the individual docs)

What order the applicant is seeking; and

Why the applicant is seeking the order.

9

When must an application notice be served?

As soon as practicable after it is filed; and

At least 3 days before the court is to deal with it, unless Rules or PD specify otherwise.

10

What should accompany the application notice during service?

Written evidence in support

Any draft order which Applicant has attached

11

TRUE or FALSE. Where notice is served but the period of time is shorter than required, the court must reject the application.

FALSE. The court may direct that, in the circumstances, sufficient notice has been given.

12

The court may deal with an application without a hearing if—

(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

(c) the court does not consider that a hearing would be appropriate.

13

A person who was not served with a copy of the application notice before a r239 order may apply to...

How long do they have to make this application?

...have the order set aside or varied.

Must do so within 7 days after the date on which the order was served on the person making the application.

14

May the court proceed in the absence of either the applicant or respondent at the hearing?

Yes.

15

When dismissing an application for lack of merit, what must the court do?

The court order must record that fact.

The court must consider whether a civl restraint order is appropriate.

16

An application may be made without serving an application notice only:

Where there is exceptional urgency;

Where the overriding objective is best furthered by doing so;

By consent of all parties;

With the permission of the court;

Where paragraph 2.10 applies;

Where a court order, rule or PD permits.

17

Where there is to be a telephone hearing, the application notice must be served as soon as practicable after issued, and in any event at least...

...5 days before the date of the hearing.

18

What is an injunction?

A court order prohibiting a person from doing something or requiring a person to do something.

19

When can the High Court grant an injunction?

In all cases where it appears to the court to be just and convenient to do so.

20

TRUE or FALSE. Courts are more reluctant to grant mandatory injunctions than prohibitory injunctions.

TRUE.

21

What is an undertaking?

A solemn promise which a litigant volunteers to the court.

22

Can interim declarations, as opposed to interim injunctions, be made?

Yes.

23

When can an order for an interim remedy be made?

What are the exceptions?

At any time, including before proceedings have started and after judgment has been given.

Exceptions:

- where a rule, PD or enactment provides otherwise

- interim remedy can only be made before a claim if the matter is urgent or desirable in interests of justice.

- unless the court orders otherwise, D cannot apply for a r25.1 order before filing an ackowledgement of service or a defence.

24

Can interim hearings be in private?

Yes, but generally they should be in public.

25

Can a defendant be sent to prison for breach of an interlocutory injunction?

Yes.

26

What are three key questions to be considered, as per American Cyanamid Co?

Is there a serious question to be tried?

Would damages be an adequate remedy for a party injured by the court's grant of, or failure to grant, an injunction?

If not, where does the balance of convenience lie?

27

Should conflicts of evidence be resolve during interlocutory hearings?

No. that is for the main trial.

28

What is the balance of convenience about?

Weighing the potential harm against a defendant who does not get an injunction (where damages inadequate) against the harm caused against a defendant who would be wrongly prevented from performing an act which they are legally entitled to perform.

29

TRUE or FALSE. The great object when hearing interlocutory injunction hearings is to abstain from expressing any opinion on the merits of the case until the hearing.

TRUE.

30

When determining the grant of interim injunctions, what are the three additional guidelines considered in Fellowes & Son v Fisher?

1. Preserve the status quo

2. Relative strength of each party's case

3. other special factors