You Need to Make an Interim Application
An interim application is an application made to the court during proceedings (or sometimes before proceedings are issued) for a temporary or procedural order. Common examples include injunctions, stays, and applications for disclosure.
Quick Answer
Use Form N244 (Application Notice) with a supporting witness statement and a draft of the order you are seeking. Interim applications in existing proceedings usually cost £119 (without a hearing) or £303 (with a hearing). You must normally serve the application on the other party. Urgent without-notice (ex parte) applications are possible where giving notice would defeat the purpose.
Full Explanation
CPR Part 23 governs interim applications in civil proceedings. An application notice (Form N244) must be filed at the court in which the proceedings are taking place, served on the respondent, and accompanied by a draft order (the precise terms of what you are asking the court to do) and any evidence in support (usually a witness statement).
CPR Part 25 governs interim remedies — the court has power to grant a wide range of interim orders including: interim injunctions (restraining a party from doing something or compelling them to do something pending trial); freezing orders (formerly Mareva injunctions — restraining a party from disposing of assets); search orders (formerly Anton Piller orders); interim declarations; and orders for the preservation or inspection of property.
The test for an interim injunction under CPR r.25.1 follows the principles in American Cyanamid Co v Ethicon Ltd [1975] AC 396: (1) Is there a serious question to be tried? (2) Would damages be an adequate remedy for the applicant if an injunction were refused? (3) Does the balance of convenience favour granting or refusing the injunction? The applicant must give a 'cross-undertaking in damages' — an undertaking to compensate the respondent if the injunction turns out to have been wrongly granted.
Where an application is made without notice to the other side (ex parte), the applicant is under a duty of full and frank disclosure — they must bring to the court's attention all material facts, including those unfavourable to their case. Failure to give full and frank disclosure can result in the order being set aside.
For procedural applications within proceedings (for example, an application for an extension of time, or for specific disclosure of documents), the approach is simpler. The N244 is filed with a brief witness statement explaining why the order is needed, served on all parties, and a hearing is listed. In many cases, parties agree procedural applications by consent, avoiding the need for a hearing.
Legal Basis
- §CPR Part 23 — general rules about applications for court orders
- §CPR Part 25 — interim remedies and security for costs
- §American Cyanamid Co v Ethicon Ltd [1975] AC 396 — test for interim injunctions
- §CPR r.25.3 — evidence in support of applications
What To Do
Identify the Order You Need and the Legal Basis
Be precise about what you are asking the court to do. Look at CPR Part 25 and the relevant practice direction. Draft the order in clear, specific terms — the court will usually make an order in the precise terms you propose (or amended versions thereof).
Draft Your Witness Statement
Your witness statement should set out the relevant facts clearly, identify the legal basis for the order, and explain why the order is needed. For injunctions, address the American Cyanamid criteria. For procedural applications, explain the need and the impact on the other party.
File Form N244 and Pay the Fee
Complete Form N244. File it at the court with your witness statement and draft order. Pay the fee: currently £119 for applications determined without a hearing; £303 for applications with a hearing. Apply for fee remission (EX160) if applicable.
Serve the Respondent
Serve the N244, witness statement, and draft order on the other party as soon as possible and in any event within the time directed by the court. Keep evidence of service.
Attend the Hearing
Attend the hearing prepared to present your application clearly and concisely. Bring copies of all your documents. Be ready to address any objections raised by the respondent or the judge.
Important Deadlines
Important Warnings
Without-notice (ex parte) applications impose a strict duty of full and frank disclosure — failing to disclose material facts can result in the order being set aside and a costs penalty against you.
An interim injunction requires a cross-undertaking in damages — if the injunction is later found to have been wrongly granted, you will have to compensate the other party for any losses caused by the injunction.
Applications made without giving adequate notice may be set aside on that ground — only seek without-notice relief where delay in giving notice would cause irreparable harm.