Deck 8: Case Management Interim Applications - General Considerations Interim Applications - Common Types

Question 1

Which is correct?
An interim application is usually initiated by filing ...

A) ... Form N1.
B) Form N 224.
C) Form N 260.
D) Form N244.

Answer 1

D

Question 2

Of the statements below, which two are not examples of an interim application?

A) An application for more time to exchange witness statements.
B) An application to amend a directions order.
C) An application to amend a statement of case after it has been served.
D) Amending a statement of case before service.
E) An application to adduce further evidence.
F) Serving a CPR Part 20 Notice with the defence.
G) A defendant's application for an additional 2 months to serve his defence.

Answer 2

D,F

Question 3

Which one of the following is not an example of an interim application?

A) An application for more time to exchange witness statements
B) An application to amend a directions order
C) An application to amend a statement of case after it has been served
D) Amending a statement of case before service
E) An application to adduce further evidence

Answer 3

D

Question 4

Which is correct?
There should not be a need, or it will not be advisable, to make many interim applications in an action because …

A) the cost of making them will disproportionately increase the costs for the client.
B) the court manages the progress of a case and therefore there is little point in legal representatives seeking to modify the directions made for their clients.
C) case management, track guidelines and the need for proportionality and cooperation make it less likely that interim applications will be made.
D) in defended cases there will never be a need to make an interim application as the court will set the directions and hear any representations by both parties at the allocation hearing.

Question 5

Which is most accurate?
An interim application should be made …

A) as soon as the need for it has been identified and usually after giving your opponent the chance to agree to the application.
B) at the allocation hearing.
C)and the opponent should be asked to accede to the request and warned that the application will be made at the trial and be reserved to the trial. At that time the trial judge will consider the consequences of the opponent not acceding to the request at the earlier stage.
D) at the nearest next hearing of the case at either an allocation hearing or a subsequent CMC.

Question 6

Which is correct (or the most accurate)?
Most interim application hearings will be heard …

A) before a district judge.
B) before the judge allocated to the case.
C) by the district judge at a telephone conference hearing.
D) by a court officer appointed to hear interim applications.

Question 7

Which is not correct?
Interim applications should generally be made 'on notice' except when …

A) a court order permits the application to be without notice.
B) a CPR permits the application to be without notice.
C) the need for secrecy necessitates that the application is without notice.
D) a PD permits the application to be without notice.

Question 8

Which is not correct?
Help with the procedure for making an interim application can be found …

A)in the CPR dealing with the application.
B) in CPR 9.
C) in Procedural checklists 20 and 21.
D) in the general provisions contained in CPR 23.

Question 9

Which is most accurate?
What significant duty is imposed by the courts on the applicant of a without notice interim application?

A) A duty of full and frank disclosure.
B) A duty to keep the costs of the application within proportionate levels.
C) A duty to inform the opponent of the application at the first opportunity.
D) A duty to keep the client fully informed.

Question 10

Which is not likely to be correct?
The application for an interim application listed with a hearing date or a telephone hearing appointment …

A) should be served by you on your opponent at least 3 days before the hearing date or telephone appointment date.
B) should be served by you on your opponent at least 7 days before the hearing date or telephone appointment date.
C) should be served by you on your opponent as soon as possible after receiving notice of the hearing date or telephone appointment date.
D) need not be served by you as the court will serve the other party to the hearing or telephone appointment date.

Question 11

Which is least likely to be an option that will be used?
The evidence in support of an interim application may be …

A) provided in Part C of the application notice where sufficiently full factual information can be given.
B) contained within a statement of case (that is supported by a statement of truth) already filed at court.
C) contained within a witness statement supporting the application.
D) contained within an affidavit supporting the application.

Question 12

Which of the following is most accurate?
A draft of the order sought should be included with the documents submitted to the court with any application for an interim order …

A) in every application.
B) in every application accompanied with a disk with the draft order contained on it.
C) in most applications .
D) in most of the complex applications

Question 13

Which statement is not correct?
At the hearing or in the telephone conference call for an application, the court may …

A) review the conduct of the case as a whole as well as consider the interim application.
B) allow members of the public access to the room where the hearing is being heard.
C) make a note or a tape recording of the hearing and the decision made, as well as a note of the reasons for it.
D) always make a summary assessment of the costs of the application.

Question 14

Which is correct?
In an application for summary judgment by the claimant the claimant will need to show that …

A) the defendant either has no defence to the action or the defence that has been filed does not amount to a legal defence to the claim.
B) the defendant has no real chance of succeeding in his defence.
C) the defendant has no real chance of succeeding in his defence and there is no other reason why the claim should be heard at trial.
D) the defence filed or the defence alluded to in pre-action correspondence shows no realistic or viable defence