FLK1 · Dispute Resolution

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

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

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, and a hearing may also be fixed on the court's own initiative. Normally a claimant may not apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission or a rule or practice direction states otherwise (r.24.4(1)). Either document is enough. Special timing rules apply to civil proceedings against the Crown and the property-contract claims in r.24.4(2)-(3). If an application is made before the defence, the defendant need not file a defence before the hearing (r.24.4(4)). The respondent (or both parties for a court-initiated hearing) must receive at least 14 days' notice of the hearing date and proposed issues, unless a rule or practice direction provides a different period (r.24.4(5)-(6)).
Limits and outcomes: r.24.2 excludes summary judgment against defendants in the specified residential-possession proceedings (mortgagors, tenants, contract-holders and protected holding-over occupants). The court may give directions and make its order subject to conditions under r.3.1(3) (r.24.6).
Written evidence: except for the property-contract route in r.24.4(3), respondent evidence is filed and served at least 7 days before the hearing and applicant reply evidence at least 3 days before it; the same timings apply to evidence/reply where the court fixes the hearing itself. Already-filed or served material need not be duplicated (r.24.5(3)-(4)). The r.24.4(3) application has its own notice and draft-order requirements under r.24.5(2).
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 V, rr.25.20-25.25)

Part 25 was replaced from 6 April 2025 (SI 2025/106, rr.1, 7). An interim payment is on account of a sum, other than costs, which the court may hold the defendant liable to pay (r.25.1(1)(l)).

Conditions (r.25.23): the defendant has admitted liability to pay damages or another sum; the claimant has judgment against that defendant for damages or another sum (other than costs) to be assessed; or the court is satisfied the claimant would obtain judgment for a substantial amount (other than costs) against that defendant at trial. These are alternatives, not cumulative requirements.
Special routes: in a possession claim, the court may be satisfied the defendant would owe money for occupation and use while the possession claim was pending, even if possession itself fails (r.25.23(e)). With multiple defendants, it may be satisfied the claimant would recover a substantial sum against at least one but cannot determine which: r.25.23(f) then also requires all defendants to fall within its public-body, insurance or Motor Insurers Bureau categories.
Timing and evidence: the claimant cannot apply before the end of the defendant's acknowledgment-of-service period. Serve the evidence-supported application notice at least 14 days before the hearing; respondent written evidence is due at least 7 days, and applicant reply evidence at least 3 days, before the hearing. Evidence already filed or served need not be duplicated (r.25.21). The supporting evidence must deal with the sum sought, the items or matters it is sought for, the likely final judgment and why the r.25.23 conditions are met, with extra details in personal injury and fatal accident claims; supporting documents, including any medical report in a personal injury claim, must be exhibited (r.25.22).
Cap (r.25.20(1)-(2)): no more than a reasonable proportion of the likely final judgment, taking into account contributory negligence and any relevant set-off or counterclaim. This is a ceiling, not an automatic entitlement to that proportion.
Non-disclosure (r.25.25): the fact that a defendant has made an interim payment, voluntarily or by order, must not be disclosed to the trial judge until all liability and award-amount questions are decided, unless that defendant agrees. The rule concerns a payment made, not every application for one.

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 VI, rr.25.26-25.29)

A defendant may apply, supported by written evidence. An order fixes the amount, manner and time for giving security (r.25.26). The court must consider it just in all the circumstances, and either an enactment must permit security or one of r.25.27(b)'s conditions must apply.
Conditions include: the claimant is resident out of the jurisdiction (no Hague Convention exception appears in r.25.27(b)(i)); a claimant company or other body is reasonably believed unable to pay the defendant's costs if ordered; a change of address since the claim was commenced, made with a view to evading the litigation's consequences; failure to give an address or an incorrect address in the claim form; a nominal claimant (other than a Part 19 representative claimant) reasonably believed unable to pay; or steps concerning assets which would make enforcement difficult (r.25.27(b)(i)-(vi)).
Inability to pay: for an individual claimant, poverty alone is not one of those listed conditions. For a company or other body, reason to believe it will be unable to pay is itself a condition; do not add a requirement for evasion. Meeting a condition does not dispense with the separate justness assessment (r.25.27(a)). A claimant may resist at that stage on the ground that an order would stifle the claim, that is, prevent it from being continued; the Supreme Court recognised that objection for security-for-costs applications in Goldtrail Travel Ltd v Onur Air [2017] UKSC 57 at [12]-[13], and held for the appeal condition before it that the party raising the objection must prove it on the balance of probabilities (at [15]).
Other persons and appeals: r.25.28 permits security against specified non-claimants, including certain litigation funders or assignors, only where all its conditions are met; r.25.29 deals separately with security for appeal costs.

Cross-cutting

Track allocation (CPR Part 26): Part 26 was replaced from 1 October 2023, subject to transitional provisions (SI 2023/572, rr.1-2, 8). Small claims are normally up to GBP 10,000, subject to special limits. For a monetary claim unsuitable for small claims, fast track is normally available up to GBP 25,000, with a trial no longer than one day and the oral-expert limits in r.26.9(6). Intermediate track normally covers claims unsuitable for both lower tracks with monetary relief up to GBP 100,000, subject to r.26.9(7)'s trial, evidence, management and party conditions and rr.26.9(8)-(10). Multi-track is the residual normal track; r.26.9(10) also requires it for specified categories. See DR.05 for the full allocation conditions; value alone is not decisive.
Costs of interim applications usually summarily assessed; "costs in the case" vs immediate orders.

Try a real SQE1 question

This question is taken from the bank. Answer it to see the worked reasoning and the tutor. You do not need to sign up to try it.

A supplier delivers machinery to a manufacturer under a simple contract, not a deed. On 3 March 2024, its defective machinery causes a fire that seriously burns an adult factory worker and damages the factory. That day the worker knows the burns are serious, that they resulted from the supplier's defective machinery and who the supplier is. He proposes a negligence claim against the supplier for his injuries. The manufacturer proposes a contract claim against the supplier for the factory damage; the contractual breach also occurred on 3 March 2024. Neither claimant is under a disability, and there is no later date of knowledge or concealed fact to consider. Which best states the applicable primary limitation periods, leaving aside any discretionary extension?

Practise at the real standard

Strong on this topic? SQE1 tests 137 of them, and 58% did not pass in July 2026. See where you stand across all of them.

Complete includes

✓An AI tutor on every question. The tutor already knows the correct answer
✓5 full timed mock papers, plus unlimited drilling — no daily cap
✓The whole 2,263-question bank, with worked answers and references, all 137 topics
✓Your weak-spot map: exactly where you’re losing marks

See what it costs →or try 25 questions free

One payment, nothing recurring. The 25-question diagnostic is free with no card.