Interim applications (summary judgment, interim payments, injunctions, security for costs)

DR.06 — Interim Applications

Interim applications are made on notice (Form N244) supported by evidence, governed by CPR Part 23. The court's general management power is CPR r.3.1. All orders serve the overriding objective (r.1.1).

Summary judgment (CPR Part 24)

• Test (r.24.3): the claimant/defendant/issue has no real prospect of success AND there is no other compelling reason for a trial.
• "Real" means realistic, not fanciful (Swain v Hillman; Easyair v Opal Telecom). The court does not conduct a mini-trial.
• Either party may apply (or the court of its own initiative). A claimant cannot apply until the defendant has filed an acknowledgment of service or defence.
• Trap: distinguish from strike-out (r.3.4) — strike-out targets statements of case disclosing no reasonable grounds/abuse; SJ targets evidential merits. Often pleaded together.

Interim payments (CPR Part 25, Section II — rr.25.21–25.27, renumbered 1 Oct 2023)

• An advance payment on account of damages the claimant is likely to recover.
• Grounds (r.25.23): defendant admitted liability; judgment already obtained; OR the court is satisfied the claimant would obtain a substantial sum at trial (or, in possession claims, specific tests).
• Cap (r.25.23(3)): must not exceed a reasonable proportion of the likely final judgment, accounting for contributory negligence and set-offs.
• Trap: the application/fact of payment is not disclosed to the trial judge until liability and quantum are decided (r.25.26).

Injunctions (s.37 Senior Courts Act 1981; CPR Part 25)

• Test: American Cyanamid v Ethicon — (1) a serious question to be tried; (2) damages an inadequate remedy for the claimant; (3) balance of convenience; (4) status quo / cross-undertaking in damages.
• Without notice (ex parte) only in urgency/secrecy, with full and frank disclosure of all material facts (including adverse ones).

Security for costs (CPR Part 25, Section III — rr.25.27–25.28, renumbered 1 Oct 2023)

• A defendant may apply for security against a claimant where it is just and a condition is met: e.g. claimant resident outside the UK (and not a 2005 Hague Convention State), claimant company with reason to believe it cannot pay costs if ordered, or steps taken to evade enforcement.
• Trap: impecuniosity alone is not a ground — there must be an additional gateway; the court guards against stifling a genuine claim.

Cross-cutting

• Track allocation (CPR Part 26, renumbered, in force 6 April 2024): small claims (≤£10k), fast track (£10k–£25k), intermediate track (£25k–£100k, introduced Oct 2023), multi-track (>£100k).
• Costs of interim applications usually summarily assessed; "costs in the case" vs immediate orders.